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 9 - Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure › Section 121056.

121056. (a)  Any forensic scientist, including, but not limited to, any criminalist, toxicologist, and forensic pathologist, or any other employee required to handle or perform DNA or other forensic evidence analysis within the scope of his or her duties, who comes into contact with blood or other bodily fluids on, upon, or through the skin or membranes of his or her person while handling or performing testing on forensic evidence, may petition, ex parte, the court having jurisdiction over the laboratory in which he or she works for an order authorized under this chapter.
The employing agency, officer, or entity of the affected employee may also file an ex parte petition for an order authorized under this chapter. Before filing a petition, the requesting party shall make a reasonable effort to obtain the consent of the person whose blood or bodily fluids is to be tested.
(b)  The court shall promptly consider any petition filed pursuant to this section. 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 forensic evidence collected and the forensic scientist, criminalist, toxicologist, forensic pathologist, or any other employee required to handle evidence or perform forensic testing thereon as specified in this section, the court shall promptly order that the existing forensic evidence be tested as provided in this chapter.
(c)  (1)  Except as provided in paragraph (2), copies of the test results shall be sent to each requesting employee named in the petition, and his or her employing agency, officer, or entity, to the person whose sample was tested, and to the officer in charge and the chief medical officer of the facility in which the person is incarcerated or detained.
(2)  The person whose sample was tested, shall be advised that he or she will be informed of the HIV test results only if he or she wishes to be so informed. If the person declines to be informed of the HIV test results, then he or she shall sign a form documenting that refusal. The person’s refusal to sign that form shall be construed to be a request to be informed of the HIV test results.
(Added by Stats. 2001, Ch. 482, Sec. 1. Effective January 1, 2002.)
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 121060.1.

121060.1. (a) For purposes of Section 121060, “bloodborne pathogen exposure” means a percutaneous injury, including, but not limited to, a needle stick or cut with a sharp object, or the contact of nonintact skin or mucous membranes with any of the bodily fluids identified in subdivision (b), in accordance with the most current bloodborne pathogen exposure definition established by the federal Centers for Disease Control and Prevention.
(b) “Bodily fluids” means any of the following:
(1) Blood.
(2) Tissue.
(3) Mucous containing visible blood.
(4) Semen.
(5) Vaginal secretions.
(Added by Stats. 2008, Ch. 554, Sec. 2. Effective January 1, 2009.)
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 121065.

121065. (a) The withdrawal of blood shall be performed in a medically approved manner. Only a physician, registered nurse, licensed vocational nurse, licensed medical technician, or licensed phlebotomist may withdraw blood specimens for the purposes of this chapter.
(b) The court shall order that the blood specimens be transmitted to a licensed medical laboratory and that tests be conducted thereon for medically accepted indications of exposure to or infection by HIV, hepatitis B, and hepatitis C.
(c) (1) The test results shall be sent to the designated recipients with the following disclaimer:
“The tests were conducted in a medically approved manner. Persons receiving this test result should continue to monitor their own health and should consult a physician as appropriate. Recipients of these test results are subject to existing confidentiality protections for any identifying information about HIV, hepatitis B, or hepatitis C test results. Medical information regarding the HIV, hepatitis B, or hepatitis C status of the source patient shall be kept confidential and may not be further disclosed, except as otherwise authorized by law.”
(2) The exposed individual shall also be informed of the penalties for disclosure for which he or she would be personally liable pursuant to Section 120980.
If the person subject to the test is a minor, copies of the test result shall also be sent to the minor’s parents or guardian.
(d) The court shall order all persons, other than the test subject, who receive test results pursuant to Sections 121055, 121056, or 121060, to maintain the confidentiality of personal identifying data relating to the test results except for disclosure that may be necessary to obtain medical or psychological care or advice.
(e) The specimens and the results of tests ordered pursuant to Sections 121055, 121056, and 121060 shall not be admissible evidence in any criminal or juvenile proceeding.
(f) Any person performing testing, transmitting test results, or disclosing information pursuant to the provisions of this chapter shall be immune from civil liability for any action undertaken in accordance with the provisions of this chapter.
(Amended by Stats. 2008, Ch. 554, Sec. 3. Effective January 1, 2009. Note: Stats. 1995, Ch. 415, reenacted in this section the provisions from Section 199.98 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 10 - Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act › Section 121075.

