reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 2 - California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) › Section 120855.

120855. (a)  The department may use funds appropriated to it to pay the costs, including reimbursements to contractors for administrative costs, of providing home and community-based services to eligible persons with a diagnosis of acquired immune deficiency syndrome (AIDS) or AIDS related conditions (ARC) when the funds are appropriated for that purpose.
(b)  To the extent that federal financial participation is available, each department within the Health and Welfare Agency, including departments designated as single state agencies for public social services programs, shall waive regulations and general policies and make resources available when necessary for the provision of home and community-based care services to eligible persons with a diagnosis of AIDS or ARC.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 2 - California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) › Section 120860.

120860. (a) The department shall, in coordination with the State Department of Health Care Services, develop a plan that assesses the need for, a program of acquired immune deficiency syndrome (AIDS) primary prevention, health education, testing, and counseling, specifically designed for women and children, that shall be integrated, as the department deems appropriate, into the following programs:
(1) The California Childrens Services Program provided for pursuant to Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of Division 106.
(2) Programs under the Maternal and Child Health Branch of the department.
(3) The Child Health Disability Prevention Program provided for pursuant to Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106.
(4) The Genetic Disease Program, provided for pursuant to Sections 125000 and 125005.
(5) The Family Planning Programs, provided for pursuant to Chapter 8.5 (commencing with Section 14500) of Part 3 of Division 9 of the Welfare and Institutions Code.
(6) The Rural and Community Health Clinics Program.
(7) The County Health Services Program, provided for pursuant to Part 4.5 (commencing with Section 16700) of Division 9 of the Welfare and Institutions Code.
(8) The Sexually Transmitted Disease Program.
(9) Substance use disorder programs administered by the State Department of Health Care Services.
(b) The AIDS-related services that shall be addressed in the plan specified in this section shall include, but not be limited to, all of the following:
(1) A variety of educational materials that are appropriate to the cultural background and educational level of the program clientele.
(2) The availability of confidential HIV antibody testing and counseling either onsite or by referral.
(c) Pursuant to subdivision (a), the plan shall include a method to provide the educational materials specified in subdivision (b) and appropriate AIDS-related training programs for those persons who provide direct services to women and children receiving services under the programs specified in this section.
(d) In order that the AIDS-related services plan provided through the programs specified in this section be as effective as possible, the department shall ensure that the educational materials and training programs provided for each program specified in subdivision (a) are developed in coordination with, and with input from, each of the respective programs.
(e) Nothing in this section shall preclude the department from incorporating the plan requirements into the department’s annual state AIDS plan, or any other reporting document relating to AIDS deemed appropriate by the department.
(Amended by Stats. 2013, Ch. 22, Sec. 70. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 2 - California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) › Section 120870.

120870. (a)  Every person who sells alkyl nitrites shall at the point of sale of the alkyl nitrites, post a sign measuring no less than five by seven inches to read as follows:
“Warning: These products contain alkyl nitrites (‛poppers’). Inhaling or swallowing alkyl nitrites may be harmful to your health. The use of alkyl nitrites may affect the immune system. Several studies have suggested that their use is associated with the development of Kaposi’s sarcoma (an AIDS condition).”
(b)  The signs required by subdivision (a) shall be furnished by the manufacturers or distributors of alkyl nitrites in California in sufficient quantity with the shipments of alkyl nitrites to allow posting at all points of sale.
(c)  “Point of sale” for purposes of this section is that place within close proximity of the shelves or other area where the alkyl nitrites are displayed for consumer purchase.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 2 - California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) › Section 120871.

