Bill Text: CA SB422 | 2011-2012 | Regular Session | Chaptered
Bill Title: Reporting of certain communicable diseases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-08-01 - Chaptered by Secretary of State. Chapter 151, Statutes of 2011. [SB422 Detail]
Download: California-2011-SB422-Chaptered.html
BILL NUMBER: SB 422 CHAPTERED
BILL TEXT
CHAPTER 151
FILED WITH SECRETARY OF STATE AUGUST 1, 2011
APPROVED BY GOVERNOR AUGUST 1, 2011
PASSED THE SENATE MAY 9, 2011
PASSED THE ASSEMBLY JULY 14, 2011
AMENDED IN SENATE APRIL 25, 2011
AMENDED IN SENATE APRIL 14, 2011
AMENDED IN SENATE MARCH 25, 2011
AMENDED IN SENATE MARCH 21, 2011
INTRODUCED BY Senator Wright
FEBRUARY 16, 2011
An act to amend Section 121015 of the Health and Safety Code,
relating to health reporting.
LEGISLATIVE COUNSEL'S DIGEST
SB 422, Wright. Reporting of certain communicable diseases.
Existing law exempts a physician who has the results for a
confirmed positive test for HIV from civil and criminal liability for
disclosing that information to specified people, including the local
health officer, and requires that no identifying information be
disclosed, except as specified. Existing law authorizes the local
health officer to notify the other specified people for appropriate
care and followup.
This bill would include the designated staff of the local public
health agency for HIV partner services among the people to whom the
physician may disclose the information. The bill would authorize
disclosure of identifying information with the written consent of the
individual, as specified. The bill would also exempt from civil and
criminal liability a local health officer and the designated local
public health agency staff for HIV partner services who alert the
other specified people about a positive HIV result.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 121015 of the Health and Safety Code is amended
to read:
121015. (a) Notwithstanding Section 120980 or any other provision
of law, no physician and surgeon who has the results of a confirmed
positive test to detect HIV infection of a patient under his or her
care shall be held criminally or civilly liable for disclosing to a
person reasonably believed to be the spouse, or to a person
reasonably believed to be a sexual partner or a person with whom the
patient has shared the use of hypodermic needles, or to the local
health officer or designated local public health agency staff for HIV
partner services, that the patient has tested positive on a test to
detect HIV infection, except that no physician and surgeon shall
disclose any identifying information about the individual believed to
be infected, except as required in Section 121022 or with the
written consent of the individual pursuant to subdivision (g) of
Section 120980.
(b) No physician and surgeon shall disclose the information
described in subdivision (a) unless he or she has first discussed the
test results with the patient and has offered the patient
appropriate educational and psychological counseling, that shall
include information on the risks of transmitting the human
immunodeficiency virus to other people and methods of avoiding those
risks, and has attempted to obtain the patient's voluntary consent
for notification of his or her contacts. The physician and surgeon
shall notify the patient of his or her intent to notify the patient's
contacts prior to any notification. When the information is
disclosed to a person reasonably believed to be a spouse, or to a
person reasonably believed to be a sexual partner, or a person with
whom the patient has shared the use of hypodermic needles, the
physician and surgeon shall refer that person for appropriate care,
counseling, and followup. This section shall not apply to disclosures
made other than for the purpose of diagnosis, care, and treatment of
persons notified pursuant to this section, or for the purpose of
interrupting the chain of transmission.
(c) This section is permissive on the part of the attending
physician, and all requirements and other authorization for the
disclosure of test results to detect HIV infection are limited to the
provisions contained in this chapter, Chapter 10 (commencing with
Section 121075) and Sections 1603.1 and 1603.3. No physician has a
duty to notify any person of the fact that a patient is reasonably
believed to be infected with HIV, except as required by Section
121022.
(d) The local health officer or the designated local public health
agency staff for HIV partner services may, without incurring civil
or criminal liability, alert any persons reasonably believed to be a
spouse, sexual partner, or partner of shared needles of an individual
who has tested positive on an HIV test about their exposure, without
disclosing any identifying information about the individual believed
to be infected or the physician making the report, and shall refer
any person to whom a disclosure is made pursuant to this subdivision
for appropriate care and followup. Upon completion of the efforts to
contact, alert, and refer any person pursuant to this subdivision by
a local health officer or the designated local public health agency
staff for HIV partner services, all records regarding that person
maintained by the local health officer pursuant to this subdivision,
including, but not limited to, any individual identifying
information, shall be expunged by the local health officer.
(e) The local health officer shall keep confidential the identity
and the seropositivity status of the individual tested and the
identities of the persons contacted, as long as records of contacts
are maintained.
(f) Except as provided in Section 1603.1, 1603.3, or 121022, no
person shall be compelled in any state, county, city, or local civil,
criminal, administrative, legislative, or other proceedings to
identify or provide identifying characteristics that would identify
any individual reported or person contacted pursuant to this section.