121075. Research records, in a personally identifying form, developed or acquired by any person in the course of conducting research or a research study relating to HIV or AIDS shall be confidential, and these confidential research records shall not be disclosed by any person in possession of the research record, nor shall these confidential research records be discoverable, nor shall any person be compelled to produce any confidential research record, except as provided by this chapter.
(Amended by Stats. 2006, Ch. 20, Sec. 9. 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 10 - Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act › Section 121080.

121080. Confidential research records may be disclosed in accordance with the prior written consent of the research subject with respect to whom the research record is maintained, but only to the extent, under the circumstances, to the persons, and for the purposes the written consent authorizes. Any disclosure authorized by a research subject shall be accompanied by a written statement containing substantially the same language as follows:
“This information has been disclosed to you from a confidential research record the confidentiality of which is protected by state law and any further disclosure of it without specific prior written consent of the person to whom it pertains is prohibited. Violation of these confidentiality guarantees may subject you to civil or criminal liabilities.”
(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 10 - Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act › Section 121085.

121085. (a) Confidential research records shall be protected in the course of conducting financial audits or program evaluations, and audit personnel shall not directly or indirectly identify any individual research subject in any report of a financial audit or program evaluation. To the extent it is necessary for audit personnel to know the identity of individual research subjects, authorized disclosure of confidential research records shall be made on a case-by-case basis, and every prudent effort shall be exercised to safeguard the confidentiality of these research records in accordance with this chapter. Information disclosed for audit or evaluation purposes should be used only for audit and evaluation purposes and may not be redisclosed or used in any other way.
(b) Nothing in this section imposes liability or criminal sanction for disclosure of confidential research records in accordance with any reporting requirement for a case of HIV, including AIDS, by the department or the Centers for Disease Control and Prevention under the United States Public Health Services.
(Amended by Stats. 2006, Ch. 20, Sec. 10. 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 10 - Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act › Section 121090.

121090. Notwithstanding Section 121080, whether or not the research subject, with respect to whom any confidential research record is maintained, gives prior written consent, the content of the confidential research record may be disclosed in any of the following situations:
(a)  To medical personnel to the extent it is necessary to meet a bona fide medical emergency of a research subject.
(b)  To the department to the extent necessary for the conduct of a special investigation pursuant to Section 100325, in which case the confidentiality provisions of Chapter 8 (commencing with Section 121025) shall apply.
(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 10 - Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act › Section 121095.

121095. The content of any confidential research record shall be disclosed to the research subject, the legal representative of the research subject if the research subject is a minor, or the personal representative of a deceased research subject to whom the record pertains, thirty (30) days after written request therefor by the research subject, the legal representative or the personal representative.
(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 10 - Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act › Section 121100.

121100. (a)  No confidential research record may be compelled to be produced in any state, county, city or other proceeding in order to initiate or substantiate any criminal charge or charges against a research subject, or to conduct an investigation of a research subject, unless a court finds there is reasonable likelihood that the records in question will disclose material information or evidence of substantial value in connection with the criminal charge or charges or investigation, and there is no other practicable way of obtaining the information or evidence.
In addition, no confidential research record shall be disclosed, discoverable, or compelled to be produced in order to initiate or substantiate any criminal charge or charges against a research subject until after a showing of good cause. In assessing good cause, the court shall weigh the public interest and need for disclosure against the injury to the research subject and the harm to the research being undertaken. Upon the granting of an order to produce, the court, in determining the extent to which disclosure of all or any part of a confidential research record is necessary, shall impose appropriate safeguards against unauthorized disclosure, that shall include, but not necessarily be limited to, the individuals or bodies that may have access to the data, the purposes for which the data shall be used, prohibitions on further disclosure and protection of the identities of other research subjects.
(b)  No confidential research record may be compelled to be produced in any state, county, city or other civil proceeding, except as expressly provided in this chapter.
(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 10 - Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act › Section 121105.

121105. Prior to participation of an individual in a research study relating to HIV or AIDS, both of the following requirements shall be met:
(a) The informed consent of each research subject shall be obtained in the method and manner required by Section 46.116, (a) and (b), of Part 46 of Title 45 of the Code of Federal Regulations and be documented in accordance with Section 46.117 of that part.
(b) Each research subject shall be provided with an explanation in writing, in language understandable to the research subject, of the rights and responsibilities of researchers and research subjects under this chapter.
(Amended by Stats. 2006, Ch. 20, Sec. 11. 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 10 - Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act › Section 121110.

