PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775. - 121349.3.]
Part 4 added by Stats. 1995, Ch. 415, Sec. 7.
§§ 120775–121349.3 · 131 sections
CHAPTER 1. Definitions § 120775 · 1 section
- § 120775 As used in this code: (a) “AIDS” means acquired immune deficiency syndrome. (b) “Human immunodeficiency virus” or “HIV” means the etiologic virus of AIDS. (c)…
CHAPTER 1.5. State HIV Prevention and Education Funds §§ 120780–120780.5 · 4 sections
- § 120780 For purposes of this chapter, “public entity” includes the state, a county, city, district, public authority, public agency, and any other political…
- § 120780.1 A public entity that receives General Fund money from the State Department of Public Health for HIV prevention and education may use that money to support…
- § 120780.2 In order to reduce the spread of HIV, hepatitis C, and other potentially deadly bloodborne pathogens, the State Department of Public Health may purchase…
- § 120780.5 (a) Upon an appropriation in the annual Budget Act, the State Department of Public Health shall award funding, on a competitive basis, to community-based…
CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) §§ 120800–120871 · 15 sections
- § 120800 The intent of the Legislature in enacting this chapter is as follows: (a) To fund specified pilot AIDS education programs. (b) To fund pilot projects to…
- § 120805 (a) The department shall: (1) Additionally, use funds appropriated by Section 6 of Chapter 23 of the Statutes of 1985 for purposes of making reimbursements to…
- § 120815 (a) The department may provide supplemental funding to residential AIDS shelters in accordance with Section 120810, as long as that section is operative, and…
- § 120820 (a) Personal data in any investigations, reports, and information relating thereto shall be kept confidential and be afforded protections provided by Section…
- § 120825 The director shall: (a) Be prepared to report to the Legislature on the amounts and recipients of contracts or block grant awards, and needs assessments…
- § 120830 (a) Pilot projects to demonstrate the cost effectiveness of home health, attendant, or hospice care shall be initiated through a block grant program, as…
- § 120835 (a) The department shall amend the home health, hospice, and attendant care pilot projects funded pursuant to this chapter, to include, to the extent that it…
- § 120840 The State Department of Health Care Services shall establish an AIDS mental health project, as described in this section. (a) The program should include, but…
- § 120845 Pilot programs to reduce the spread of AIDS through residential detoxification and outpatient detoxification and treatment services for intravenous drug users,…
- § 120846 (a) It is the intent of the Legislature to increase the capacity of HIV test sites to screen more individuals by streamlining test site services. (b) Publicly…
- § 120850 The amount of two million three hundred thousand dollars ($2,300,000), appropriated pursuant to Section 2 of Chapter 767 of the Statutes of 1985, shall be…
- § 120855 (a) The department may use funds appropriated to it to pay the costs, including reimbursements to contractors for administrative costs, of providing home and…
- § 120860 (a) The department shall, in coordination with the State Department of Health Care Services, develop a plan that assesses the need for, a program of acquired…
- § 120870 (a) Every person who sells alkyl nitrites shall at the point of sale of the alkyl nitrites, post a sign measuring no less than five by seven inches to read as…
- § 120871 (a) The department shall authorize the establishment of training programs throughout the state for counselors for publicly funded HIV testing programs. These…
CHAPTER 3. Acquired Immune Deficiency Syndrome (AIDS) Information §§ 120875–120895 · 5 sections
- § 120875 The State Department of Education shall provide information to school districts on acquired immune deficiency syndrome (AIDS), on AIDS-related conditions, and…
- § 120880 School districts shall inform their employees annually, or if there is new information, more frequently, of the information compiled by the State Department of…
- § 120885 The Legislature finds and declares it is of great benefit to the public health and essential to the protection of safe blood and blood components available for…
- § 120890 The director shall, in order to protect the public health and in order to make blood and blood components safe for transfusion, designate counties that shall…
