Health and Safety Code — Part 22 | HSC — United States — California law | Esheria

Health and Safety Code

Part 22 of 87 · provisions 4,201–4,400

This section says the act is to be known as the Health and Safety Code.

Jurisdiction
United States — California
Instrument
Code
Citation
HSC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
911 call processing AED access AED compliance AED maintenance AI in healthcare review AIDS AIDS clinical trials AIDS disclosure AIDS prevention AIDS program administration AIDS research AIDS services AIDS treatment subsidy API access APIs Alzheimer’s care Alzheimer’s disease programs American Indian mortality CAQH CBD CEQA compliance COBRA COVID-19 COVID-19 public health orders +15,819 more

Statute overview

About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

Read the provisions Ask with citations

Legal text

Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 120600.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A person who refuses required information, fails to comply with a control measure or examination, violates the chapter or board rules, or exposes/infects another person with a venereal disease is guilty of a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120600. Any person who refuses to give any information to make any report, to comply with any proper control measure or examination, or to perform any other duty or act required by this chapter, or who violates any provision of this chapter or any rule or regulation of the state board issued pursuant to this chapter, or who exposes any person to or infects any person with any venereal disease; or any person infected with a venereal disease in an infectious state who knows of the condition and who marries or has sexual intercourse, is guilty of a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  2. 120605.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section protects certain religious adherents’ use of prayer for healing and exempts them, and their treating persons, from this chapter’s venereal-disease provisions, except for reporting, quarantine, and related excluded-callings rules.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Prevention and Control [120500 - 120605] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120605. Nothing in this chapter shall be construed to interfere with the freedom of any adherent of teachings of any well-recognized religious sect, denomination, or organization to depend exclusively upon prayer for healing in accordance with the teachings of the religious sect, denomination, or organization. Any such person, along with any person treating him or her, shall be exempt from all provisions of this chapter regarding venereal diseases, except that the provisions of this code and the regulations of the board regarding compulsory reporting of communicable diseases and the quarantine of those diseases, and regarding callings that a person with venereal disease may not engage, shall apply. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  3. 120675.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Prenatal Syphilis Tests [120675 - 120715] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines “approved laboratory” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Prenatal Syphilis Tests [120675 - 120715] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120675. “Approved laboratory” as used in this chapter means a laboratory approved by the department, or any other laboratory whose director is licensed by the department according to law. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  4. 120680.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Prenatal Syphilis Tests [120675 - 120715] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    “Standard laboratory blood test” means a syphilis test approved by the department.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Prenatal Syphilis Tests [120675 - 120715] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120680. “Standard laboratory blood test” as used in this chapter means a test for syphilis approved by the department. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  5. 120685.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Prenatal Syphilis Tests [120675 - 120715] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Licensed health care professionals providing prenatal care or attending a delivery must provide syphilis screening and testing using the State Department of Public Health’s most recent guidelines.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Prenatal Syphilis Tests [120675 - 120715] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120685. (a) Every licensed health care professional engaged in providing prenatal care or attending a birthing patient at the time of delivery, shall provide syphilis screening and testing as outlined in the most recent guidelines published by the State Department of Public Health. (b) This section does not limit a local health jurisdiction’s ability to provide additional recommendations or guidelines for syphilis screening and testing, nor does it limit the ability of a health care professional to follow other existing clinical guidelines for syphilis screening and testing recommendations, including guidelines issued by local health authorities, as long as, at minimum, the health care professional complies with subdivision (a). (Amended by Stats. 2021, Ch. 486, Sec. 5. (SB 306) Effective January 1, 2022.)
  6. 120690.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Prenatal Syphilis Tests [120675 - 120715] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The blood specimen obtained under this section must be sent to an approved laboratory for a standard syphilis test.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Prenatal Syphilis Tests [120675 - 120715] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120690. The blood specimen thus obtained shall be submitted to an approved laboratory for a standard laboratory test for syphilis. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  7. 120695.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Prenatal Syphilis Tests [120675 - 120715] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A physician submitting a specimen to a laboratory must label it as a prenatal test or a test following recent delivery.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Prenatal Syphilis Tests [120675 - 120715] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120695. In submitting a specimen to a laboratory the physician shall designate it as a prenatal test or a test following recent delivery. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  8. 1207.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    The state department must inspect and license clinics, and it must inspect and approve clinics before they offer special services.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1207. The state department shall inspect and license clinics, and shall inspect and approve clinics to offer special services. (Added by Stats. 1978, Ch. 1147.)
  9. 120700.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Prenatal Syphilis Tests [120675 - 120715] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Laboratories must send required laboratory reports to the department, and a health officer may destroy retained copies after two years.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Prenatal Syphilis Tests [120675 - 120715] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120700. The laboratory shall submit the laboratory reports of records to the department as are required by regulation of the department. The health officer may destroy any copies of reports that have been retained by him or her pursuant to this section for a period of two years. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  10. 120705.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Prenatal Syphilis Tests [120675 - 120715] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Laboratory reports are confidential and not open to public inspection.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Prenatal Syphilis Tests [120675 - 120715] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120705. All laboratory reports are confidential, and are not open to public inspection. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  11. 120710.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Prenatal Syphilis Tests [120675 - 120715] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If there is a question about the accuracy of a test required by this chapter, the department must accept specimens for checking purposes from any district in the state.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Prenatal Syphilis Tests [120675 - 120715] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120710. In case of question concerning the accuracy of a test required by this chapter, it is mandatory upon the department to accept specimens for checking purposes from any district in the state. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  12. 120715.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Prenatal Syphilis Tests [120675 - 120715] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A covered physician, attendant, or laboratory representative who violates this chapter is guilty of a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. Prenatal Syphilis Tests [120675 - 120715] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120715. Any licensed physician and surgeon, or other person engaged in attendance upon a pregnant woman or a recently delivered woman, or any representative of a laboratory who violates any provision of this chapter, is guilty of a misdemeanor. However, a licensed physician and surgeon, or other person engaged in attendance upon a pregnant or recently delivered woman, whose request for a specimen is refused, is not guilty of a misdemeanor for failure to obtain it. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  13. 120750.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Information on Venereal Disease Materials [120750- 120750.] ( Heading of Chapter 3 amended by Stats. 1996, Ch. 1023, Sec. 350.7. )

    Verify source ↗

    The department must prepare posters and leaflets about venereal disease and make them available to the California State Board of Pharmacy for distribution.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 3. SEXUALLY TRANSMITTED DISEASE [120500 - 120750] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Information on Venereal Disease Materials [120750- 120750.] ( Heading of Chapter 3 amended by Stats. 1996, Ch. 1023, Sec. 350.7. ) ## 120750. The department shall develop and prepare posters and leaflets that inform the public of venereal disease and make the posters and leaflets available to the California State Board of Pharmacy for distribution. The department may determine the size, shape, and materials of the posters and leaflets so as to adequately fulfill the purposes of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  14. 120775.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Definitions [120775- 120775.] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines “AIDS,” “HIV,” and “HIV test” for the code.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Definitions [120775- 120775.] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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) “HIV test” means any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  15. 120780.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. State HIV Prevention and Education Funds [120780 - 120780.5] ( Chapter 1.5 added by Stats. 2007, Ch. 707, Sec. 2. )

    Verify source ↗

    This section defines “public entity” for this chapter to include the state and local public bodies.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. State HIV Prevention and Education Funds [120780 - 120780.5] ( Chapter 1.5 added by Stats. 2007, Ch. 707, Sec. 2. ) ## 120780. For purposes of this chapter, “public entity” includes the state, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state. (Added by Stats. 2007, Ch. 707, Sec. 2. Effective January 1, 2008.)
  16. 120780.1.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. State HIV Prevention and Education Funds [120780 - 120780.5] ( Chapter 1.5 added by Stats. 2007, Ch. 707, Sec. 2. )

    Verify source ↗

    A public entity receiving HIV-prevention General Fund money may use it for clean needle and syringe exchange programs, including buying sterile needles and syringes, only if specified conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. State HIV Prevention and Education Funds [120780 - 120780.5] ( Chapter 1.5 added by Stats. 2007, Ch. 707, Sec. 2. ) ## 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 clean needle and syringe exchange programs authorized pursuant to existing law. The money may be used for, but is not limited to, the purchase of sterile hypodermic needles and syringes as part of a clean needle and syringe exchange program only if all of the following conditions are met: (a) The General Fund money used for purchasing the sterile hypodermic needles and syringes does not supplant any other public or private funds or other resources for this purpose. (b) The amount of the General Fund money used for purchasing the sterile hypodermic needles and syringes does not exceed 7.5 percent of the total amount of the General Fund money received by the public entity for HIV prevention and education. (c) Each dollar of General Fund money used for purchasing the sterile hypodermic needles and syringes is matched by forty-three cents ($0.43) of moneys from nonstate public funds or private funds. (d) The allocation of General Fund money for the purchase of sterile hypodermic needles and syringes is based upon epidemiological data as reported by the health jurisdiction in its local HIV prevention plan submitted to the Office of AIDS within the department. (Added by Stats. 2007, Ch. 707, Sec. 2. Effective January 1, 2008.)
  17. 120780.2.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. State HIV Prevention and Education Funds [120780 - 120780.5] ( Chapter 1.5 added by Stats. 2007, Ch. 707, Sec. 2. )