121110. (a) Any person who negligently discloses the content of any confidential research record, as defined in subdivision (c) of Section 121125, to any third party, except pursuant to this chapter, shall be assessed a civil penalty in an amount not to exceed two thousand five hundred dollars ($2,500), plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.
(b) Any person who willfully or maliciously discloses the content of any confidential research record, as defined in subdivision (c) of Section 121125, to any third party, except pursuant to this chapter, shall be assessed a civil penalty in an amount not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.
(c) Any person who willfully, maliciously, or negligently discloses the content of any confidential research record, as defined in subdivision (c) of Section 121125, to a third party, except pursuant to this chapter, that results in economic, bodily, or psychological harm to the research subject, is guilty of a misdemeanor, punishable by imprisonment in the county jail for a period not to exceed one year, or a fine of not to exceed twenty-five thousand dollars ($25,000), or both.
(d) Any person who commits any act described in subdivision (a) or (b) shall be liable to the subject for all actual damages for economic, bodily, or psychological harm that is a proximate result of the act.
(e) Any person who negligently or willfully violates Section 121105 is guilty of an infraction punishable by a fine of twenty-five dollars ($25).
(f) Each violation of this chapter is a separate and actionable offense.
(g) Nothing in this section limits or expands the right of an injured research subject to recover damages under any other applicable law.
(Amended by Stats. 2006, Ch. 20, Sec. 12. 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 10 - Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act › Section 121115.

121115. In the event that the participation of an individual in a research study is disclosed, the information shall not be used to determine the employability or insurability of the research subject.
(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 10 - Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act › Section 121120.

121120. Nothing in this chapter shall preclude disclosure of information in order to further research efforts, including, but not limited to, the publication, dissemination, or sharing of raw data, statistics, or case studies, so long as no confidential research records concerning any research subject are disclosed.
(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 10 - Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act › Section 121125.

121125. For purposes of this chapter:
(a) “AIDS” means acquired immunodeficiency syndrome.
(b) “Disclosed” means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any confidential research record orally, in writing, or by electronic means to any person or entity, or to provide the means for obtaining the records.
(c) “Confidential research record or records” means any data or information in a personally identifying form, including name, social security number, address, employer, or other information that could, directly or indirectly, in part or in sum, lead to the identification of the individual research subject, developed or acquired by any person in the course of conducting research or a research study relating to HIV or AIDS.
(d) “HIV” means human immunodeficiency virus.
(Amended by Stats. 2006, Ch. 20, Sec. 13. 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 11 - Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants › Section 121150.

121150. The Legislature hereby finds and declares that the department, working with the California AIDS Leadership Committee, has developed a draft state AIDS plan for comprehensive, coordinated government action against AIDS and HIV infection. It is the intention of the Legislature to implement those recommendations pertaining to infectious-disease screening of blood and other body parts and fluids, and to notifying donors of the results of those screening tests.
(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 11 - Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants › Section 121155.

121155. (a)  There is hereby created in the state department an AIDS Advisory Committee. The membership of the committee shall be composed of eight members who have knowledge or expertise in the area of public health or AIDS research, or have been educated in the areas for which the grants are to be directed by the committee. These members shall be appointed by the following:
(1)  Two by the Speaker of the Assembly.
(2)  Two by the Senate Rules Committee.
(3)  Four by the Governor.
(b)  In addition to the membership prescribed by subdivision (a), the following persons shall be ex officio members:
(1)  The Director of Health Services or a designee shall be a voting member.
(2)  The Director of Mental Health, or a designee, a designee, requested to be appointed by the President of the University of California, with knowledge, experience, and responsibility for the university-wide allocation of AIDS research grants, shall be nonvoting members.
(c)  The committee shall be abolished effective July 1, 1990, unless extended by subsequent legislative action.
(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 11 - Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants › Section 121160.

121160. The members of the AIDS Advisory Committee shall serve at the pleasure of the appointing powers. The members shall serve without compensation, but shall be reimbursed for necessary and travel expenses incurred in the performance of the duties of the committee.
The committee shall advise and assist the state in addressing the public health issues associated with Acquired Immune Deficiency Syndrome, and shall work with the department in statewide efforts to promote primary prevention, public education, and the advancement of knowledge regarding Acquired Immune Deficiency Syndrome.
(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 11 - Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants › Section 121165.