- § 120895 (a) Each county, designated by the director, shall make the test available within its jurisdiction without charge, in an accessible manner and the tests shall…
CHAPTER 4. Acquired Immune Deficiency Syndrome (AIDS) Early Intervention Projects §§ 120900–120920 · 6 sections
- § 120900 (a) The director shall award contracts to early intervention projects to provide long-term services to persons infected with HIV. The purposes of the early…
- § 120905 (a) The director shall commence awarding contracts to projects on or before July 1, 1990. In awarding contracts to early intervention projects, the director…
- § 120910 (a) The department shall collect data from the early intervention projects, assess the effectiveness of the different models of early intervention projects.…
- § 120915 (a) The department shall establish a reimbursement schedule for all of the services detailed in subdivision (b) of Section 120900. The amounts to be reimbursed…
- § 120917 (a) An HIV counselor who meets the requirements of subdivision (f) may do all of the following: (1) Perform any HIV, hepatitis C virus (HCV), or other sexually…
- § 120920 The Legislature hereby finds and declares that people with HIV infection may not avail themselves of early intervention services unless they are aware of the…
CHAPTER 5. Provision of Azidothymidine §§ 120925–120935 · 3 sections
- § 120925 The Legislature hereby finds and declares all of the following: (a) The drug azidothymidine (AZT) improves and prolongs the quality of life for those suffering…
- § 120930 It is the intent of the Legislature that the State of California continue to provide temporary funding for the program to ensure that those whose health…
- § 120935 The department shall continue through June 1989, the AZT subsidy program established in 1987 with federal funds. The department shall maintain the eligibility…
CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment §§ 120950–120971 · 9 sections
- § 120950 The Legislature hereby finds and declares all of the following: (a) State-of-art knowledge regarding treatment of people infected with the human…
- § 120955 (a) (1) To the extent that state and federal funds are appropriated in the annual Budget Act for these purposes, the director shall establish and may…
- § 120956 (a) The AIDS Drug Assistance Program Rebate Fund is hereby created as a special fund in the State Treasury. (b) All rebates collected from drug manufacturers…
- § 120960 (a) The department shall establish uniform standards of financial eligibility for the drugs under the program established under this chapter. (b) Nothing in…
- § 120962 (a) (1) For the purpose of verifying financial eligibility pursuant to Section 120960 and the federal Ryan White HIV/AIDS Treatment Extension Act of 2009 (42…
- § 120966 (a) (1) The program established under this chapter shall make available to any eligible person under this chapter any antiviral drug that is approved by the…
- § 120968 The Office of AIDS shall report to the Legislature no later than October 1, 2000, the status of consumer protections for the AIDS drug program established…
- § 120970 If the department utilizes a contractor or subcontractor to administer any aspect of the program provided for under this chapter, the following additional…
- § 120971 (a) In the event state expenditures for the AIDS Drug Assistance Program (ADAP) are identified by California to be used as a certified public expenditure for…
CHAPTER 6.1. Human Immunodeficiency Virus (HIV) Prevention §§ 120972–120972.2 · 3 sections
- § 120972 (a) To the extent that funds are available for these purposes, the director may establish and administer a program within the department’s Office of AIDS to…
- § 120972.1 (a) To the extent that funds are available for these purposes, the State Department of Public Health, Office of AIDS may allocate funds to local health…
- § 120972.2 (a) The State Department of Public Health’s Office of AIDS may expend moneys from the AIDS Drug Assistance Program Rebate Fund to support prevention services…
CHAPTER 6.2. HIV Care Program §§ 120973–120974 · 3 sections
- § 120973 The following definitions apply for purposes of this chapter: (a) “ADAP” means the AIDS Drug Assistance Program. (b) “HIV Care Program” means the CARE Services…
- § 120973.5 The State Department of Public Health shall apply the same financial eligibility requirements for the purposes of administering the HIV Care Program as those…
- § 120974 This chapter shall become operative on April 1, 2020.
CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health §§ 120975–121023 · 14 sections
- § 120975 To protect the privacy of individuals who are the subject of testing for human immunodeficiency virus (HIV), the following shall apply: Except as provided in…
- § 120980 (a) Any person who negligently discloses results of an HIV test, as defined in subdivision (c) of Section 120775, to any third party, in a manner that…
- § 120985 (a) (1) Notwithstanding Section 120980, the results of an HIV test that identifies or provides identifying characteristics of the person to whom the test…
- § 120990 (a) Prior to ordering a test that identifies infection of a patient with HIV, a medical care provider shall inform the patient that the test is planned,…
- § 120991 (a) Each patient who has blood drawn at a primary care clinic and who has consented to the HIV test pursuant to Section 120990 shall be offered an HIV test.…
- § 120992 (a) There is hereby created a pilot project, to be administered by the department, in order to assess and make recommendations regarding the effectiveness of…
- § 120995 Actions taken pursuant to Section 1768.9 of the Welfare and Institutions Code shall not be subject to subdivisions (a) to (c), inclusive, of Section 120980. In…
- § 121000 Actions taken pursuant to Title 8 (commencing with Section 7500) of Part 3 of the Penal Code shall not be subject to subdivisions (a) to (c), inclusive, of…
- § 121005 Neither the department nor any blood bank or plasma center, including a blood bank or plasma center owned or operated by a public entity, shall be held liable…
- § 121010 Notwithstanding Section 120975 or 120980, the results of an HIV test, as defined in subdivision (c) of Section 120775, to detect antibodies to the probable…
- § 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…
- § 121020 (a) (1) When the subject of an HIV test is not competent to give consent for the test to be performed, written consent for the test may be obtained from the…
- § 121022 (a) To ensure knowledge of current trends in the HIV epidemic and to ensure that California remains competitive for federal HIV and AIDS funding, health care…
- § 121023 (a) Subject to subdivision (b), each clinical laboratory, as defined in Section 1206 of the Business and Professions Code, shall report all CD4+ T-Cell test…
CHAPTER 8. Acquired Immune Deficiency Syndrome (AIDS) Public Health Records Confidentiality Act §§ 121025–121035 · 4 sections
- § 121025 (a) Public health records relating to human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS), containing personally identifying…
- § 121026 (a) Notwithstanding subdivision (f) of Section 120980, Section 121010, subdivision (i) of Section 121022, subdivision (f) of Section 121025, Section 121115,…
- § 121030 (a) To the extent Chapter 7 (commencing with Section 120975) and Chapter 10 (commencing with Section 121075) apply to records or information that would be…
- § 121035 For purposes of this chapter: (a) “Disclosed” or “disclosure” or “discloses” has the same meaning as set forth in subdivision (b) of Section 121125. (b) “State…
CHAPTER 9. Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure §§ 121050–121070 · 7 sections
- § 121050 The people of the State of California find and declare that AIDS, AIDS-related conditions, and other communicable diseases pose a major threat to the public…
- § 121055 Any defendant charged in any criminal complaint filed with a magistrate or court with any violation of Section 261, 261.5, 262, 266b, 266c, 286, 287, or 288…
- § 121056 (a) Any forensic scientist, including, but not limited to, any criminalist, toxicologist, and forensic pathologist, or any other employee required to handle or…
- § 121060 (a) Any peace officer, firefighter, custodial officer, as that term is defined in subdivision (a) of Section 831 or subdivision (a) of Section 831.5 of the…
- § 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…
- § 121065 (a) The withdrawal of blood shall be performed in a medically approved manner. Only a physician, registered nurse, licensed vocational nurse, licensed medical…
- § 121070 (a) Any medical personnel employed by, under contract to, or receiving payment from the State of California, any agency thereof, or any county, city, or city…
CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act §§ 121075–121125 · 11 sections
- § 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…
- § 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…
- § 121085 (a) Confidential research records shall be protected in the course of conducting financial audits or program evaluations, and audit personnel shall not…
- § 121090 Notwithstanding Section 121080, whether or not the research subject, with respect to whom any confidential research record is maintained, gives prior written…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 121120 Nothing in this chapter shall preclude disclosure of information in order to further research efforts, including, but not limited to, the publication,…
- § 121125 For purposes of this chapter: (a) “AIDS” means acquired immunodeficiency syndrome. (b) “Disclosed” means to disclose, release, transfer, disseminate, or…
CHAPTER 11. Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants §§ 121150–121180 · 7 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 121180 Not more than 10 percent of any money appropriated for purposes of this chapter shall be utilized for the administration of this chapter.
CHAPTER 12. Acquired Immune Deficiency Syndrome (AIDS) Vaccine Research and Development Grant Program §§ 121200–121225 · 2 sections
- § 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…
- § 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…
CHAPTER 13. Acquired Immune Deficiency Syndrome (AIDS) Immunization §§ 121250–121281 · 8 sections
- § 121250 The Legislature finds and declares all of the following: (a) The rapidly spreading AIDS epidemic poses an unprecedented major public health crisis in…
- § 121255 The Legislature further finds and declares all of the following: (a) Acquired immune deficiency syndrome (AIDS) is caused by the virus human T-cell…
- § 121260 The Legislature further finds and declares all of the following: (a) The average cost per patient in the treatment of AIDS until death is now one hundred fifty…
- § 121265 “State,” as used in this chapter, has the same meaning as set forth in Section 900.6 of the Government Code.