    Verify source ↗

    The State Department of Public Health may buy sterile needles, syringes, and other supplies to distribute to authorized syringe exchange programs.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. State HIV Prevention and Education Funds [120780 - 120780.5] ( Chapter 1.5 added by Stats. 2007, Ch. 707, Sec. 2. ) ## 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 sterile hypodermic needles and syringes, and other supplies, for distribution to syringe exchange programs authorized pursuant to law and support any costs associated with distribution of supplies. Supplies provided to programs, including those administered by local health departments, are not subject to the formulas and limits of Section 120780.1. (Amended by Stats. 2021, Ch. 143, Sec. 22. (AB 133) Effective July 27, 2021.)
  18. 120780.5.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. State HIV Prevention and Education Funds [120780 - 120780.5] ( Chapter 1.5 added by Stats. 2007, Ch. 707, Sec. 2. )

    Verify source ↗

    The State Department of Public Health must competitively award HIV prevention funding, if the Budget Act specifically appropriates money for this section.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1.5. State HIV Prevention and Education Funds [120780 - 120780.5] ( Chapter 1.5 added by Stats. 2007, Ch. 707, Sec. 2. ) ## 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 organizations or local health jurisdictions to provide comprehensive HIV prevention and control activities for the most vulnerable and underserved individuals living with, or at high risk for, HIV infection. Applicants may include individual community-based organizations and local health jurisdictions, as well as collaborations between community-based organizations and local health jurisdictions. (b) Entities located in any county are eligible to receive grant funding. (c) Comprehensive HIV prevention and control activities may include, but are not limited to, any of the following: (1) HIV testing, including the purchase of HIV test kits. (2) Linkage to and retention in care for people living with HIV. (3) Pre-exposure prophylaxis (PrEP)-related and post-exposure prophylaxis (PEP)-related activities. (4) Syringe services programs. (d) The department shall determine the funding levels of each award based on scope and geographic area. Priority for grants shall be given to community-based organizations or local health jurisdictions that, through their applications, demonstrate expertise, history, and credibility at working successfully in engaging the most vulnerable and underserved individuals living with, or at high risk for, HIV infection. (e) Funds shall be allocated in a manner that balances the need to spread funding to as many local health jurisdictions and community-based organizations as possible and the need to provide meaningful activities to each recipient. Not less than 50 percent of the funds allocated shall be provided to community-based organizations, for purposes consistent with this section. (f) The department shall determine the application process, selection criteria, and any reporting requirements for the grant, consistent with this section. (g) The department shall develop measures for each local health jurisdiction and community-based organization funded pursuant to this section to demonstrate accountability. (h) This section shall be operative only if funds are explicitly appropriated in the annual Budget Act specifically for purposes of this section. (Added by Stats. 2019, Ch. 38, Sec. 22. (SB 78) Effective June 27, 2019. Section conditionally operative by its own provisions.)
  19. 1208.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    The state department may provide consulting services to any clinic when requested.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1208. The state department may provide consulting services upon request to any clinic to assist in the identification or correction of deficiencies or the upgrading of the quality of care provided by the clinic. (Added by Stats. 1978, Ch. 1147.)
  20. 12080.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    No person may sell, give away, or transport an explosive unless it has been classified under Section 12000. The State Fire Marshal may authorize transport of unclassified explosives if the stated conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. ) ## 12080. (a) No person shall sell, give away, or transport any explosive which has not been classified as provided in Section 12000. (b) The State Fire Marshal, upon receiving an application from any interested party, with the concurrence of the chief in the area affected, and if he determines that such action may be taken without jeopardizing the public welfare and safety, may authorize the transportation of unclassified explosives provided all other provisions of this part are met. (Added by Stats. 1967, Ch. 1497.)
  21. 120800.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section states the Legislature’s goals for the AIDS program chapter, including funding education, care, research, prevention, and related community coordination efforts.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 demonstrate the value of noninstitutional health care services such as hospice, home health, and attendant care in controlling costs and providing humane care to people with AIDS and AIDS-related conditions. (c) To fund clinical research. (d) To fund the development of an AIDS Mental Health Project. (e) To fund specified needs assessments, studies, and program evaluations. (f) To authorize the use of funds appropriated by Section 6 of Chapter 23 of the Statutes of 1985 for preventive education for individuals who are seropositive as a result of antibody testing. (g) To promote broad-based support for AIDS programs by encouraging community level networking and coordination of efforts among private sector, nonprofit, and public service agencies as well as health care professionals and providers of essential services. (h) To promote an aggressive community-based HIV infection prevention program in all communities and areas where behaviors and prevalence indicate high risk of HIV infection, and to encourage local programs to involve racial and ethnic minorities in a leading role to plan the development, implementation, and evaluation of preventive education, HIV testing, delivery of care, and research activities that are necessary to the formation of a comprehensive, community-based, culturally sensitive HIV infection prevention strategy. (i) To promote education of health care practitioners concerning new clinical manifestations of HIV, particularly among women and children. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  22. 120805.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must carry out a list of AIDS program activities, and the director must contract for a two-year study.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 counties pursuant to Section 120895, for preventive education for individuals who are seropositive as a result of antibody testing. (2) Issue contracts to evaluate the effectiveness of the AIDS information and education program conducted by the department. (3) Issue contracts for development and implementation of pilot programs of professional education and training for hospital, home health agency, and attendant care workers. (4) Issue contracts for the development and implementation of pilot programs to reduce the spread of AIDS through residential detoxification and outpatient detoxification and treatment services for intravenous drug users with AIDS or AIDS-related conditions. (5) Monitor state and federal AIDS-related budget and policy development, and coordinate budget items to ensure that funding for matters related to AIDS is adequate and complete within the department each fiscal year. (6) Develop and maintain an information clearinghouse within the department including periodic updates or releases to inform health professionals or community organizations providing services to people with AIDS or AIDS-related conditions of the status of current or new clinical drug trials. These updates shall be compiled through review of scientific journals and in conjunction with the UC AIDS Task Force and researchers conducting clinical drug trials in California. (7) Review, edit, and input summaries from scientific journals into the Computerized AIDS Information Network (CAIN), and do outreach about CAIN availability to health professionals. (8) Develop and conduct a needs assessment of the availability of supportive services for people with AIDS or AIDS-related conditions. The needs assessment shall be conducted in conjunction with the state’s AIDS education contractors and with any public or private agencies providing services to people with AIDS or AIDS-related conditions. (9) Promote information and education programs for the general public to correct misinformation about AIDS. This shall include, but need not be limited to, periodic press releases to the printed and broadcast media and public service announcements. (10) Establish, with the assistance of other state agencies as the department deems appropriate, centralized translation services to facilitate development of multilanguage, culturally relevant educational materials on HIV infection. (11) Include, to the extent feasible, in its HIV surveillance and reporting practices, a breakdown of the major Asian-Pacific Islander subgroup populations. This breakdown shall be reflected in the surveillance and morbidity statistics issued by the director pursuant to Section 120825. (12) Include, to the extent feasible with existing resources, in its HIV surveillance and reporting practices, information concerning newly identified clinical manifestations of HIV infection and available resources for health care practitioners to seek diagnostic and treatment information. (b) The director shall contract for a prospective two-year study to accomplish the following objectives: (1) Determine the medical costs of AIDS, comparing inpatient care, outpatient care, physician services, and community support services. (2) The study shall include cost factors in the review of inpatient costs that may not be apparent in the analysis of charges, such as private rooms and social work. (c) Notwithstanding Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code, if the director determines that it is in the best interest of the state to enter into a contract for the purposes specified below without competitive bids, then the state director may, during the 1985–86 fiscal year, enter into a sole source contract for all of the following: (1) Educational program evaluation. (2) Education of hospital, home health agency, and attendant care workers. (3) Drug education and treatment programs. (4) The cost-of-care study. (Amended by Stats. 2001, Ch. 745, Sec. 152. Effective October 12, 2001.)
  23. 12081.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    The State Fire Marshal must adopt reasonable regulations for explosives, and local governments may not enforce inconsistent ordinances or regulations.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. ) ## 12081. Except as limited by Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code and Section 18930, the State Fire Marshal shall prepare and adopt, in accordance with Chapter 3.5 (commencing at Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, reasonable regulations that are not in conflict with this part, relating to the sale, use, handling, possession, and storage of explosives. The building standards adopted and submitted for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 and the other regulations adopted by the State Fire Marshal shall do all of the following: (a) Make reasonable allowances for storage facilities in existence when the regulations become effective. No allowance, however, shall be made for storage facilities which constitute a distinct hazard to life and property, nor shall any allowance be made for storage facilities wherein proper safeguards for the control and security of explosives cannot be maintained. (b) Be based on performance standards wherever possible. (c) Make reasonable allowances for the storage of gunpowder for commercial and private use. No allowance, however, shall be made for storage facilities which constitute a distinct hazard to life and property, nor shall any allowance be made for storage facilities wherein proper safeguards for the control and security of explosives cannot be maintained. (d) Set uniform requirements for the use and handling of explosives that would apply statewide. (e) The building standards published in the California Building Standards Code relating to storage of explosives and the other regulations adopted by the State Fire Marshal pursuant to this section shall apply uniformly throughout the state, and no city, county, city and county, or other political subdivision of this state, including, but not limited to, a chartered city, county, or city and county, shall adopt or enforce any ordinance or regulation that is inconsistent with this section. (f) In making the regulations, the State Fire Marshal shall consider as evidence of generally accepted safety standards the publications of the National Fire Protection Association, the United States Bureau of Mines, the United States Department of Defense, and the Institute of Makers of Explosives. (g) The regulations shall establish standards relating to the size, form, contents, and location of caution placards to be placed on or near storage facilities for division 1.1, 1.2, and 1.3 explosives as set forth in Article 77 of the Uniform Fire Code of the International Conference of Building Officials and the Western Fire Chiefs Association, Inc. or similar standards that are consistent with the United States Department of Transportation classifications, or for any explosives as defined in Section 841 of Title 18 of the United States Code and published pursuant to Section 555.23 of Title 27 of the Code of Federal Regulations. (Amended by Stats. 2004, Ch. 247, Sec. 6. Effective August 23, 2004.)