121165. The committee may establish rules or criteria for grants under this chapter as it deems necessary. Pursuant to the rules or criteria, the committee may review and recommend approval by the director of grant applications and monitor programs receiving grants under this chapter.
(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 11 - Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants › Section 121170.

121170. The director may award grants from any funds that may be made available for the purposes of this chapter to individuals, organizations, or facilities for activities that may include, but need not be limited to, any of the following:
(a)  Education regarding primary prevention for high risk groups.
(b)  Public education to reduce panic and lessen unnecessary anxiety about AIDS among California residents.
(c)  Interdisciplinary or educational workshops to facilitate the interchange of knowledge among investigators regarding AIDS and related disorders.
(d)  Research grants that would assist the state with the educational efforts outlined in subdivisions (a) and (b).
(e)  Grants to provide seed money for larger grants funded by the federal government or other sources.
(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 11 - Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants › Section 121175.

121175. The department may do all of the following:
(a)  Accept any federal funds provided for any of the purposes of this chapter.
(b)  Accept any gift, donation, bequest, or grant of funds from a private or public agency for any of the purposes of this chapter.
(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 11 - Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants › Section 121180.

121180. Not more than 10 percent of any money appropriated for purposes of this chapter shall be utilized for the administration of this chapter.
(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 12 - Acquired Immune Deficiency Syndrome (AIDS) Vaccine Research and Development Grant Program › Section 121200.

121200. The Legislature finds and declares all of the following:
(a)  Over the past five years AIDS has reached an epidemic stage and is estimated to affect 30,000 Californians by 1990.
(b)  The estimated cost of medical care alone for the 4,000 AIDS cases that have occurred to date in California totals approximately two hundred fifty million dollars ($250,000,000). By the end of 1990, medical care is projected to approach three billion five hundred million dollars ($3,500,000,000) and the total public health and medical care expenditures are expected to exceed five billion dollars ($5,000,000,000).
(c)  There is no cure for the AIDS virus. The long-term solution to the elimination of AIDS lies in conducting vaccine research.
(d)  Much research has already been completed by the private sector and should be utilized to the maximum extent possible, including supplementing with public funds.
(e)  Profitmaking corporations are (1) not eligible for most of the existing public funding sources as are institutions of higher learning and nonprofit corporations; (2) when eligible, the public funding amounts are not adequate to conduct research; and (3) private grants are only available to nonprofit corporations.
(f)  Moreover, private research companies, already having established vaccine development and manufacturing capabilities, are uniquely situated to maximize available resources and to utilize both management and research staff, equipment, and technical innovations to their greatest efficiency towards the specific goal of developing and manufacturing an AIDS vaccine at the earliest possible time.
(g)  Exclusion of private corporations from public funding to develop an approved vaccine will likely result in (1) a delay in the development of a vaccine to prevent AIDS; (2) continued spread of AIDS to the general population; and (3) continued increases in private and public funds to provide care to AIDS victims.
(h)  It is appropriate to mandate that a grant made to a private entity to develop an AIDS vaccine, once the vaccine has been approved by the FDA for use by the general population, should be reimbursed to the state from the sale of the vaccine.
(Amended by Stats. 1997, Ch. 294, Sec. 18. Effective August 18, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 12 - Acquired Immune Deficiency Syndrome (AIDS) Vaccine Research and Development Grant Program › Section 121225.

121225. If a California manufacturer that is a grant recipient sells, delivers, or distributes an AIDS vaccine that has received FDA approval for use by the general population and that was developed in whole or in part using a grant awarded pursuant to this chapter, the State of California shall be reimbursed for the grant as provided in this section.
Until the total amount of the grant is repaid, repayments in the amount of one dollar ($1) per dose from the sale of the AIDS vaccine shall be deposited by the grant recipient into the General Fund. Upon payment in full of the grant amount into the General Fund, a royalty on the sale of the vaccine from the grant recipient shall be deposited into the General Fund. The percentage amount of the royalty shall be negotiated at the time of the grant award.
(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 13 - Acquired Immune Deficiency Syndrome (AIDS) Immunization › Section 121265.

121265. “State,” as used in this chapter, has the same meaning as set forth in Section 900.6 of the Government 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 13 - Acquired Immune Deficiency Syndrome (AIDS) Immunization › Section 121280.