120871. (a)  The department shall authorize the establishment of training programs throughout the state for counselors for publicly funded HIV testing programs. These training programs shall be conducted by community-based, nonprofit organizations with demonstrated expertise in providing free, anonymous, or confidential HIV testing services. The programs may be offered at flexible times, so as to facilitate the training of volunteer and part-time counselors.
(b)  All participating community-based organizations shall follow curriculum content and design approved by the department for training programs administered pursuant to this section.
(c)  All counselors trained in programs authorized by this section shall be subject to existing state and local testing and successful completion of training.
(d)  All costs associated with training programs administered pursuant to this section shall be absorbed by participating community-based organizations. This section shall not be construed to require or prohibit the funding of any training program administered pursuant to this section by the department, or by any local government administering a training program for HIV counselors.
(e)  This section shall not be construed to prohibit or otherwise restrict community-based organizations from participating in existing local training programs.
(Added by Stats. 2002, Ch. 273, Sec. 1. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 3 - Acquired Immune Deficiency Syndrome (AIDS) Information › Section 120875.

120875. The State Department of Education shall provide information to school districts on acquired immune deficiency syndrome (AIDS), on AIDS-related conditions, and on Hepatitis B. This information shall include, but not be limited to, any appropriate methods school employees may employ to prevent exposure to AIDS and Hepatitis B, including information concerning the availability of a vaccine to prevent contraction of Hepatitis B, and that the cost of vaccination may be covered by the health plan benefits of the employees. This information shall be compiled and updated annually, or if there is new information, more frequently, by the State Department of Education in conjunction with the department and in consultation with the California Conference of Local Health Officers. In order to reduce costs, this information may be included as an insert with other regular mailings to the extent practicable, and the information required to be provided on Hepatitis B shall be provided in conjunction with the information required to be provided on AIDS.
(Amended by Stats. 2006, Ch. 538, Sec. 440. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 3 - Acquired Immune Deficiency Syndrome (AIDS) Information › Section 120880.

120880. School districts shall inform their employees annually, or if there is new information, more frequently, of the information compiled by the State Department of Education pursuant to Section 120875.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 3 - Acquired Immune Deficiency Syndrome (AIDS) Information › Section 120885.

120885. The Legislature finds and declares it is of great benefit to the public health and essential to the protection of safe blood and blood components available for transfusion to provide testing for the presence of antibodies to the probable causative agent of acquired immune deficiency syndrome (AIDS) as a function separate from the donation of blood or blood components.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 3 - Acquired Immune Deficiency Syndrome (AIDS) Information › Section 120890.

120890. The director shall, in order to protect the public health and in order to make blood and blood components safe for transfusion, designate counties that shall establish alternative testing sites, within the funds available, pursuant to this section and Sections 120885 and 120895. When designating a county pursuant to this section, the director may consider whether the county contains a permanent operational blood bank. All alternative test sites, established pursuant to this section and Sections 120885 and 120895, shall be under the supervision of a physician and surgeon or be a clinic or health facility licensed by the department.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 4 - Acquired Immune Deficiency Syndrome (AIDS) Early Intervention Projects › Section 120905.

120905. (a)  The director shall commence awarding contracts to projects on or before July 1, 1990. In awarding contracts to early intervention projects, the director may select projects from each of the following models:
(1)  A privately operated profit or nonprofit clinic that is not licensed as part of a health facility and that provides all of the services specified in subdivision (b) of Section 120900.
(2)  A publicly operated clinic that is not licensed as part of a health facility and that provides all of the services specified in subdivision (b) of Section 120900.
(3)  A combination of independent privately operated clinics, publicly operated clinics, and other health care providers that in total provide all of the services specified in subdivision (b) of Section 120900.
(4)  Any other model that the director considers worthy of receiving funds.
(b)  An applicant for a contract to operate an early intervention project that is not a part of a county health department shall submit its application to the county health department for review and comment. The county health department shall provide comment on the application to the department within a time period to be specified by the department. The failure by a county health department to comment on an application submitted to it within the time period specified by the department shall not jeopardize the application, and the department in a case of this nature may process and award a contract in the absence of comment by the county health department.
(c)  An applicant for a contract to operate an early intervention project shall indicate in its application how it intends to coordinate with county health department programs, community-based organizations that provide HIV-related services, and other public and private entities that may provide services to a person who is infected with HIV.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 4 - Acquired Immune Deficiency Syndrome (AIDS) Early Intervention Projects › Section 120910.