- § 121270 (a) There is hereby created the AIDS Vaccine Victims Compensation Fund. (b) For the purposes of this section, the following definitions apply: (1) “AIDS…
- § 121275 (a) Because the development of a vaccine now costs somewhere between twenty million dollars ($20,000,000) and forty million dollars ($40,000,000), and because…
- § 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…
- § 121281 In order to assist pharmacists and pharmacy personnel in the education of consumers who are at risk of bloodborne infections regarding methods and…
CHAPTER 13.6. Public Health Demonstration Projects §§ 121287–121289 · 3 sections
- § 121287 (a) There are hereby established public health demonstration projects to allow for innovative, evidence-based approaches to provide outreach, HIV and hepatitis…
- § 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…
- § 121289 Each demonstration project shall prepare and disseminate information regarding best practices for, and the lessons learned regarding, providing outreach and…
CHAPTER 13.7. Statewide African-American Initiative §§ 121290–121290.9 · 8 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 121290.5 (a) The initiative shall establish a central coordinating body to provide administrative, technical, educational, and health information dissemination services…
- § 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…
- § 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…
- § 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…
CHAPTER 13.8. HIV and Aging Demonstration Projects § 121295 · 1 section
- § 121295 (a) The State Department of Public Health, in consultation with the California Department of Aging, shall establish a program for demonstration projects to…
CHAPTER 14. Acquired Immune Deficiency Syndrome (AIDS) Clinical Trial Grant Award for the Prevention of Maternal Transmission of Human Immunodeficiency Virus (HIV) Infection §§ 121300–121335 · 8 sections
- § 121300 The Legislature finds and declares all of the following: (a) Nearly 90 percent of the cases of pediatric AIDS in the United States occur as a result of…
- § 121305 For the purposes of this chapter, the following definitions apply: (a) “AIDS” means acquired immune deficiency syndrome. (b) “An HIV-positive individual” means…
- § 121310 A manufacturer, research institution, or researcher shall, prior to the administration of an AIDS vaccine to a research subject, obtain that woman’s informed…
- § 121315 (a) A manufacturer, research institution, or researcher shall not be strictly liable for personal injury or wrongful death resulting from the administration of…
- § 121320 No person shall be denied the opportunity to be a research subject because of the inability to pay for medical treatment.
- § 121325 There is hereby created the AIDS Vaccine Clinical Trial Grant Award for the Prevention of Maternal Transmission of HIV Infection. Moneys within the AIDS…
- § 121330 If a manufacturer that is a grant recipient sells, delivers, or distributes an AIDS vaccine that has received FDA approval for use by the general population…
- § 121335 It is the intent of the Legislature for the department to make every effort possible to insure a comprehensive and diverse expert representation on the…
CHAPTER 15. HIV Reporting Systems § 121340 · 1 section
- § 121340 (a) The State Department of Health Services, in consultation with the California Conference of Local Health Officers, the California Medical Association, HIV…
CHAPTER 16. Therapeutic Monitoring Program § 121345 · 1 section
- § 121345 (a) The Legislature finds and declares that therapeutic monitoring is necessary to make appropriate life-prolonging and cost-effective treatment decisions in…
CHAPTER 17. Pre- and Post-Exposure Prophylaxis §§ 121348–121348.4 · 3 sections
- § 121348 (a) The department, through its Office of AIDS, shall appoint and convene a task force to develop recommendations for the use of post-exposure prophylaxis…
- § 121348.2 (a) The task force shall consist of no more than 10 members, including, but not be limited to, representatives with PEP experience from all of the following:…
- § 121348.4 Upon an appropriation in the annual Budget Act, the State Department of Public Health shall establish the Pre-Exposure Prophylaxis (PrEP) Navigator Services…
CHAPTER 18. Clean Needle and Syringe Exchange Program §§ 121349–121349.3 · 4 sections
- § 121349 (a) The Legislature finds and declares that scientific data from needle exchange programs in the United States and in Europe have shown that the exchange of…
- § 121349.1 The State Department of Public Health or a city, county, or a city and county with or without a health department, that acts to authorize a clean needle and…
- § 121349.2 Local government, local health officials, and law enforcement shall be given the opportunity to comment on clean needle and syringe exchange programs on a…
- § 121349.3 The health officer of the participating jurisdiction shall present biennially at an open meeting of the board of supervisors or city council a report detailing…