121280. (a)  In enacting this section the Legislature finds and declares:
(1)  It is in the interest of the people of California to develop a vaccine that will prevent the infection of HIV, the agent that causes AIDS.
(2)  In order to develop that vaccine, a prototype vaccine must be first given to HIV-negative people to determine the following:
(A)  The vaccine’s toxicity.
(B)  The vaccine’s efficacy.
(C)  The human immune response to the vaccine.
(3)  These studies are currently impossible because vaccine manufacturers fear that, by inoculating HIV-negative individuals with an experimental vaccine, they will elicit a positive immune response as measured by an enzyme linked immunosorbent assay (ELISA), western blot or other federal Food and Drug Administration approved in vitro diagnostic test, thereby placing vaccine volunteers at risk for denial of health or life insurance by insurance carriers as a consequence of their participation.
(4)  Insurers need a reliable mechanism by which they can verify the insurability of a vaccine trial participant.
(b)  No health care service plan, disability insurer, nonprofit hospital service plan, self-insured employee welfare benefit plan, or life insurer may withhold any settlement or coverage of an individual solely because of his or her participation in an AIDS/HIV vaccine clinical trial studied under an investigational new drug application effective pursuant to Section 312 of Title 21 of the Code of Federal Regulations, or Section 111595.
(c)  The sponsor of any such trial shall make a confidential certificate with all the necessary particulars, which shall be determined by the department, for each enrollee and then submit it to the department, which shall endorse it and return it to the vaccine recipient. A copy of this confidential certificate shall be kept on file indefinitely by both the study sponsor and the department.
(d)  Release of a confidential certificate shall be by written authorization of the enrollee named in the certificate. If the enrollee is unable to provide the written authorization, a person designated in the certificate by the enrollee may provide the written authorization. The written authorization shall include the name of the person or entity to whom the disclosure would be made.
Disclosure as used in this section means to release, transfer, disseminate or otherwise communicate all or part of any confidential certificate orally, in writing, or by electronic means to any person or entity.
(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 13 - Acquired Immune Deficiency Syndrome (AIDS) Immunization › Section 121281.

121281. In order to assist pharmacists and pharmacy personnel in the education of consumers who are at risk of bloodborne infections regarding methods and opportunities for improving and protecting their health, and thereby protect the public health, the Office of AIDS shall develop and maintain all of the following information, on its Internet Web site, and the California State Board of Pharmacy shall also post, or maintain a link to, the information on its Internet Web site:
(a) How consumers can access testing and treatment for HIV and viral hepatitis.
(b) How consumers can safely dispose of syringes and hypodermic needles or other sharps waste.
(c) How consumers can access drug treatment.
(Added by Stats. 2011, Ch. 738, Sec. 12. (SB 41) Effective January 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 13.6 - Public Health Demonstration Projects › Section 121287.

121287. (a) There are hereby established public health demonstration projects to allow for innovative, evidence-based approaches to provide outreach, HIV and hepatitis C screenings, and linkage to, and retention in, quality health care for the most vulnerable and underserved individuals with a high risk for HIV infection.
(b) The demonstration projects may operate for a period of up to two years. The department shall implement up to four demonstration projects. The demonstration projects shall be designed to be capable of replication and expansion on a statewide basis.
(c) After conclusion of the demonstration projects, the department shall review the effectiveness of each demonstration project and make a determination of whether the demonstration project model can be implemented on a statewide basis.
(Added by Stats. 2014, Ch. 40, Sec. 2. (SB 870) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 13.6 - Public Health Demonstration Projects › Section 121288.

121288. Upon an appropriation for this purpose in the annual Budget Act, the department shall award funding, on a competitive basis, to a community-based organization or local health jurisdiction to operate a demonstration project pursuant to this chapter. The department shall determine the funding levels of each demonstration project based on scope and geographic area. An applicant shall demonstrate each of the following qualifications:
(a) Leadership on access to HIV care and testing issues and experience addressing the needs of highly marginalized populations in accessing medical and HIV care and support.
(b) Experience with the target population or relationships with community-based organizations or nongovernmental organizations, or both, that demonstrate expertise, history, and credibility working successfully in engaging the target population.
(c) Experience working with nontraditional collaborators who work within and beyond the field of HIV/AIDS education and outreach, including areas of reproductive health, housing, immigration, and mental health.
(d) Strong relationships with community-based HIV health care providers that have the trust of the targeted populations.
(e) Strong relationships with the state and local health departments.
(f) Capacity to coordinate a communitywide planning phase involving multiple community collaborators.
(g) Experience implementing evidence-based programs or generating innovative strategies, or both, with at least preliminary evidence of program effectiveness.
(h) Administrative systems and accountability mechanisms for grant management.
(i) Capacity to participate in evaluation activities.
(j) Strong communication systems that are in place to participate in public relations activities.
(Added by Stats. 2014, Ch. 40, Sec. 2. (SB 870) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 13.6 - Public Health Demonstration Projects › Section 121289.