120910. (a)  The department shall collect data from the early intervention projects, assess the effectiveness of the different models of early intervention projects.
(b)  The department shall continuously collect data from each early intervention project. The data collected may include, but not be limited to, the following:
(1)  The total number of clients served.
(2)  The number of clients utilizing each service provided by the project.
(3)  Demographics on clients in the aggregate.
(4)  The source of funding for each type of service provided.
(5)  The cost of each type of service provided.
(6)  Medical treatment modalities utilized in the aggregate.
(7)  Changes in the clinical status of clients in the aggregate.
(8)  Changes in behaviors that present risks of transmitting HIV infection of the clients in the aggregate.
(9)  The psychosocial changes of clients in the aggregate.
(10)  Referrals made by the project.
(11)  Perceived unmet needs of the clients served by the project.
(c)  The department shall develop and distribute to each early intervention project forms for data collection that are designed to elicit information necessary for the department to comply with the requirements of subdivision (b). The data may be used by the department to comply with the requirements of subdivision (a).
(Amended by Stats. 2012, Ch. 728, Sec. 105. (SB 71) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 4 - Acquired Immune Deficiency Syndrome (AIDS) Early Intervention Projects › Section 120920.

120920. The Legislature hereby finds and declares that people with HIV infection may not avail themselves of early intervention services unless they are aware of the availability of the services and the efficacy of early intervention in prolonging life. This awareness by HIV-infected persons is critical to maximizing the benefits of early intervention. Therefore, it is the intent of the Legislature that the department includes early intervention education as a component of information and education grants in the first grant cycle following enactment of Sections 120900 to 120920, inclusive.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 5 - Provision of Azidothymidine › Section 120925.

120925. The Legislature hereby finds and declares all of the following:
(a)  The drug azidothymidine (AZT) improves and prolongs the quality of life for those suffering from acquired immune deficiency syndrome (AIDS) or AIDS-related conditions, is believed to reduce the infectiousness of a person infected with human immunodeficiency virus (HIV), and is the only drug approved by the federal Food and Drug Administration for treatment of AIDS and AIDS-related conditions.
(b)  Hundreds of Californians infected with HIV are receiving AZT due to a subsidy for AZT made available by the federal government for low-income people.
(c)  The department estimates that it will have sufficient federal funds to maintain those enrolling in the program prior to October 1, 1988, through April 1989, if it terminates new enrollees beginning October 1, 1988.
(d)  The department intends to direct counties to cease accepting new enrollees for the subsidy program beginning October 1, 1988, because of the exhaustion of these federal funds.
(e)  The federal government has an obligation to continue to support the subsidy program that it has initiated because of the horrendous moral consequences of terminating the access of low-income infected people to the drug.
(f)  The funding cycle for federal programs precludes appropriating additional funds to maintain this program until June of 1989.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 5 - Provision of Azidothymidine › Section 120930.

120930. It is the intent of the Legislature that the State of California continue to provide temporary funding for the program to ensure that those whose health depends on obtaining access to AZT and who are unable to afford it can receive the drug during this interim period.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 5 - Provision of Azidothymidine › Section 120935.

120935. The department shall continue through June 1989, the AZT subsidy program established in 1987 with federal funds. The department shall maintain the eligibility standards used for the program as of August 1988. The department shall allocate to local health jurisdictions the funds appropriated to support the subsidy program. The department may reallocate funds among these local health jurisdictions as needed to ensure that persons requiring the subsidy receive it through June 1989.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 6 - Human Immunodeficiency Virus (HIV) Treatment › Section 120950.

