BILL NUMBER: AB 1898	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Brown

                        FEBRUARY 19, 2014

   An act to amend Section 121025 of the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1898, as introduced, Brown. Public health records: reporting:
HIV/AIDS.
   Existing law, with specified exceptions, prohibits the disclosure
of public health records containing personally identifiable
information relating to human immunodeficiency virus (HIV) or
acquired immunodeficiency syndrome (AIDS) that were developed or
acquired by a state or local public health agency. Existing law
authorizes specified disclosures of that information for the purpose
of enhancing the completeness of HIV/AIDS, tuberculosis, and sexually
transmitted disease coinfection reporting to the federal Centers for
Disease Control and Prevention (CDC), including authorizing local
public agency tuberculosis control staff to disclose the information
to certain state public health agency staff who may further disclose
the information to the CDC, as specified.
   This bill would include other communicable and chronic diseases of
public health importance, as specified, for HIV/AIDS coinfection
reporting to the CDC. The bill would additionally authorize local
public health agency communicable disease staff to further disclose
the information to state public health agency staff, who may further
disclose the information, without disclosing patient identifying
information, to the CDC, to the extent it is requested by the CDC.
   Existing law authorizes local public health agency sexually
transmitted disease control and tuberculosis control staff to
disclose the HIV/AIDS-related information to state or local public
health agency sexually transmitted disease control and tuberculosis
control staff, the HIV-positive person, or his or her health care
provider, for the purpose of facilitating appropriate medical care
and treatment of persons coinfected with HIV, tuberculosis, syphilis,
gonorrhea, or chlamydia.
   This bill would instead authorize any local public health agency
staff to disclose that information to any appropriate state or local
public health agency staff for the purpose of facilitating
appropriate medical care and treatment of persons coinfected with HIV
and those diseases, or other communicable or chronic diseases of
public health importance, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 121025 of the Health and Safety Code is amended
to read:
   121025.  (a) Public health records relating to human
immunodeficiency virus (HIV) or acquired immunodeficiency syndrome
(AIDS), containing personally identifying information, that were
developed or acquired by a state or local public health agency, or an
agent of that agency, shall be confidential and shall not be
disclosed, except as otherwise provided by law for public health
purposes or pursuant to a written authorization by the person who is
the subject of the record or by his or her guardian or conservator.
   (b) In accordance with subdivision (g) of Section 121022, a state
or local public health agency, or an agent of that agency, may
disclose personally identifying information in public health records,
as described in subdivision (a), to other local, state, or federal
public health agencies or to corroborating medical researchers, when
the confidential information is necessary to carry out the duties of
the agency or researcher in the investigation, control, or
surveillance of disease, as determined by the state or local public
health agency.
   (c) Except as provided in paragraphs (1) to (3), inclusive, any
disclosure authorized by subdivision (a) or (b) shall include only
the information necessary for the purpose of that disclosure and
shall be made only upon agreement that the information will be kept
confidential and will not be further disclosed without written
authorization, as described in subdivision (a).
   (1) Notwithstanding any other  provision of  law,
the following disclosures shall be authorized for the purpose of
enhancing  the  completeness of  reporting to the
federal Centers for Disease Control and Prevention (CDC) of 
HIV/AIDS  ,   and coi   nfection with
 tuberculosis,  and sexually transmitted disease
coinfection reporting to the federal Centers for Disease Control and
Prevention (CDC)   syphilis, gonorrhea, chlamydia, or
other communicable and chronic diseases of public health importance,
as determined by the state or local public health agency, including,
but not limited to, hepatitis B, hepatitis C, salmonellosis,
meningococcal infection   , and listeriosis  :
   (A) The local public health agency HIV surveillance staff may
further disclose the information to the health care provider who
provides HIV care to the HIV-positive person who is the subject of
the record for the purpose of assisting in compliance with
subdivision (a) of Section 121022.
   (B) Local public health agency tuberculosis control staff may
further disclose the information to state public health agency
tuberculosis control staff, who may further disclose the information,
without disclosing patient identifying information, to the CDC, to
the extent the information is requested by the CDC and permitted by
subdivision (b), for purposes of the investigation, control, or
surveillance of HIV and tuberculosis coinfections.
   (C) Local public health agency sexually transmitted disease
control staff may further disclose the information to state public
health agency sexually transmitted disease control staff, who may
further disclose the information, without disclosing patient
identifying information, to the CDC, to the extent it is requested by
the CDC  ,  and permitted by subdivision (b), for
the purposes of the investigation, control, or surveillance of HIV
and syphilis, gonorrhea, or chlamydia coinfection. 