  24. 120815.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department may provide supplemental funding to certain residential AIDS shelters and licensed residential care facilities, and eligible shelters may receive the full grant amount if they are licensed before the grant period ends.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 to residential care facilities for persons with a chronic, life-threatening illness, that are licensed in accordance with Chapter 3.01 (commencing with Section 1568.01) of Division 2. (b) A residential AIDS shelter that receives a supplemental grant and subsequently is licensed as a residential care facility for persons with a chronic, life-threatening illness prior to the end of the grant period shall be entitled to the full amount of the supplemental grant. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  25. 12082.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    Explosives cannot be sold, furnished, or given away to anyone under 21, and such a person cannot obtain a permit to receive explosives under this part.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. ) ## 12082. No explosives shall be sold, furnished, or given away to any person under 21 years of age, whether such person is acting for himself or for another person, nor shall any such person be eligible to obtain any permit to receive explosives governed by the provisions of this part. The reference to “under 21 years of age” in this section is unaffected by Section 1 of Chapter 1748 of the Statutes of 1971 or any other provision of that chapter. (Amended by Stats. 1972, Ch. 1011.)
  26. 120820.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Certain personal data from investigations and reports must be kept confidential, with exceptions in Sections 1603.1 and 1603.3.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120820. (a) Personal data in any investigations, reports, and information relating thereto shall be kept confidential and be afforded protections provided by Section 100330, except as provided by Section 1603.1 or 1603.3. (b) If patient-identifying information is subpoenaed from the department, the department shall seek and the court shall issue a protective order keeping this information confidential. The court order may require production, but limit the use and disclosure of, records, require production with names and identifying information deleted, provide sanctions for misuse of records or set forth other methods for assuring confidentiality. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  27. 120825.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The director must report to the Legislature on certain contract, block grant, and needs-assessment information, and must issue a monthly public information release about AIDS-related updates and programs.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 conducted by the department. (b) Issue once each month a public information release to the state contractors, local health departments, medical societies or organizations, nursing associations, hospital and hospital administrator associations, blood banks or centers, hemophilia associations and treatment centers, lesbian and gay health organizations, media outlets or community organizations, and other interested organizations or individuals, and the news media identifying research breakthroughs, new treatment protocols, infection control updates, surveillance and morbidity statistics, and other current and up-to-date information regarding AIDS education, treatment, or patient service programs. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  28. 12083.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    Most people are forbidden from entering an explosive manufacturing plant, magazine, or vehicle containing explosives, except the chief, the owner, a person authorized by the owner, or the owner’s agent.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. ) ## 12083. With the exception of the chief, the owner, a person authorized to enter by the owner, or the owner’s agent, no person shall enter any explosive manufacturing plant, magazine, or vehicle containing explosives. (Added by Stats. 1967, Ch. 1497.)
  29. 120830.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section sets up block grant pilot projects for AIDS-related home health, attendant, or hospice care and requires contractors to report, limit overhead, and provide specified services.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 described in this section. (b) The state director shall designate the contractors and the amounts that contractors will receive for the block grant direct service demonstration projects. (c) An amount of not more than 10 percent of the grant may be retained by contractors for administrative overhead. Contractors accepting block grant funds shall compile comparative cost data reports for transmission to the department and the Legislature. Reports shall be made semiannually until the conclusion of the project. (d) Contractors receiving direct service block grants shall: (1) Encourage broad-based community involvement and support for AIDS programs and involve charitable, other nonprofit, and other agencies as well as health care professionals as providers of essential services. (2) Ensure the proposed services are not duplicated in the community and are based on the needs of people with AIDS or AIDS-related conditions, at-risk communities, their families, or others affected by AIDS. (3) Make maximum use of other federal, state, and local funds and programs. (4) Provide services that are culturally and linguistically appropriate to the population served. (e) Counties with existing programs of demonstrated effectiveness in AIDS education or services shall receive equal consideration with other applicants and shall not be penalized when awarding funds pursuant to this chapter with respect to the proposed expansion of their programs. (f) Contractors shall develop a comprehensive service system including, but not limited to, the following essential services, that can be provided either directly by the contractors or indirectly through a referral network arranged by the contractor: (1) Provision for hospice, skilled nursing facility, home health care, and homemaker chore services. (2) Individual consultation and health planning and assessment. (3) Information for people with AIDS or AIDS-related conditions regarding death and dying. (4) Evaluation and referral services for medical care. (5) Referral services for mental health services, as appropriate. (6) Assistance in applying for financial aid or social services that are available and for which clients qualify. The system of essential services developed by a contractor shall offer maximum opportunity for involvement of family, friends, and domestic partners and of nonprofit and charitable organizations in preventing the severe, adverse health and social consequences that result from being diagnosed with AIDS or AIDS-related conditions. (g) The direct service program for provision of essential services shall ensure both of the following: (1) An ongoing quality assurance program. (2) Confidentiality assurances and methods for developing interagency confidentiality agreements. (Amended by Stats. 2006, Ch. 538, Sec. 439. Effective January 1, 2007.)
  30. 120835.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must amend certain pilot projects to cover private health insurance premiums for participants before Medi-Cal eligibility, if it is cost-effective. The director must determine cost-effectiveness, and the Department of Finance must review that determination.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 is cost-effective to the Medi-Cal program or the General Fund, the payment of private health insurance premiums for participants in the pilot projects prior to the participants becoming eligible for Medi-Cal. (b) The director shall make a determination of cost-effectiveness, that shall be reviewed by the Department of Finance. The director may use existing budgeted resources for services provided for pursuant to subdivision (a). (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  31. 12084.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    No person may willfully discharge a firearm within 500 feet of a magazine or an explosive manufacturing plant.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. ) ## 12084. No person shall willfully discharge any firearm within 500 feet of any magazine or any explosive manufacturing plant. (Added by Stats. 1967, Ch. 1497.)
  32. 120840.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The State Department of Health Care Services must establish and coordinate an AIDS mental health project. The director may appoint advisory groups and may enter a sole source contract in 1985–86 if the stated condition is met.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 need not be limited to, the following: (1) The conduct of a statewide needs assessment of AIDS-related mental health issues. (2) The conduct of education and training for mental health professionals throughout the state. (3) The conduct, through the Office of Promotion, of a media campaign on such issues as the use of support groups, the relationship between stress and the immune system, and dealing with grief. (b) The State Department of Health Care Services shall coordinate projects and resources directly with the department. (c) The Director of Health Care Services may appoint advisory groups for this project as needed. (d) Notwithstanding any provision of Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code, if the Director of Health Care Services determines that it is in the best interest of the state to enter into a contract for the purposes specified in this section without competitive bids, then the director may, during the 1985–86 fiscal year, enter into a sole source contract for these purposes. (Amended by Stats. 2012, Ch. 34, Sec. 31. (SB 1009) Effective June 27, 2012.)
  33. 120845.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section requires the director to designate local agency contractors and their funding amounts, and requires contractors to develop a comprehensive service system for AIDS-related substance abuser demonstration programs.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120845. Pilot programs to reduce the spread of AIDS through residential detoxification and outpatient detoxification and treatment services for intravenous drug users, as described in paragraph (4) of subdivision (a) of Section 120805, shall be initiated through local agency operated AIDS-related substance abuser programs. (a) The director shall designate the local agency contractors and the amounts that these contractors will receive for the AIDS-related substance abuser demonstration programs. (b) The contractors shall develop a comprehensive service system including, but not limited to, the following essential services, that can be provided either directly by the contractors or through a referral network arranged by the contractors: (1) Residential detoxification programs for intravenous drug users. (2) Outpatient detoxification programs including health promotion and health assessment for intravenous drug users. (3) AIDS and substance abuse information, consultation and resource referral to providers of services to AIDS patients and to drug treatment providers. (4) Outreach, health promotion, health assessment, consultation and referrals for homeless youth substance abusers. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  34. 120846.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Publicly funded HIV test sites may advise certain previously tested people that they do not need more education, decide on self-administration of required data forms, and provide prevention education in different formats.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 funded HIV test sites shall be permitted to do all of the following: (1) Advise a person who has been tested before and is following appropriate public health risk reduction measures that the person does not need to receive further education services. This paragraph shall not apply to a person who engages in high-risk behaviors and is not following appropriate risk reduction measures. (2) Determine whether a person should be allowed to self-administer any data collection form required by the department. (3) As appropriate, provide prevention education through video, small group, individual interaction, or other methods and in small groups or couples. (Added by Stats. 2008, Ch. 555, Sec. 1. Effective January 1, 2009.)