120950. The Legislature hereby finds and declares all of the following:
(a)  State-of-art knowledge regarding treatment of people infected with the human immunodeficiency virus (HIV) indicates that active HIV infection (AIDS) can be a manageable, though chronic, condition with the use of drugs such as zidovudine (AZT), aerosolized pentamidine, and ganciclovir. AIDS experts across the nation agree that early intervention with these drugs can prolong life, minimize the related occurrences of more serious illnesses, reduce more costly treatments, and maximize the HIV-infected person’s vitality and productivity.
(b)  For reasons of compassion and cost effectiveness, the State of California has a compelling interest in ensuring that its citizens infected with the HIV virus have access to these drugs.
(c)  The department subsidizes the cost of these drugs for persons who do not have private health coverage, are not eligible for Medi-Cal, or cannot afford to purchase the drug privately. The subsidy program is funded through state and federal sources.
(d)  Congress is expected to place limitations on the federal subsidy program that will jeopardize access to these life-prolonging drugs for people whose income is higher than federal income eligibility cap but lower than the state’s income eligibility cap.
(e)  It is critical that suffering persons with limited income have access to life-prolonging drugs. It is also critical that persons currently eligible for the subsidy program remain eligible regardless of changes that may result from the congressional action and the enactment of this chapter. However, it is appropriate that people who can afford to pay a portion of the cost of treatment be obligated to share the cost of these drugs.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 6 - Human Immunodeficiency Virus (HIV) Treatment › Section 120956.

120956. (a) The AIDS Drug Assistance Program Rebate Fund is hereby created as a special fund in the State Treasury.
(b) All rebates collected from drug manufacturers on drugs purchased through the AIDS Drugs Assistance Program (ADAP) implemented pursuant to this chapter and, notwithstanding Section 16305.7 of the Government Code, interest earned on these moneys shall be deposited in the fund exclusively to cover costs related to the purchase of drugs and services provided through ADAP and the HIV prevention programs as described in Sections 120972 and 120972.1.
(c) Notwithstanding Section 13340 of the Government Code, moneys in the fund are continuously appropriated without regard to fiscal year to State Department of Public Health and available for expenditure for those purposes specified under this section.
(Amended by Stats. 2021, Ch. 143, Sec. 23. (AB 133) Effective July 27, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 6 - Human Immunodeficiency Virus (HIV) Treatment › Section 120960.

120960. (a) The department shall establish uniform standards of financial eligibility for the drugs under the program established under this chapter.
(b) Nothing in the financial eligibility standards shall prohibit drugs to an otherwise eligible person whose modified adjusted gross income does not exceed 500 percent of the federal poverty level per year based on family size and household income. However, the director may authorize drugs for persons with incomes higher than 500 percent of the federal poverty level per year based on family size and household income if the estimated cost of those drugs in one year is expected to exceed 20 percent of the person’s modified adjusted gross income.
(c) A county public health department administering this program pursuant to an agreement with the director pursuant to subdivision (b) of Section 120955 shall use no more than 5 percent of total payments it collects pursuant to this section to cover any administrative costs related to eligibility determinations, reporting requirements, and the collection of payments.
(d) A county public health department administering this program pursuant to subdivision (b) of Section 120955 shall provide all drugs added to the program pursuant to subdivision (a) of Section 120955 within 60 days of the action of the director.
(e) For purposes of this section, the following terms shall have the following meanings:
(1) “Family size” has the meaning given to that term in Section 36B(d)(1) of the Internal Revenue Code of 1986, and shall include same or opposite sex married couples, registered domestic partners, and any tax dependents, as defined by Section 152 of the Internal Revenue Code of 1986, of either spouse or registered domestic partner.
(2) “Federal poverty level” refers to the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of Section 9902(2) of Title 42 of the United States Code.
(3) “Household income” means the sum of the applicant’s or recipient’s modified adjusted gross income, plus the modified adjusted gross income of the applicant’s or recipient’s spouse or registered domestic partner, and the modified adjusted gross incomes of all other individuals for whom the applicant or recipient, or the applicant’s or recipient’s spouse or registered domestic partner, is allowed a federal income tax deduction for the taxable year.
(4) “Internal Revenue Code of 1986” means Title 26 of the United States Code, including all amendments enacted to that code.
(5) “Modified adjusted gross income” has the meaning given to that term in Section 36B(d)(2)(B) of the Internal Revenue Code of 1986.
(Amended by Stats. 2016, Ch. 30, Sec. 5. (SB 833) Effective June 27, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 6 - Human Immunodeficiency Virus (HIV) Treatment › Section 120966.

