California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 1 - Reportable Diseases and Conditions › Article 3.5 - Reporting of Human Immunodeficiency Virus (HIV) Infection › Subarticle 1 - Definitions › Section 2641.45 - Health Care Provider

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Health care provider" means an individual who obtains the
						  results of an HIV test or HIV test algorithm or submits a biological specimen to a
						  laboratory for a test to detect the presence of HIV, a component of HIV or
						  antibodies to or antigens of HIV, receives the test results and is;
(a) licensed under the provisions of Business and
						Professions Code, Division 2 (Healing Arts) and acting within his or her scope of
						practice, or;
(b) a designee of a
						physician and surgeon acting under the general supervision of that physician or
						surgeon, or;
(c) a person working in a
						publicly-funded confidential counseling and testing program acting under the general
						supervision of, and following the protocols approved by, the local Health Officer
						for the local health department.
1. New
						  section filed 5-2-2002; operative 7-1-2002 (Register 2002, No. 18).
2.
						  Amendment of first paragraph and NOTE filed 1-8-2007 as an emergency pursuant to
						  Health and Safety Code section
						  121022,
						  subdivision (c); operative 1-8-2007 (Register 2007, No. 2). A Certificate of
						  Compliance must be transmitted to OAL by 5-8-2007 or emergency language will be
						  repealed by operation of law on the following day.
3. Amendment of first
						  paragraph and NOTE refiled 4-18-2007 as an emergency pursuant to Health and Safety
						  Code section
						  121022,
						  subdivision (c); operative 5-9-2007 (Register 2007, No. 16). A Certificate of
						  Compliance must be transmitted to OAL by 9-6-2007 or emergency language will be
						  repealed by operation of law on the following day.
4. Amendment of first
						  paragraph and NOTE refiled with further amendment of NOTE 8-21-2007 as an emergency
						  pursuant to Health and Safety Code section
						  121022,
						  subdivision (c); operative 9-7-2007 (Register 2007, No. 35). A Certificate of
						  Compliance must be transmitted to OAL by 1-7-2008 or emergency language will be
						  repealed by operation of law on the following day.
5. Certificate of
						  Compliance as to 8-21-2007 order, including further amendment of first paragraph,
						  transmitted to OAL 12-21-2007 and filed 2-6-2008 (Register 2008, No.
						  6).
Note: Authority cited: Sections
							 101160,
							 120125,
							 120130,
							 121022,
							 131080
							 and
							 131200,
							 Health and Safety Code. Reference: Sections
							 1206,
							 1206.5,
							 1241,
							 1281
							 and
							 1285,
							 Business and Professions Code; and Sections
							 120175,
							 120775,
							 120885-
							 120895,
							 120917,
							 121022,
							 121025,
							 131051,
							 131052,
							 131056
							 and
							 131080,
							 Health and Safety Code.