  35. 12085.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    No person may make, possess, or transport explosives in a way that this part, a local ordinance, or applicable harbor rules prohibit.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. ) ## 12085. No person shall make, possess, or transport any explosive in a manner prohibited by this part or prohibited by any ordinance of a city, county, or city and county, or prohibited by the laws or regulations governing a harbor in those areas where such ordinance, laws, or regulations apply. (Added by Stats. 1967, Ch. 1497.)
  36. 120850.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    $2.3 million is allocated to the University of California for AIDS research, and when spending it the university must solicit and consider proposals from inside and outside the UC system.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 allocated to the University of California for research into AIDS. When expending these funds, the university shall solicit and consider proposals from within the University of California system and from universities and colleges outside the University of California system as well. In the expenditure of these funds, it is the preference of the Legislature that priority be given to viral cultures, clinical trials, and the administrative and laboratory support services necessary to conduct the trials. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  37. 120855.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department may use appropriated funds to pay for home and community-based services for eligible people with AIDS or ARC, and certain Health and Welfare Agency departments must waive regulations and make resources available when needed if federal financial participation is available.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 community-based services to eligible persons with a diagnosis of acquired immune deficiency syndrome (AIDS) or AIDS related conditions (ARC) when the funds are appropriated for that purpose. (b) To the extent that federal financial participation is available, each department within the Health and Welfare Agency, including departments designated as single state agencies for public social services programs, shall waive regulations and general policies and make resources available when necessary for the provision of home and community-based care services to eligible persons with a diagnosis of AIDS or ARC. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  38. 12086.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    If explosives are stolen or lost, the person in control must immediately report it to local police or the county sheriff, and they must immediately forward the report to the state bureau in Sacramento.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. ) ## 12086. Any theft or loss of explosives, whether from a storage magazine, a vehicle in which they are being transported, or from a site on which they are being used, or from any other location, shall immediately be reported by the person having control of such explosives to the local police or county sheriff. The local police or county sheriff shall immediately transmit a report of such theft or loss of explosives to the State Bureau of Criminal Identification and Investigation at Sacramento. (Amended by Stats. 1970, Ch. 1425.)
  39. 120860.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must coordinate with the State Department of Health Care Services to develop an AIDS prevention, education, testing, and counseling plan for women and children, and must include education materials and training for service providers.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 immune deficiency syndrome (AIDS) primary prevention, health education, testing, and counseling, specifically designed for women and children, that shall be integrated, as the department deems appropriate, into the following programs: (1) The California Childrens Services Program provided for pursuant to Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of Division 106. (2) Programs under the Maternal and Child Health Branch of the department. (3) The Child Health Disability Prevention Program provided for pursuant to Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106. (4) The Genetic Disease Program, provided for pursuant to Sections 125000 and 125005. (5) The Family Planning Programs, provided for pursuant to Chapter 8.5 (commencing with Section 14500) of Part 3 of Division 9 of the Welfare and Institutions Code. (6) The Rural and Community Health Clinics Program. (7) The County Health Services Program, provided for pursuant to Part 4.5 (commencing with Section 16700) of Division 9 of the Welfare and Institutions Code. (8) The Sexually Transmitted Disease Program. (9) Substance use disorder programs administered by the State Department of Health Care Services. (b) The AIDS-related services that shall be addressed in the plan specified in this section shall include, but not be limited to, all of the following: (1) A variety of educational materials that are appropriate to the cultural background and educational level of the program clientele. (2) The availability of confidential HIV antibody testing and counseling either onsite or by referral. (c) Pursuant to subdivision (a), the plan shall include a method to provide the educational materials specified in subdivision (b) and appropriate AIDS-related training programs for those persons who provide direct services to women and children receiving services under the programs specified in this section. (d) In order that the AIDS-related services plan provided through the programs specified in this section be as effective as possible, the department shall ensure that the educational materials and training programs provided for each program specified in subdivision (a) are developed in coordination with, and with input from, each of the respective programs. (e) Nothing in this section shall preclude the department from incorporating the plan requirements into the department’s annual state AIDS plan, or any other reporting document relating to AIDS deemed appropriate by the department. (Amended by Stats. 2013, Ch. 22, Sec. 70. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
  40. 12087.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    A person must not abandon or dispose of explosives in a way that could endanger life or property. When explosives are no longer needed, they must be returned, sent to an issuing authority, or destroyed safely; related storage magazines or warning signs must also be removed or obliterated, and the issuing authority must be notified immediately.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. ) ## 12087. No person shall abandon or otherwise dispose of any explosives in any manner which might, as the result of such abandonment or disposal, create any danger or threat of danger to life or property. Any person in possession or control of explosives required in the performance of his duties shall, when the need for such explosives no longer exists, either return the explosives to the source from which the explosives were obtained, or to an appropriate issuing authority for disposal or shall destroy the explosives in a safe manner so as not to make them available to persons who might obtain them and use them in a manner prejudicial to the safety of life and property. Magazines or temporary magazines used for storage purposes in any area where blasting is required shall, when the need for such storage no longer exists and the explosives have been removed or disposed of as above required, be removed or demolished, or signs, indicating the presence of explosives in such magazines or on the premises on which such magazines are located, shall be removed or effectively obliterated, and the issuing authority who issued the storage permit shall be immediately notified of the action taken. (Amended by Stats. 1970, Ch. 1425.)
  41. 120870.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Sellers of alkyl nitrites must post a specified warning sign at the point of sale.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 follows: “Warning: These products contain alkyl nitrites (‛poppers’). Inhaling or swallowing alkyl nitrites may be harmful to your health. The use of alkyl nitrites may affect the immune system. Several studies have suggested that their use is associated with the development of Kaposi’s sarcoma (an AIDS condition).” (b) The signs required by subdivision (a) shall be furnished by the manufacturers or distributors of alkyl nitrites in California in sufficient quantity with the shipments of alkyl nitrites to allow posting at all points of sale. (c) “Point of sale” for purposes of this section is that place within close proximity of the shelves or other area where the alkyl nitrites are displayed for consumer purchase. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  42. 120871.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must authorize statewide training programs for counselors for publicly funded HIV testing programs, and participating organizations must follow department-approved curriculum rules and pay the program costs.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800 - 120871] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120871. (a) The department shall authorize the establishment of training programs throughout the state for counselors for publicly funded HIV testing programs. These training programs shall be conducted by community-based, nonprofit organizations with demonstrated expertise in providing free, anonymous, or confidential HIV testing services. The programs may be offered at flexible times, so as to facilitate the training of volunteer and part-time counselors. (b) All participating community-based organizations shall follow curriculum content and design approved by the department for training programs administered pursuant to this section. (c) All counselors trained in programs authorized by this section shall be subject to existing state and local testing and successful completion of training. (d) All costs associated with training programs administered pursuant to this section shall be absorbed by participating community-based organizations. This section shall not be construed to require or prohibit the funding of any training program administered pursuant to this section by the department, or by any local government administering a training program for HIV counselors. (e) This section shall not be construed to prohibit or otherwise restrict community-based organizations from participating in existing local training programs. (Added by Stats. 2002, Ch. 273, Sec. 1. Effective January 1, 2003.)
  43. 120875.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Acquired Immune Deficiency Syndrome (AIDS) Information [120875 - 120895] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The State Department of Education must give school districts AIDS and Hepatitis B information and update it at least yearly, with more frequent updates if new information appears.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Acquired Immune Deficiency Syndrome (AIDS) Information [120875 - 120895] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120875. The State Department of Education shall provide information to school districts on acquired immune deficiency syndrome (AIDS), on AIDS-related conditions, and on Hepatitis B. This information shall include, but not be limited to, any appropriate methods school employees may employ to prevent exposure to AIDS and Hepatitis B, including information concerning the availability of a vaccine to prevent contraction of Hepatitis B, and that the cost of vaccination may be covered by the health plan benefits of the employees. This information shall be compiled and updated annually, or if there is new information, more frequently, by the State Department of Education in conjunction with the department and in consultation with the California Conference of Local Health Officers. In order to reduce costs, this information may be included as an insert with other regular mailings to the extent practicable, and the information required to be provided on Hepatitis B shall be provided in conjunction with the information required to be provided on AIDS. (Amended by Stats. 2006, Ch. 538, Sec. 440. Effective January 1, 2007.)