120966. (a)  (1)  The program established under this chapter shall make available to any eligible person under this chapter any antiviral drug that is approved by the federal Food and Drug Administration for treatment of human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS), prescribed by the beneficiary’s medical care provider, and approved by the AIDS Drug Assistance Program Medical Advisory Committee of the Office of AIDS if determined by the State Department of Health Services that the new antiviral drug would be used as an additional treatment option, and anticipated client utilization represents no significant additional cost to the program and does not require the removal of another antiviral drug from the formulary.
(2)  Any federal Food and Drug Administration-approved antiviral drug that is determined by the State Department of Health Services to represent a significant additional cost to the program shall be made available if, after an analysis is conducted by the department, it determines that the program has an adequate budget to fund the addition of the new drug.
(3)  The department shall use all reasonable means to ensure that the determination required in paragraph (1) or the analysis required by paragraph (2) are performed as promptly as possible.
(b)  Notwithstanding any other provision of law, any antiviral drug that is approved pursuant to paragraph (1) of subdivision (a) for addition to the formulary of drugs program established by this chapter shall be available to patients covered by the program established by this chapter within 30 days of the Office of AIDS being notified by the drug’s manufacturer of the FDA approval.
(Added by Stats. 1999, Ch. 497, Sec. 1. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 6 - Human Immunodeficiency Virus (HIV) Treatment › Section 120968.

120968. The Office of AIDS shall report to the Legislature no later than October 1, 2000, the status of consumer protections for the AIDS drug program established pursuant to this chapter, including a report on the contractor’s performance in each of the following areas:
(a)  Filling of patient prescriptions within 24 hours of submission, and shipping of mail order prescriptions within 48 hours.
(b)  Subcontracting with any willing provider, including a report on any denials of contracts with providers and the reason for denial.
(c)  Provision of information regarding program policies, procedures, enrollment procedures, eligibility guidelines, and lists of drugs covered in appropriate literacy levels in English, Spanish, Mandarin/Cantonese, Tagalog, and in other languages as determined by the department.
(d)  Development of a timely and accessible grievance procedure for clients, promotion of that procedure among clients, and utilization.
(Added by Stats. 1999, Ch. 497, Sec. 2. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 6 - Human Immunodeficiency Virus (HIV) Treatment › Section 120971.

120971. (a) In the event state expenditures for the AIDS Drug Assistance Program (ADAP) are identified by California to be used as a certified public expenditure for the purpose of obtaining federal financial participation under the Medi-Cal program for any purposes, including federal demonstration waivers, the State Department of Health Care Services and the State Department of Public Health shall ensure the integrity of the ADAP in meeting its maintenance-of-effort requirements to receive federal funds and to obtain all ADAP drug rebates to support the ADAP.
(b) The State Department of Health Care Services and the State Department of Public Health shall keep the appropriate policy and fiscal committees of the Legislature informed of any potential concerns that may arise in the event that state expenditures for the ADAP are used as a certified public expenditure as described in subdivision (a).
(Added by Stats. 2010, Ch. 717, Sec. 15. (SB 853) Effective October 19, 2010.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 6.2 - HIV Care Program › Section 120973.

120973. The following definitions apply for purposes of this chapter:
(a) “ADAP” means the AIDS Drug Assistance Program.
(b) “HIV Care Program” means the CARE Services Program referenced in subparagraph (C) of paragraph (1) of subdivision (a) of Section 131051. Any reference to the CARE Services Program is deemed a reference to the HIV Care Program.
(c) The HIV Care Program provides primary medical care and support services pursuant to the federal Ryan White CARE Act (42 U.S.C. Sec. 300ff), and is administered by the Office of AIDS in the State Department of Public Health in accordance with Sections 131019 and 131051.
(Added by Stats. 2019, Ch. 38, Sec. 24. (SB 78) Effective June 27, 2019. Section operative April 1, 2020, pursuant to Section 120974.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 6.2 - HIV Care Program › Section 120973.5.

120973.5 The State Department of Public Health shall apply the same financial eligibility requirements for the purposes of administering the HIV Care Program as those set forth for the ADAP in Section 120960.
(Added by Stats. 2019, Ch. 38, Sec. 24. (SB 78) Effective June 27, 2019. Section operative April 1, 2020, pursuant to Section 120974.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 6.2 - HIV Care Program › Section 120974.