   (D) Local public health agency communicable disease staff may
further disclose the information to state public health agency staff,
who may further disclose the information, without disclosing patient
identifying information, to the CDC, to the extent it is requested
by the CDC and permitted by subdivision (b), for the purposes of the
investigation, control, or surveillance of coinfection with HIV and
other communicable and chronic diseases of public health importance,
as determined by the state or local public health agency, including,
but not limited to, hepatitis B, hepatitis C, salmonellosis,
meningococcal infection, and listeriosis. 
   (2) Notwithstanding any other  provision of  law,
the following disclosures shall be authorized for the purpose of
facilitating appropriate HIV/AIDS medical care and treatment:
   (A) State public health agency HIV surveillance staff, AIDS Drug
Assistance Program staff, and care services staff may further
disclose the information to local public health agency staff, who may
further disclose the information to the HIV-positive person who is
the subject of the record, or the health care provider who provides
his or her HIV care, for the purpose of proactively offering and
coordinating care and treatment services to him or her.
   (B) AIDS Drug Assistance Program staff and care services staff in
the State Department of Public Health may further disclose the
information directly to the HIV-positive person who is the subject of
the record or the health care provider who provides his or her HIV
care, for the purpose of proactively offering and coordinating care
and treatment services to him or her.
   (C) Local public health agency staff may further disclose acquired
or developed information to the HIV-positive person who is the
subject of the record or the health care provider who provides his or
her HIV care for the purpose of proactively offering and
coordinating care and treatment services to him or her.
   (3) Notwithstanding any other  provision of  law,
for the purpose of facilitating appropriate medical care and
treatment of persons coinfected with HIV  ,  
and  tuberculosis,  and  syphilis, gonorrhea,
 or  chlamydia,  or other communicable and
chronic disease of public health importance, as determined by the
state or local public health agency,  local public health agency
 sexually transmitted disease control and tuberculosis
control  staff may further disclose the information to 
appropriate  state or local public health agency 
sexually transmitted disease control and tuberculosis control
 staff, the HIV-positive person who is the subject of the
record, or the health care provider who provides  his or her
HIV, tuberculosis, and sexually transmitted disease  care
 for the patient coinfected with HIV and tuberculosis, syphilis,
gonorrhea, chlamydia, or other communicable and chronic disease 
.
   (4) For the purposes of paragraphs (2) and (3), "staff" shall not
include nongovernmental entities, but shall include state and local
contracted employees who work within state and local public health
departments.
   (d)  No   A  confidential public health
record, as defined in subdivision (c) of Section 121035, shall 
not  be disclosed, discoverable, or compelled to be produced in
any civil, criminal, administrative, or other proceeding.
   (e) (1) A person who negligently discloses the content of a
confidential public health record, as defined in subdivision (c) of
Section 121035, to  any   a  third party,
except pursuant to a written authorization, as described in
subdivision (a), or as otherwise authorized by law, shall be subject
to a civil penalty in an amount not to exceed five thousand dollars
($5,000), plus court costs, as determined by the  court,
which   court. The  penalty and costs shall be paid
to the person whose record was disclosed.
   (2)  Any   A  person who willfully or
maliciously discloses the content of any confidential public health
record, as defined in subdivision (c) of Section 121035, to 
any   a  third party, except pursuant to a written
authorization, or as otherwise authorized by law, shall be subject to
a civil penalty in an amount not less than five thousand dollars
($5,000) and not more than twenty-five thousand dollars ($25,000),
plus court costs, as determined by the  court, which
  court. The  penalty and costs shall be paid to
the person whose confidential public health record was disclosed.
   (3)  Any   A  person who willfully,
maliciously, or negligently discloses the content of  any
  a  confidential public health record, as defined
in subdivision (c) of Section 121035, to  any  
a  third party, except pursuant to a written authorization, or
as otherwise authorized by law, that results in economic, bodily, or
psychological harm to the person whose confidential public health
record was disclosed, is guilty of a misdemeanor, punishable by
imprisonment in a 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, plus court costs, as determined by the  court, which
  court. The  penalty and costs shall be paid to
the person whose confidential public health record was disclosed.
   (4)  Any   A  person who commits
 any   an  act described in paragraph (1),
(2), or (3), shall be liable to the person whose confidential public
health record was disclosed for all actual damages for economic,
bodily, or psychological harm that is a proximate result of the act.
   (5) Each violation of this section is a separate and actionable
offense.
   (6)  Nothing in this section limits or expands 
 This   section does not limit or expand  the right
of an injured person whose confidential public health record was
disclosed to recover damages under any other applicable law.
   (f) In the event that a confidential public health record, as
defined in subdivision (c) of Section 121035, is disclosed, the
information shall not be used to determine employability, or
insurability of  any   a  person.