  44. 12088.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    Explosive packages must be plainly marked on the outside when delivered for transportation, and no one may send an explosive to a carrier using false or deceptive markings or declarations.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. ) ## 12088. The contents of a package containing explosives shall be plainly marked on the outside of the package at the time the package is delivered for transportation. It is unlawful for any person to deliver, or cause to be delivered, to any carrier for transportation any explosive under any false or deceptive marking, description, invoice, shipping order, or other declaration. (Added by Stats. 1967, Ch. 1497.)
  45. 120880.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Acquired Immune Deficiency Syndrome (AIDS) Information [120875 - 120895] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    School districts must tell their employees, at least annually and more often if there is new information, about the information compiled by the State Department of Education under Section 120875.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Acquired Immune Deficiency Syndrome (AIDS) Information [120875 - 120895] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 Education pursuant to Section 120875. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  46. 120885.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Acquired Immune Deficiency Syndrome (AIDS) Information [120875 - 120895] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The Legislature states that testing for antibodies to the probable cause of AIDS should be provided separately from blood donation to protect public health and safe transfusion blood supplies.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Acquired Immune Deficiency Syndrome (AIDS) Information [120875 - 120895] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 transfusion to provide testing for the presence of antibodies to the probable causative agent of acquired immune deficiency syndrome (AIDS) as a function separate from the donation of blood or blood components. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  47. 12089.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    Most motor vehicles transporting explosives must display signs that match U.S. Department of Transportation regulations, unless they are transporting explosives received under Section 12102.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. ) ## 12089. Except when transporting explosives received under Section 12102 of this code, every motor vehicle used in the transportation of explosives and which is subject to this part, shall have displayed thereon, signs conforming to the regulations of the United States Department of Transportation. (Amended by Stats. 1968, Ch. 662.)
  48. 120890.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Acquired Immune Deficiency Syndrome (AIDS) Information [120875 - 120895] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The director must designate counties to establish alternative testing sites, and those sites must operate within available funds and under specified supervision or licensing conditions.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Acquired Immune Deficiency Syndrome (AIDS) Information [120875 - 120895] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 establish alternative testing sites, within the funds available, pursuant to this section and Sections 120885 and 120895. When designating a county pursuant to this section, the director may consider whether the county contains a permanent operational blood bank. All alternative test sites, established pursuant to this section and Sections 120885 and 120895, shall be under the supervision of a physician and surgeon or be a clinic or health facility licensed by the department. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  49. 120895.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Acquired Immune Deficiency Syndrome (AIDS) Information [120875 - 120895] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Counties designated by the director must provide anonymous, free, accessible HIV testing and related referral services, and certain officials must follow notice, reporting, and reimbursement rules.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 3. Acquired Immune Deficiency Syndrome (AIDS) Information [120875 - 120895] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 be made available by the county on an anonymous basis through use of a coded system with no linking of individual identity with the test request or results. The number and location of sites in each county designated by the director shall be approved by the director. The test shall be made available by the county either directly or by contract with a physician and surgeon or with any clinic or health facility licensed by the department. Neither the county nor anyone else administering the test described in this section and Sections 120885 and 120890, shall ask for the name, social security number, or any other information that could reveal the identity of the individual who takes the test. Each alternative test site shall make available confidential information and referral services, within the funds available, to individuals who seek testing. A county may subcontract with individuals or entities to provide information and referral services. All alternative test sites shall provide a referral list of physicians and surgeons or clinics knowledgeable about AIDS, to all persons who have any known risk factor for AIDS, especially those who have a reactive antibody test, for further information and explanation of the test results and for medical evaluation. At a minimum, individuals seeking testing shall be informed about the validity and accuracy of the antibody test before the test is performed. All testing site personnel shall be required to attest to having provided the above information. Furthermore, all individuals who are tested at the sites established by this section and Sections 120885 and 120890 shall be given the results of this test in person. All sites providing antibody testing pursuant to this section and Sections 120885 and 120890 shall have a protocol for referral for 24-hour inpatient and mental health services. All individuals awaiting test results and all persons to whom results are reported shall be informed of available crisis services and shall be directly referred, if necessary. Each county, designated by the director, shall be required to submit a plan to the department within 45 days after the effective date of this section that details where testing and pretest and posttest information and referral will be provided and the qualifications of the staff who will be performing the services required by this section and Sections 120885 and 120890. The department shall make training available, especially to smaller counties. (b) The department shall establish a reimbursement process for counties within 30 days after the effective date of this section for the following services: (1) Informing test applicants on the test’s reliability and validity. (2) Administration of tests, analysis of test samples, and costs associated with the laboratory work required by this antibody test. (3) Short-term information and referral sessions, of no more than one visit per person tested for the purpose of transmitting the person’s test results and, as requested, for referral to available followup services. The department shall establish the amounts to be reimbursed for each of these services, but the amounts shall be established at a level to ensure that the purposes of this section and Sections 120885 and 120890 are carried out. Reimbursements shall be made for each service provided. (c) The department may replace the test for the antibody to the probable causative agent for AIDS with another type of HIV test, as the department deems appropriate. (d) The director may grant a waiver to a county from the requirements of this section and Sections 120885 and 120890 if the county petitions the director for the waiver and the director determines that the waiver is consistent with the purposes of this section and Sections 120885 and 120890. (e) A participating county or the department may accept grants, donations, and in-kind services for purposes of carrying out this section and Sections 120885 and 120890. (Amended by Stats. 2006, Ch. 20, Sec. 2. Effective April 17, 2006.)
  50. 1209.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    This section says the chapter does not authorize unlicensed people or most corporations to provide advice, services, or treatment, or to practice certain healing professions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1209. This chapter does not authorize any person other than a licensed practitioner of a healing art, or any corporation except charitable or professional corporations as expressly provided in this chapter, to furnish to any person any advice, services, or treatment within the scope of such professional licensure. This chapter does not authorize any person, other than a licentiate of a healing art acting within the scope of his or her license, to engage directly or indirectly in the practice of medicine and surgery, dentistry, optometry, podiatry, psychology, or pharmacy. This chapter does not regulate, govern, or affect in any manner the practice of medicine and surgery, pharmacy, dentistry, optometry, chiropractic, podiatry, psychology, or drugless healing by any person duly licensed to engage in such practice. (Amended by Stats. 1980, Ch. 1315.)
  51. 12090.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    Explosives cargo must not include certain flammable, corrosive, oxidizing, or combustible materials, and blasting caps or detonators must not be carried on the same vehicle with other explosives, except where federal transportation regulations allow.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. ) ## 12090. There shall not be included in any cargo of explosives any flammable or combustible liquids, acids, or corrosive liquids, oxidizers, or combustible materials, other than the explosives themselves, which may have such characteristics. Blasting caps or detonators shall not be transported upon the same vehicle with other explosives. The foregoing provisions of this section shall be subject to such exceptions as are permitted by the regulations of the United States Department of Transportation. (Amended by Stats. 1978, Ch. 868.)
  52. 120900.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Acquired Immune Deficiency Syndrome (AIDS) Early Intervention Projects [120900 - 120920] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The director must award contracts to HIV early intervention projects, and funded projects must provide specified services.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Acquired Immune Deficiency Syndrome (AIDS) Early Intervention Projects [120900 - 120920] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 intervention projects shall be to provide appropriate medical treatment to prevent or delay the progression of disease that results from HIV infection, to coordinate services available to HIV infected persons, and to provide information and education, including behavior change support, to HIV infected persons to prevent the spread of HIV infection to others. The director shall award contracts to early intervention projects from a variety of geographical areas. In selecting projects, the director shall ensure that each early intervention project will respond to the needs of its projected service area, will be sensitive to linguistic, ethnic, and cultural differences, and will accommodate the special needs of clients by taking into account the circumstances that placed them at risk for becoming infected with HIV. The director shall award contracts for early intervention services at a pace that reflects the availability of private, state, and federal reimbursement pursuant to Section 120920. Prior to awarding contracts to new programs, the director shall consider utilizing existing services and programs with which it currently contracts, or that are currently in operation, and that provide HIV-related services. (b) Early intervention projects that are awarded contracts pursuant to this section shall provide all of the following services: (1) Health assessment of HIV infected persons, including, but not limited to, a physical examination and immunologic and clinical monitoring. (2) Health education and behavior change support related to reducing the risk of spreading HIV infection to others and to maximize the healthy and productive lives of HIV infected persons. (3) Psychosocial counseling services. (4) Information and referrals for social services. (5) Information and referrals on available research for the treatment of HIV infection. (6) Covered outpatient preventative or therapeutic health care services related to HIV infection, as determined by the director. (7) Case management. (c) An early intervention project shall establish a core case management team for each client to assess the needs of the client and to develop, implement, and evaluate the client’s written individual service plan. As needed by the client, the individual service plan shall include services specified in subdivision (b), other support services, legal services, public assistance, insurance, and inpatient and outpatient health care services needs of the client. A core case management team shall include, but not be limited to, a physician and surgeon, a physician assistant or nurse practitioner, a health educator, a case manager, and the client. Case management in an early intervention project shall incorporate an interdisciplinary approach. Other professionals, paraprofessionals, and other interested persons deemed appropriate by the members of the core case management team also may be included. The case manager shall coordinate the objectives specified in the client’s individual service plan. The case manager also shall monitor and assist the client through all services provided by the project and shall provide information, guidance, and assistance to the client regarding support services, legal services, public assistance, insurance, and inpatient and outpatient health care services. The project shall designate a sufficient number of case managers to reflect case manager-to-client ratios established by the department. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  53. 120905.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Acquired Immune Deficiency Syndrome (AIDS) Early Intervention Projects [120900 - 120920] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The director must start awarding contracts to projects by July 1, 1990, may choose among listed project models, and applicants must explain how they will coordinate with county health and related HIV-service organizations.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Acquired Immune Deficiency Syndrome (AIDS) Early Intervention Projects [120900 - 120920] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 may select projects from each of the following models: (1) A privately operated profit or nonprofit clinic that is not licensed as part of a health facility and that provides all of the services specified in subdivision (b) of Section 120900. (2) A publicly operated clinic that is not licensed as part of a health facility and that provides all of the services specified in subdivision (b) of Section 120900. (3) A combination of independent privately operated clinics, publicly operated clinics, and other health care providers that in total provide all of the services specified in subdivision (b) of Section 120900. (4) Any other model that the director considers worthy of receiving funds. (b) An applicant for a contract to operate an early intervention project that is not a part of a county health department shall submit its application to the county health department for review and comment. The county health department shall provide comment on the application to the department within a time period to be specified by the department. The failure by a county health department to comment on an application submitted to it within the time period specified by the department shall not jeopardize the application, and the department in a case of this nature may process and award a contract in the absence of comment by the county health department. (c) An applicant for a contract to operate an early intervention project shall indicate in its application how it intends to coordinate with county health department programs, community-based organizations that provide HIV-related services, and other public and private entities that may provide services to a person who is infected with HIV. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  54. 12091.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    Blasting caps or similar primary explosive initiation devices must not be transported on a vehicle with a radio transmitter or similar device that could trigger detonation, unless they have been tested safe by a State Fire Marshal-approved laboratory and the shipping container is labeled with the required information.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. ) ## 12091. Blasting caps or similar primary explosive initiation devices shall not be transported upon any vehicle equipped with a radio transmitter or other device which may cause detonation of such primary initiators unless such blasting caps or similar primary explosive initiation devices have been tested and proved safe for transportation by laboratory approved by the State Fire Marshal and there is affixed to the shipping container of such devices a label which states all of the following: (a) The type of primary explosive initiation devices in the container. (b) That such devices have been tested and proved safe for transportation upon any vehicle equipped with a radio transmitter or other device which may cause detonation of such primary initiators by a laboratory approved by the State Fire Marshal. (Amended by Stats. 1969, Ch. 568.)
  55. 120910.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Acquired Immune Deficiency Syndrome (AIDS) Early Intervention Projects [120900 - 120920] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must collect and review data from early intervention projects and provide data-collection forms to those projects.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Acquired Immune Deficiency Syndrome (AIDS) Early Intervention Projects [120900 - 120920] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120910. (a) The department shall collect data from the early intervention projects, assess the effectiveness of the different models of early intervention projects. (b) The department shall continuously collect data from each early intervention project. The data collected may include, but not be limited to, the following: (1) The total number of clients served. (2) The number of clients utilizing each service provided by the project. (3) Demographics on clients in the aggregate. (4) The source of funding for each type of service provided. (5) The cost of each type of service provided. (6) Medical treatment modalities utilized in the aggregate. (7) Changes in the clinical status of clients in the aggregate. (8) Changes in behaviors that present risks of transmitting HIV infection of the clients in the aggregate. (9) The psychosocial changes of clients in the aggregate. (10) Referrals made by the project. (11) Perceived unmet needs of the clients served by the project. (c) The department shall develop and distribute to each early intervention project forms for data collection that are designed to elicit information necessary for the department to comply with the requirements of subdivision (b). The data may be used by the department to comply with the requirements of subdivision (a). (Amended by Stats. 2012, Ch. 728, Sec. 105. (SB 71) Effective January 1, 2013.)
  56. 120915.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Acquired Immune Deficiency Syndrome (AIDS) Early Intervention Projects [120900 - 120920] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must set reimbursement and fee schedules for HIV early intervention services, and early intervention projects must check private coverage and bill insurers when services are covered.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Acquired Immune Deficiency Syndrome (AIDS) Early Intervention Projects [120900 - 120920] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 for these services shall be commensurate with the costs of providing these services. (b) The department shall develop and disseminate guidelines to assist early intervention projects in identifying appropriate public and private payers of early intervention services. The guidelines shall take into account each client’s access to, and eligibility for, private health insurance and public medical assistance. The guidelines shall include, but not be limited to, the reimbursement schedule established pursuant to subdivision (a) and the elements identified in subdivisions (c) to (h), inclusive. (c) Reimbursement under Sections 120900 to 120920, inclusive, shall not be made for any services that are available to the client under a private health insurance program. Early intervention projects shall inquire of each client as to the client’s coverage by a private health insurance policy. Where a client has a private health insurance policy, the early intervention project shall bill the insurer for those services in subdivision (b) of Section 120900 that are covered by the client’s policy. (d) The department shall develop and implement, or cause to be implemented by an early intervention project, a uniform sliding fee schedule for services provided to individuals under Sections 120900 to 120920, inclusive. The schedule shall be based on the client’s ability to pay. (e) The department may apply for any funds available from the federal government for the reimbursement of those services to be provided by early intervention projects, including, but not limited to, funds available pursuant to Section 2318 of the Public Health Service Act, as added by Public Law 100-607, that provides for the development of model protocols for the clinical care of individuals who are infected with HIV. (f) To the extent permitted under existing law, the Medi-Cal program shall provide reimbursement to early intervention projects for services provided under Sections 120900 to 120920, inclusive, that are covered under the Medi-Cal program. This subdivision shall not be construed to confer Medi-Cal eligibility on any person who does not meet existing Medi-Cal eligibility requirements. (g) The department shall use federal and state general funds that are appropriated for the purpose of purchasing HIV-related drug treatments and related services, to reimburse for covered outpatient preventative or therapeutic health care services, as defined by the director, provided that the client is eligible for a federal or state program that subsidizes the cost of HIV-related drugs and related services. If Assembly Bill 2251 of the 1989–90 Regular Session is enacted, the department shall use the provisions in Chapter 6 (commencing with Section 120950) to implement this subdivision. (h) The department shall use moneys from the General Fund to cover expenses for early intervention services that are not otherwise reimbursed, to the extent that moneys from the General Fund are expressly appropriated to the department for early intervention services. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  57. 120917.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Acquired Immune Deficiency Syndrome (AIDS) Early Intervention Projects [120900 - 120920] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    An HIV counselor may perform certain waived HIV, HCV, or STD tests and related tasks only if training and other listed conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Acquired Immune Deficiency Syndrome (AIDS) Early Intervention Projects [120900 - 120920] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 transmitted disease (STD) test that is classified as waived under the federal Clinical Laboratory Improvement Act (CLIA) (42 U.S.C. Sec. 263a et seq.) if all of the following conditions exist: (A) The performance of the HIV, HCV, or STD test meets the requirements of CLIA and, subject to subparagraph (D), Chapter 3 (commencing with Section 1200) of Division 2 of the Business and Professions Code. (B) The HIV counselor has been trained and demonstrates proficiency in administering the HIV, HCV, or STD test. (C) The HIV counselor demonstrates sufficient knowledge of HIV, HCV, or STDs to provide appropriate counseling and referrals to patients for the test they are performing. (D) Notwithstanding Section 1246 of the Business and Professions Code, an HIV counselor may perform skin punctures for the purpose of withdrawing blood for an HIV, HCV, or STD test, upon specific authorization from a licensed physician and surgeon, provided that the person meets all of the following requirements: (i) The HIV counselor works under the direction of a licensed physician and surgeon. (ii) The HIV counselor has been trained in administering rapid HIV, HCV, or STD tests and in universal infection control precautions, consistent with best infection control practices established by the Division of Occupational Safety and Health in the Department of Industrial Relations and the federal Centers for Disease Control and Prevention. The HIV counselor shall not administer a rapid HIV, HCV, or STD test until they demonstrate proficiency in administering the test. (E) The person performing the HIV, HCV, or STD test meets the requirements for the performance of waived laboratory testing pursuant to subdivision (a) of Section 1206.5 of the Business and Professions Code. For purposes of this subdivision and subdivision (a) of Section 1206.5 of the Business and Professions Code, an HIV counselor who meets the requirements of subdivision (f) shall be “other health care personnel providing direct patient care” as referred to in paragraph (14) of subdivision (a) of Section 1206.5 of the Business and Professions Code. (F) The patient is informed that the preliminary result of the test is indicative of the likelihood of HIV infection, HCV exposure, or other STD exposure