120974. This chapter shall become operative on April 1, 2020.
(Added by Stats. 2019, Ch. 38, Sec. 24. (SB 78) Effective June 27, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 7 - Mandated Blood Testing and Confidentiality to Protect Public Health › Section 120975.

120975. To protect the privacy of individuals who are the subject of testing for human immunodeficiency virus (HIV), the following shall apply:
Except as provided in Section 1603.1, 1603.3, or 121022, no person shall be compelled in any state, county, city, or other local civil, criminal, administrative, legislative, or other proceedings to identify or provide identifying characteristics that would identify any individual who is the subject of an HIV test, as defined in subdivision (c) of Section 120775.
(Amended by Stats. 2013, Ch. 445, Sec. 1. (SB 249) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 7 - Mandated Blood Testing and Confidentiality to Protect Public Health › Section 120985.

120985. (a)  Notwithstanding Section 120980, the results of an HIV test that identifies or provides identifying characteristics of the person to whom the test results apply may be recorded by the physician who ordered the test in the test subject’s medical record or otherwise disclosed without written authorization of the subject of the test, or the subject’s representative as set forth in Section 121020, to the test subject’s providers of health care, as defined in Section 56.05 of the Civil Code, for purposes of diagnosis, care, or treatment of the patient, except that for purposes of this section, “providers of health care” does not include a health care service plan regulated pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2.
(b)  Recording or disclosure of HIV test results pursuant to subdivision (a) does not authorize further disclosure unless otherwise permitted by law.
(Amended by Stats. 2013, Ch. 444, Sec. 14. (SB 138) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 7 - Mandated Blood Testing and Confidentiality to Protect Public Health › Section 120991.

120991. (a) Each patient who has blood drawn at a primary care clinic and who has consented to the HIV test pursuant to Section 120990 shall be offered an HIV test. The primary care clinician shall offer an HIV test consistent with the United States Preventive Services Task Force recommendation for screening HIV infection. This subdivision shall not apply if the primary care clinic has tested the patient for HIV or if the patient has been offered the HIV test and declined the test within the previous 12 months. Any subsequent testing of a patient who has been tested by the primary care clinic shall be consistent with the most recent guidelines issued by the United States Preventive Services Task Force.
(b) HIV testing of minors 12 years of age or older shall comply with Section 6926 of the Family Code.
(c) This section shall not prohibit a primary care clinic from charging a patient to cover the cost of HIV testing. The primary care clinic shall be deemed to have complied with this section if an HIV test is offered.
(d) A primary care clinic shall attempt to provide test results to the patient before he or she leaves the facility. If that is not possible, the facility may inform the patient who tests negative for HIV by letter or by telephone, and shall inform a patient with a positive test result in a manner consistent with state law. However, in any case, the primary care clinic shall comply with subdivision (g) of Section 120990.
(e) For purposes of this section, “primary care clinic” means a primary care clinic as defined in subdivision (a) of Section 1204 or subdivision (g), (h), or (j) of Section 1206.
(Added by Stats. 2013, Ch. 589, Sec. 2. (AB 446) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 7 - Mandated Blood Testing and Confidentiality to Protect Public Health › Section 120995.

120995. Actions taken pursuant to Section 1768.9 of the Welfare and Institutions Code shall not be subject to subdivisions (a) to (c), inclusive, of Section 120980. In addition, the requirements of subdivision (a) of Section 120990 shall not apply to testing performed pursuant to Section 1768.9 of the Welfare and Institutions Code.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 7 - Mandated Blood Testing and Confidentiality to Protect Public Health › Section 121000.

121000. Actions taken pursuant to Title 8 (commencing with Section 7500) of Part 3 of the Penal Code shall not be subject to subdivisions (a) to (c), inclusive, of Section 120980. In addition, the requirements of subdivision (a) of Section 120990 shall not apply to testing performed pursuant to that title.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 7 - Mandated Blood Testing and Confidentiality to Protect Public Health › Section 121005.

