BILL NUMBER: AB 2590	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonnie Lowenthal

                        FEBRUARY 19, 2010

   An act to amend Section 121010 of the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2590, as introduced, Bonnie Lowenthal. AIDS testing: disclosure
of results.
   Existing law establishes the State Department of Public Health and
sets forth its powers and duties relating to the administration of
public health programs, including programs relating to the prevention
and control of communicable diseases. Existing law requires health
care providers and laboratories to report cases of HIV infection to
the local health officer using patient names, and requires local
health officers to report unduplicated HIV cases by name to the
department, but otherwise protects the confidentially of the reported
cases, with certain exception. Unauthorized willful or malicious
disclosure of related confidential information that results in
economic, physiological, or emotional harm is a crime.
   Existing law specifies persons who may, without the consent of the
subject, receive information regarding the results of blood tests to
detect the probable causative agent of AIDS.
   This bill would, instead, specify who may receive information
regarding the results of blood tests to detect HIV. The bill would
also permit disclosure of results to an agent or contractor of the
state that is authorized by contract with the state to provide
treatment to the subject of the test.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 121010 of the Health and Safety Code is amended
to read:
   121010.  Notwithstanding Section 120975 or 120980, the results of
a blood test to detect  antibodies to the probable causative
agent of AIDS   HIV  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 subdivision (b) of Section 120990.
   (b) To a test subject's provider of health care, as defined in
subdivision (d) 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 Ryan White
Comprehensive AIDS Resources Emergency Act of 1990  (P.L.
  (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 Ryan White Comprehensive AIDS Resources Emergency Act
of 1990  (P.L.   (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. 
   (f) To an agent or contractor of the state that, by contract with
the state, is authorized to provide medical care and treatment to the
subject of the test.