121289. Each demonstration project shall prepare and disseminate information regarding best practices for, and the lessons learned regarding, providing outreach and education to the most vulnerable and underserved individuals with a high risk for HIV infection for use by providers, the Office of AIDS, State Department of Public Health, federal departments and agencies, including the Department of Health and Human Services, and other national HIV/AIDS groups.
(Added by Stats. 2014, Ch. 40, Sec. 2. (SB 870) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 13.7 - Statewide African-American Initiative › Section 121290.

121290. (a) There is hereby established the Statewide African-American Initiative to address the disproportionate impact of HIV/AIDS on the health of African-Americans by coordinating prevention and service networks around the state and increasing the capacity of core service providers. For purposes of this chapter, “initiative” means the Statewide African-American Initiative.
(b) The initiative shall have an executive director who shall coordinate the initiative and report to the Office of AIDS through the Statewide African-American HIV/AIDS Steering Committee formally established pursuant to Section 121290.8.
(c) The initiative shall be implemented in the following five designated regions:
(1) Alameda/San Francisco.
(2) Los Angeles.
(3) Sacramento/Central Valley.
(4) San Bernardino/Riverside.
(5) San Diego.
(d) (1) The Office of AIDS shall provide initial administrative support for the core functions of the initiative.
(2) Until January 1, 2008, the initiative shall be housed at the Office of AIDS. By January 1, 2008, the initiative shall establish itself as an independent nonprofit organization for purposes of Section 501(c)(3) of the Internal Revenue Code.
(Added by Stats. 2005, Ch. 403, Sec. 1. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 13.7 - Statewide African-American Initiative › Section 121290.1.

121290.1. The initiative shall sponsor and conduct an annual Summit on African-Americans and HIV. The summit shall be funded solely by private funds. The summit shall do all of the following:
(a) Provide a report on the progress of the initiative.
(b) Offer technical assistance workshops.
(c) Provide an overview of local, regional, and national efforts concerning health disparities relating to African-Americans and HIV.
(Added by Stats. 2005, Ch. 403, Sec. 1. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 13.7 - Statewide African-American Initiative › Section 121290.2.

121290.2. The initiative shall have all of the following responsibilities:
(a) To design and conduct a series of complementary projects to implement policy and planning to address the disproportionate impact of HIV/AIDS on the African-American community, focusing on all of the following categories:
(1) Research.
(2) Policy and advocacy.
(3) Workforce development.
(4) Organizational capacity.
(5) Prevention and treatment information and resources.
(b) To provide integrated leadership in developing, implementing, evaluating, and sustaining HIV-related services and programmatic partnerships between research institutions, community-based organizations, the business community, and public sector agencies.
(c) To improve the efficacy of local service providers through the central coordination of service availability, data, and funding sources through the development of a central coordinating body.
(Added by Stats. 2005, Ch. 403, Sec. 1. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 13.7 - Statewide African-American Initiative › Section 121290.4.

121290.4. The initiative shall employ all of the following strategies to achieve its objectives:
(a) Serve as a community resource for technical assistance and training in the communication and dissemination of information, and for the synthesis, interpretation, and dissemination of HIV/AIDS data and public health information.
(b) Assemble a network of health experts, HIV/AIDS service providers, community-based organizations, and relevant public and private sector stakeholders who will be accessible through the regional centers, to support the capacity building of community-based programs to eliminate HIV-related health disparities for African-Americans.
(c) Establish the administrative, educational, and communication infrastructure, including personnel, facilities, and technology, to support the activities of the initiative’s provider network.
(d) Assess the availability and allocation of scientific, governmental, and private sector resources to reduce the impact of HIV/AIDS on African-Americans.
(e) Evaluate community-focused interventions and demonstration projects to eliminate disparities in the evaluation and treatment of HIV/AIDS, based on information from the work of the initiative and local and regional resources.
(f) Coordinate and disseminate data, including epidemiology, outcome assessment, and informatics, to provider networks addressing health disparities regarding HIV/AIDS.
(g) Facilitate the development of lasting academic and community partnerships that promote healthy lifestyles, prevent disease, and reduce risk factors for HIV/AIDS.
(h) Increase ongoing access to culturally appropriate health care for African-Americans living with HIV/AIDS.
(Added by Stats. 2005, Ch. 403, Sec. 1. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 13.7 - Statewide African-American Initiative › Section 121290.5.