121005. Neither the department nor any blood bank or plasma center, including a blood bank or plasma center owned or operated by a public entity, shall be held liable for any damages resulting from the notification of test results, as set forth in paragraph (3) of subdivision (a) of, and in subdivision (c) of, Section 1603.3, as amended by Chapter 23 of the Statutes of 1985.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 7 - Mandated Blood Testing and Confidentiality to Protect Public Health › Section 121010.

121010. Notwithstanding Section 120975 or 120980, the results of an HIV test, as defined in subdivision (c) of Section 120775, to detect antibodies to the probable causative agent of AIDS may be disclosed to any of the following persons without written authorization of the subject of the test:
(a) To the subject of the test or the subject’s legal representative, conservator, or to any person authorized to consent to the test pursuant to Section 120990 of this code and Section 6926 of the Family Code.
(b) To a test subject’s provider of health care, as defined in subdivision (j) of Section 56.05 of the Civil Code, except that for purposes of this section, “provider of health care” does not include a health care service plan regulated pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2.
(c) To an agent or employee of the test subject’s provider of health care who provides direct patient care and treatment.
(d) To a provider of health care who procures, processes, distributes, or uses a human body part donated pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7).
(e) (1) To the designated officer of an emergency response employee, and from that designated officer to an emergency response employee regarding possible exposure to HIV or AIDS, but only to the extent necessary to comply with provisions of the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381; 42 U.S.C. Sec. 201).
(2) For purposes of this subdivision, “designated officer” and “emergency response employee” have the same meaning as these terms are used in the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (Public Law 101-381; 42 U.S.C. Sec. 201).
(3) The designated officer shall be subject to the confidentiality requirements specified in Section 120980, and may be personally liable for unauthorized release of any identifying information about the HIV results. Further, the designated officer shall inform the exposed emergency response employee that the employee is also subject to the confidentiality requirements specified in Section 120980, and may be personally liable for unauthorized release of any identifying information about the HIV test results.
(Amended by Stats. 2013, Ch. 445, Sec. 2. (SB 249) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 7 - Mandated Blood Testing and Confidentiality to Protect Public Health › Section 121023.

121023. (a) Subject to subdivision (b), each clinical laboratory, as defined in Section 1206 of the Business and Professions Code, shall report all CD4+ T-Cell test results to the local health officer for the local health jurisdiction where the health care provider facility is located within seven days of the completion of the CD4+ T-Cell test.
(b) A clinical laboratory shall not be required to report a CD4+ T-Cell test result, as required by this section, if the clinical laboratory can demonstrate that the CD4+ T-Cell test result is not related to a diagnosed case of HIV infection.
(c) The clinical laboratory report with CD4+ T-Cell test results shall also include, if provided by the ordering health care provider, all of the following:
(1) The patient’s name.
(2) The patient’s date of birth.
(3) The patient’s gender.
(4) The name, telephone number, and address of the local health care provider that ordered the test.
(d) The clinical laboratory report with CD4+ T-Cell test results shall also include all of the following information:
(1) CD4+ T-Cell test results expressed as an absolute count (the number of lymphocytes containing the CD4 epitope per cubic millimeter) and, if available, the relative count (the number of lymphocytes expressing the CD4 epitope as a percentage of total lymphocytes).
(2) The type of laboratory test performed.
(3) The date the laboratory test was performed.
(4) The name, telephone number, and address of the clinical laboratory that performed the test.
(5) The laboratory CLIA number.
(6) The laboratory report number.
(e) (1) Each local health officer shall inspect each clinical laboratory CD4+ T-Cell test report to determine if the test is related to a case of HIV infection.
(2) If the clinical laboratory CD4+ T-Cell test result is related to a case of HIV infection, the local health officer shall report the case of HIV infection or AIDS, as appropriate, to the State Department of Public Health within 45 days of receipt of the laboratory report.
(3) If the clinical laboratory CD4+ T-Cell test result is not related to a case of HIV infection, the local health officer shall destroy the laboratory CD4+ T-Cell test report.
(f) Pursuant to Section 121025, CD4+ T-Cell test reports shall not be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding.
(g) CD4+ T-Cell test reports shall be considered confidential public health records as defined in Section 121035.
(h) For the purposes of this section, “CD4+ T-Cell test” means any test used to measure the number of lymphocytes containing the CD4 epitope.
(Amended by Stats. 2009, Ch. 501, Sec. 1. (AB 1045) Effective January 1, 2010.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 8 - Acquired Immune Deficiency Syndrome (AIDS) Public Health Records Confidentiality Act › Section 121030.