and that the result may need to be confirmed by an additional more specific test, or, if approved by the federal Centers for Disease Control and Prevention for that purpose, a second different rapid HIV, HCV, or STD test. This subdivision does not allow an HIV counselor to perform an HIV, HCV, or STD test that is not classified as waived under the CLIA. (2) Notwithstanding Section 1246.5 of the Business and Professions Code, order and report HIV, HCV, or STD test results from tests performed pursuant to paragraph (1) to patients without authorization from a licensed health care professional or the health care professional’s authorized representative. Patients with indeterminate or positive test results from tests performed pursuant to paragraph (1) shall be referred to a licensed health care provider whose scope of practice includes the authority to refer patients for laboratory testing for further evaluation. (b) An HIV counselor who has been certified pursuant to subdivision (b) of Section 120871 prior to September 1, 2009, and who will administer rapid HIV, HCV, or STD skin puncture tests shall obtain training required by clause (ii) of subparagraph (B) of paragraph (1) of subdivision (a) prior to September 1, 2011. The HIV counselor shall not, unless also certified as a limited phlebotomist technician, perform a skin puncture pursuant to this section until after completing the training required by that clause. (c) An HIV counselor who has been certified pursuant to subdivision (f) prior to January 1, 2022, and who will administer rapid STD tests, shall obtain training required by subparagraph (B) of paragraph (1) of subdivision (a). The HIV counselor shall not, unless also certified as a limited phlebotomist technician, perform STD tests pursuant to this section until after completing the training required by that clause. (d) An HIV counselor who meets the requirements of this section with respect to performing any HIV, HCV, or STD test that is classified as waived under the CLIA may not perform any other test unless that person meets the statutory and regulatory requirements for performing that other test. (e) This section does not certify an HIV counselor as a phlebotomy technician or a limited phlebotomy technician, or fulfill any requirements for certification as a phlebotomy technician or a limited phlebotomy technician, unless the HIV counselor has otherwise satisfied the certification requirements imposed pursuant to Section 1246 of the Business and Professions Code. (f) (1) An HIV counselor shall meet one of the following criteria: (A) Is trained by the Office of AIDS and working in an HIV counseling and testing site funded by the department through a local health jurisdiction, or its agents. (B) Is working in an HIV counseling and testing site that meets both of the following criteria: (i) Utilizes HIV counseling staff who are trained by the Office of AIDS or its agents. (ii) Has a quality assurance plan approved by the local health department in the jurisdiction where the site is located and has HIV counseling and testing staff who comply with the quality assurance requirements specified in Section 1230 of Article 1 of Group 9 of Subchapter 1 of Chapter 2 of Division 1 of Title 17 of the California Code of Regulations. (C) Has completed a training course that has been approved by the Office of AIDS. (2) (A) The Office of AIDS or its agents may charge a fee for training HIV counseling staff. (B) The local health department may charge a fee for the quality assurance plan approval. (3) The Office of AIDS may determine which HIV, HCV, and STD tests are to be included in the training for HIV counseling staff. This determination may be modified by the department at any time, in consultation with appropriate local public health stakeholders. Both the establishment and modification of this determination shall be exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2021, Ch. 486, Sec. 6. (SB 306) Effective January 1, 2022.)
  58. 12092.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    A person who violates certain regulations adopted under Sections 12081 or 12151 can be fined up to $1,000 for each violation.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 3. General [12080 - 12092] ( Chapter 3 added by Stats. 1967, Ch. 1497. ) ## 12092. Any person who violates any of the requirements prescribed by regulation adopted pursuant to Section 12081 or 12151 shall be assessed a civil penalty of up to one thousand dollars ($1,000) for each violation. (Added by Stats. 1990, Ch. 734, Sec. 2.)
  59. 120920.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Acquired Immune Deficiency Syndrome (AIDS) Early Intervention Projects [120900 - 120920] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department is expected to include early intervention education in information and education grants for the first grant cycle after these sections were enacted.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 4. Acquired Immune Deficiency Syndrome (AIDS) Early Intervention Projects [120900 - 120920] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 availability of the services and the efficacy of early intervention in prolonging life. This awareness by HIV-infected persons is critical to maximizing the benefits of early intervention. Therefore, it is the intent of the Legislature that the department includes early intervention education as a component of information and education grants in the first grant cycle following enactment of Sections 120900 to 120920, inclusive. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  60. 120925.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Provision of Azidothymidine [120925 - 120935] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The section states legislative findings about AZT and HIV/AIDS subsidy funding, including an intended stop to accepting new enrollees from October 1, 1988.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Provision of Azidothymidine [120925 - 120935] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 from acquired immune deficiency syndrome (AIDS) or AIDS-related conditions, is believed to reduce the infectiousness of a person infected with human immunodeficiency virus (HIV), and is the only drug approved by the federal Food and Drug Administration for treatment of AIDS and AIDS-related conditions. (b) Hundreds of Californians infected with HIV are receiving AZT due to a subsidy for AZT made available by the federal government for low-income people. (c) The department estimates that it will have sufficient federal funds to maintain those enrolling in the program prior to October 1, 1988, through April 1989, if it terminates new enrollees beginning October 1, 1988. (d) The department intends to direct counties to cease accepting new enrollees for the subsidy program beginning October 1, 1988, because of the exhaustion of these federal funds. (e) The federal government has an obligation to continue to support the subsidy program that it has initiated because of the horrendous moral consequences of terminating the access of low-income infected people to the drug. (f) The funding cycle for federal programs precludes appropriating additional funds to maintain this program until June of 1989. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  61. 120930.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Provision of Azidothymidine [120925 - 120935] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The Legislature states that California should continue temporary funding for an AZT access program so people who need the drug but cannot afford it can receive it during this interim period.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Provision of Azidothymidine [120925 - 120935] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 depends on obtaining access to AZT and who are unable to afford it can receive the drug during this interim period. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  62. 120935.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Provision of Azidothymidine [120925 - 120935] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must keep the AZT subsidy program running through June 1989, keep the August 1988 eligibility standards, and allocate appropriated funds to local health jurisdictions; it may also reallocate funds as needed so eligible persons receive the subsidy through that date.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 5. Provision of Azidothymidine [120925 - 120935] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120935. The department shall continue through June 1989, the AZT subsidy program established in 1987 with federal funds. The department shall maintain the eligibility standards used for the program as of August 1988. The department shall allocate to local health jurisdictions the funds appropriated to support the subsidy program. The department may reallocate funds among these local health jurisdictions as needed to ensure that persons requiring the subsidy receive it through June 1989. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  63. 120950.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment [120950 - 120971] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department subsidizes HIV drug costs for certain eligible people, and people who can afford part of the treatment cost are expected to share that cost.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment [120950 - 120971] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120950. The Legislature hereby finds and declares all of the following: (a) State-of-art knowledge regarding treatment of people infected with the human immunodeficiency virus (HIV) indicates that active HIV infection (AIDS) can be a manageable, though chronic, condition with the use of drugs such as zidovudine (AZT), aerosolized pentamidine, and ganciclovir. AIDS experts across the nation agree that early intervention with these drugs can prolong life, minimize the related occurrences of more serious illnesses, reduce more costly treatments, and maximize the HIV-infected person’s vitality and productivity. (b) For reasons of compassion and cost effectiveness, the State of California has a compelling interest in ensuring that its citizens infected with the HIV virus have access to these drugs. (c) The department subsidizes the cost of these drugs for persons who do not have private health coverage, are not eligible for Medi-Cal, or cannot afford to purchase the drug privately. The subsidy program is funded through state and federal sources. (d) Congress is expected to place limitations on the federal subsidy program that will jeopardize access to these life-prolonging drugs for people whose income is higher than federal income eligibility cap but lower than the state’s income eligibility cap. (e) It is critical that suffering persons with limited income have access to life-prolonging drugs. It is also critical that persons currently eligible for the subsidy program remain eligible regardless of changes that may result from the congressional action and the enactment of this chapter. However, it is appropriate that people who can afford to pay a portion of the cost of treatment be obligated to share the cost of these drugs. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  64. 120955.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment [120950 - 120971] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section creates an HIV drug treatment program and gives the director and department powers and duties to run it, set drug lists and reimbursement rates, collect rebates, and issue related emergency regulations.