121290.5. (a) The initiative shall establish a central coordinating body to provide administrative, technical, educational, and health information dissemination services to the initiative’s network of community-based organizations.
(b) The duties of the central coordinating body shall include, but not be limited to, all of the following:
(1) Helping to provide program administration services, project management, fiscal support, resource allocation, and program evaluation to the initiative.
(2) Assisting in the collection, management, and analysis of primary and secondary data, and providing technical support and training.
(3) Aiding in the synthesis, interpretation, and dissemination of information on HIV and African-Americans.
(c) The objectives of the central coordinating body shall include, but not be limited to, both of the following:
(1) To achieve economies of scale in effort, expertise, and equipment, and thereby build the capacity of the provider network and the Office of AIDS to develop, implement, and evaluate community programs to address HIV/AIDS among African-Americans.
(2) To pool services, expertise, equipment, and facilities to support several interrelated projects and collaborating organizations, thereby leveraging greater resources than those that would be provided separately to each project and without formal interactions among the Office of AIDS, community-based organizations, and public sector agencies.
(Added by Stats. 2005, Ch. 403, Sec. 1. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 13.7 - Statewide African-American Initiative › Section 121290.7.

121290.7. The Office of AIDS shall appoint an internal advisory committee composed of the office’s African-American HIV specialist, a section head from the office, and a designee to supervise the day-to-day activities of the initiative.
(Added by Stats. 2005, Ch. 403, Sec. 1. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 13.7 - Statewide African-American Initiative › Section 121290.8.

121290.8. There is hereby established the Statewide African-American HIV/AIDS Steering Committee. The committee shall be appointed by the Office of AIDS and shall initially consist of the current membership of the informally established Statewide African-American HIV/AIDS Steering Committee, which consists of leadership from service providers, researchers, educators, community-based organizations, and public sector agencies.
(Added by Stats. 2005, Ch. 403, Sec. 1. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 13.7 - Statewide African-American Initiative › Section 121290.9.

121290.9. The requirements of this chapter shall be implemented only after the Department of Finance makes a determination that nonstate funds in an amount sufficient to fully support the activities of the initiative have been deposited with the state. Thereafter, the requirements of this chapter shall be implemented only to the extent that nonstate funds are received for the purposes of this chapter.
(Added by Stats. 2005, Ch. 403, Sec. 1. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 13.8 - HIV and Aging Demonstration Projects › Section 121295.

121295. (a) The State Department of Public Health, in consultation with the California Department of Aging, shall establish a program for demonstration projects to allow for innovative, evidence-informed approaches to improve the health and well-being of older people living with HIV.
(b) The demonstration projects shall address the multidisciplinary clinical and nonclinical needs of older people living with HIV.
(c) The demonstration projects shall be responsive to the unique needs of older people living with HIV in the specific geographic area.
(d) The demonstration projects shall operate for a period of up to three years. The department shall implement up to five demonstration projects.
(e) The demonstration projects shall include an evaluation component and a plan for disseminating lessons learned in order to develop new programs and strengthen existing programs.
(f) (1) The department shall establish a process to request applications, and award funding on a competitive basis, for an eligible entity to operate a demonstration project pursuant to this chapter.
(2) An application to operate a demonstration project under this chapter shall be evaluated based on need in the geographic area, populations served, competency of the entity applying, and program design.
(g) The department shall determine the funding levels of each demonstration project based on the scope of the project and need in the specific geographic area.
(h) Any entity in any county shall be eligible to operate a demonstration project pursuant to this chapter if it meets both of the following requirements:
(1) Demonstrates experience and expertise in providing culturally appropriate services to the most vulnerable and underserved older people living with HIV, including, but not limited to, older people living with HIV who are Black, Indigenous, and people of color.
(2) Demonstrates the capacity to ensure that the multidisciplinary clinical and nonclinical needs of older people living with HIV are assessed and addressed. Services may be colocated or coordinated across different locations, including through referrals or partnerships with other entities.
(Added by Stats. 2021, Ch. 143, Sec. 25. (AB 133) Effective July 27, 2021.)