121030. (a)  To the extent Chapter 7 (commencing with Section 120975) and Chapter 10 (commencing with Section 121075) apply to records or information that would be covered by this chapter, Chapters 7 and 10 shall supersede this chapter.
(b)  This chapter supersedes Section 100330 to the extent it applies to records or information covered by Section 100325 or 100330.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 8 - Acquired Immune Deficiency Syndrome (AIDS) Public Health Records Confidentiality Act › Section 121035.

121035. For purposes of this chapter:
(a) “Disclosed” or “disclosure” or “discloses” has the same meaning as set forth in subdivision (b) of Section 121125.
(b) “State or local public health agencies” are the department, and any local entity that a health officer, as defined in Section 120100, serves.
(c) “Confidential public health record or records” means any paper or electronic record maintained by the department or a local health department or agency, or its agent, that includes data or information in a manner that identifies personal information, including, but not limited to, name, social security number, address, employer, or other information that may directly or indirectly lead to the identification of the individual who is the subject of the record.
(Amended by Stats. 2006, Ch. 20, Sec. 8. Effective April 17, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 9 - Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure › Section 121050.

121050.
The people of the State of California find and declare that AIDS, AIDS-related conditions, and other communicable diseases pose a major threat to the public health and safety.
The health and safety of the public, victims of sexual crimes, and peace officers, firefighters, and custodial personnel who may come into contact with infected persons, have not been adequately protected by law. The purpose of this chapter is to require that information that may be vital to the health and safety of the public, victims of certain crimes, certain defendants and minors, and custodial personnel, custodial medical personnel, peace officers, firefighters and emergency medical personnel put at risk in the course of their official duties, be obtained and disclosed in an appropriate manner in order that precautions can be taken to preserve their health and the health of others or that those persons can be relieved from groundless fear of infection.
It is the intent of this chapter to supersede in case of conflict existing statutes or case law on the subjects covered including but not limited to the confidentiality and consent provisions contained in Chapter 7 (commencing with Section 120975), Chapter 8 (commencing with Section 121025), and Chapter 10 (commencing with Section 121075).
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996. Note: Stats. 1995, Ch. 415, reenacted in this section the provisions from Section 199.95 as added on Nov. 8, 1988, by initiative Prop. 96.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 9 - Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure › Section 121055.

121055. Any defendant charged in any criminal complaint filed with a magistrate or court with any violation of Section 261, 261.5, 262, 266b, 266c, 286, 287, or 288 of, or former Section 288a of, the Penal Code, and any minor with respect to whom a petition has been filed in a juvenile court alleging violation of any of the foregoing laws, shall be subject to an order of a court having jurisdiction of the complaint or petition requiring testing as provided in this chapter.
If an alleged victim listed in the complaint or petition makes a written request for testing under this section, the prosecuting attorney, or the alleged victim may petition the court for an order authorized under this section.
The court shall promptly conduct a hearing upon any such petition. If the court finds that probable cause exists to believe that a possible transfer of blood, saliva, semen, or other bodily fluid took place between the defendant or minor and the alleged victim in an act specified in this section, the court shall order that the defendant or minor provide two specimens of blood for testing as provided in this chapter.
Copies of the test results shall be sent to the defendant or minor, each requesting victim and, if the defendant or minor is incarcerated or detained, to the officer in charge and the chief medical officer of the facility where the person is incarcerated or detained.
(Amended by Stats. 2018, Ch. 423, Sec. 37. (SB 1494) Effective January 1, 2019.)