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment [120950 - 120971] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 administer a program to provide drug treatments to persons infected with human immunodeficiency virus (HIV), the etiologic agent of acquired immunodeficiency syndrome (AIDS). If the director makes a formal determination that, in any fiscal year, funds appropriated for the program will be insufficient to provide all of those drug treatments to existing eligible persons for the fiscal year and that a suspension of the implementation of the program is necessary, the director may suspend eligibility determinations and enrollment in the program for the period of time necessary to meet the needs of existing eligible persons in the program. (2) The director, in consultation with the AIDS Drug Assistance Program Medical Advisory Committee, shall develop, maintain, and update as necessary a list of drugs to be provided under this program. The list shall be exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), and shall not be subject to the review and approval of the Office of Administrative Law. (b) The director may grant funds to a county public health department through standard agreements to administer this program in that county. To maximize the recipients’ access to drugs covered by this program, the director shall urge the county health department in counties granted these funds to decentralize distribution of the drugs to the recipients. (c) The director shall establish a rate structure for reimbursement for the cost of each drug included in the program. Rates shall not be less than the actual cost of the drug. However, the director may purchase a listed drug directly from the manufacturer and negotiate the most favorable bulk price for that drug. (d) Manufacturers of the drugs on the list shall pay the department a rebate equal to the rebate that would be applicable to the drug under Section 1927(c) of the federal Social Security Act (42 U.S.C. Sec. 1396r-8(c)) plus an additional rebate to be negotiated by each manufacturer with the department, except that no rebates shall be paid to the department under this section on drugs for which the department has received a rebate under Section 1927(c) of the federal Social Security Act (42 U.S.C. Sec. 1396r-8(c)) or that have been purchased on behalf of county health departments or other eligible entities at discount prices made available under Section 256b of Title 42 of the United States Code. (e) The department shall submit an invoice, not less than two times per year, to each manufacturer for the amount of the rebate required by subdivision (d). (f) Drugs may be removed from the list for failure to pay the rebate required by subdivision (d), unless the department determines that removal of the drug from the list would cause substantial medical hardship to beneficiaries. (g) The department may adopt emergency regulations to implement amendments to this chapter made during the 1997–98 Regular Session, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The initial adoption of emergency regulations shall be deemed to be an emergency and considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, or general welfare. Emergency regulations adopted pursuant to this section shall remain in effect for no more than 180 days. (h) Reimbursement under this chapter shall not be made for any drugs that are available to the recipient under any other private, state, or federal programs, or under any other contractual or legal entitlements, except that the director may authorize an exemption from this subdivision where exemption would represent a cost savings to the state. (i) The department may also subsidize certain cost-sharing requirements for persons otherwise eligible for the AIDS Drug Assistance Program (ADAP) with existing non-ADAP drug coverage by paying for prescription drugs included on the ADAP formulary within the existing ADAP operational structure up to, but not exceeding, the amount of that cost-sharing obligation. This cost sharing may only be applied in circumstances in which the other payer recognizes the ADAP payment as counting toward the individual’s cost-sharing obligation. The department may subsidize, using available federal funds and moneys from the AIDS Drug Assistance Program Rebate Fund, costs associated with a health care service plan or health insurance policy, including medical copayments and deductibles for outpatient care, and premiums to purchase or maintain health insurance coverage. (Amended by Stats. 2017, Ch. 52, Sec. 14. (SB 97) Effective July 10, 2017.)
  65. 120956.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment [120950 - 120971] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Creates the AIDS Drug Assistance Program Rebate Fund and lets the State Department of Public Health use an alternative local fiscal agent if needed.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment [120950 - 120971] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 on drugs purchased through the AIDS Drugs Assistance Program (ADAP) implemented pursuant to this chapter and, notwithstanding Section 16305.7 of the Government Code, interest earned on these moneys shall be deposited in the fund exclusively to cover costs related to any of the following: (1) The purchase of drugs and services provided through ADAP and the HIV prevention programs as described in this chapter and in Sections 120972, 120972.1, and 120972.2. (2) Services related to HIV prevention and care and treatment for individuals living with HIV provided through the programs funded by the Two-Spirit, Transgender, Gender Nonconforming, and Intersex (2TGI) Wellness and Equity Fund as described in Section 150900, to the extent that funds are available for these purposes. (3) State and local public health department disease intervention and investigation activities and services, as determined by the State Department of Public Health, to the extent that funds are available for these purposes, for any of the following purposes: (A) HIV. (B) Sexually transmitted infections. (C) Hepatitis C. (D) Mpox. (E) Other communicable diseases transmitted via sexual or intimate physical contact. (4) To the extent that funding is available, housing support for individuals living with HIV who are eligible for the Housing Opportunities for Persons with AIDS program based on income but are otherwise ineligible for the program, and are current residents of California. (5) To the extent that funding is available, services authorized under Part A or B of the Ryan White HIV/AIDS Program. (6) California Overdose Prevention and Harm Reduction Initiative services and activities, to the extent that funds are available for these purposes. (c) Notwithstanding Section 13340 of the Government Code, moneys in the fund are continuously appropriated without regard to fiscal year to State Department of Public Health and available for expenditure for those purposes specified under this section. (d) The department may, in consultation with the Department of Finance, use an alternative local fiscal agent, if necessary, to implement this section. (Amended by Stats. 2026, Ch. 27, Sec. 39. (SB 164) Effective June 29, 2026.)
  66. 120960.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment [120950 - 120971] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must set uniform financial eligibility standards for HIV treatment drugs. The director may approve drugs for higher-income patients in limited cases, county health departments face a 5% admin-cost cap, and drugs added to the program must be provided within 60 days.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment [120950 - 120971] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120960. (a) The department shall establish uniform standards of financial eligibility for the drugs under the program established under this chapter. (b) Nothing in the financial eligibility standards shall prohibit drugs to an otherwise eligible person whose modified adjusted gross income does not exceed 500 percent of the federal poverty level per year based on family size and household income. However, the director may authorize drugs for persons with incomes higher than 500 percent of the federal poverty level per year based on family size and household income if the estimated cost of those drugs in one year is expected to exceed 20 percent of the person’s modified adjusted gross income. Beginning January 1, 2025, or as soon as technically feasible thereafter, the financial eligibility standard in this section shall increase to 600 percent of the federal poverty level per year based on family size and household income. (c) A county public health department administering this program pursuant to an agreement with the director pursuant to subdivision (b) of Section 120955 shall use no more than 5 percent of total payments that it collects pursuant to this section to cover any administrative costs related to eligibility determinations, reporting requirements, and the collection of payments. (d) A county public health department administering this program pursuant to subdivision (b) of Section 120955 shall provide all drugs added to the program pursuant to subdivision (a) of Section 120955 within 60 days of the action of the director. (e) For purposes of this section, the following terms shall have the following meanings: (1) “Family size” has the meaning given to that term in Section 36B(d)(1) of the Internal Revenue Code of 1986, and shall include same or opposite sex married couples, registered domestic partners, and any tax dependents, as defined by Section 152 of the Internal Revenue Code of 1986, of either spouse or registered domestic partner. (2) “Federal poverty level” refers to the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of Section 9902(2) of Title 42 of the United States Code. (3) “Household income” means the sum of the applicant’s or recipient’s modified adjusted gross income, plus the modified adjusted gross income of the applicant’s or recipient’s spouse or registered domestic partner, and the modified adjusted gross incomes of all other individuals for whom the applicant or recipient, or the applicant’s or recipient’s spouse or registered domestic partner, is allowed a federal income tax deduction for the taxable year. (4) “Internal Revenue Code of 1986” means Title 26 of the United States Code, including all amendments enacted to that code. (5) “Modified adjusted gross income” has the meaning given to that term in Section 36B(d)(2)(B) of the Internal Revenue Code of 1986. (Amended by Stats. 2025, Ch. 21, Sec. 38. (AB 116) Effective June 30, 2025.)
  67. 120962.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment [120950 - 120971] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section lets the department and the Franchise Tax Board exchange certain applicant and recipient information to verify financial eligibility for HIV treatment assistance.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment [120950 - 120971] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 U.S.C. Sec. 201 et seq.), the department shall verify the accuracy of the modified adjusted gross income reported on an AIDS Drug Assistance Program application submitted by an applicant or recipient with data, if available, from the Franchise Tax Board. (2) Notwithstanding any other law, the department shall disclose the name and individual taxpayer identification number (ITIN) or social security number of an applicant for, or recipient of, services under this chapter to the Franchise Tax Board for the purpose of verifying the modified adjusted gross income of, any tax-exempt interest received by, any tax-exempt social security benefits received by, and any foreign earned income of an applicant or recipient pursuant to subdivision (b) of Section 120960. (b) (1) The Franchise Tax Board, upon receipt of this information, shall inform the department of all of the following: (A) The amount of the federal adjusted gross income received by the taxpayer household as reported by the taxpayer to the Franchise Tax Board. (B) The amount of the California adjusted gross income received by the taxpayer household as reported by the taxpayer to the Franchise Tax Board or as adjusted by the Franchise Tax Board. (C) The amount of any tax-exempt interest received by the taxpayer household, as reported to the Franchise Tax Board. (D) The amount of any tax-exempt social security benefits received by the taxpayer household, as reported to the Franchise Tax Board. (E) The amount of any foreign earned income of the taxpayer household, as reported to the Franchise Tax Board. (F) The family size of the taxpayer household, as reported to the Franchise Tax Board. (2) The Franchise Tax Board shall provide the information to the department for the most recent taxable year that the Franchise Tax Board has information available, and shall include the first and last name, date of birth, and the ITIN or social security number of the taxpayer. (c) (1) Information provided by the department pursuant to this section shall constitute confidential public health records as defined in Section 121035, and shall remain subject to the confidentiality protections and restrictions on further disclosure by the recipient under subdivisions (d) and (e) of Section 121025. (2) To the extent possible, verification of financial eligibility shall be done in a way to eliminate or minimize, by use of computer programs or other electronic means, Franchise Tax Board staff and contractors’ access to confidential public health records. (3) Prior to accessing confidential HIV-related public health records, Franchise Tax Board staff and contractors shall be required to annually sign a confidentiality agreement developed by the department that includes information related to the penalties under Section 121025 for a breach of confidentiality and the procedures for reporting a breach of confidentiality under subdivision (j) of Section 121022. Those agreements shall be reviewed annually by the department. (4) The Franchise Tax Board shall return or destroy all information received from the department after completing the exchange of information. (d) For purposes of this section, “foreign earned income” also includes any deduction taken for the housing expenses of an individual while living abroad pursuant to Section 911 of Title 26 of the Internal Revenue Code. (e) For purposes of this section, “household” means the applicant or recipient, and, in addition, the applicant’s or recipient’s spouse or registered domestic partner, and all other individuals for whom the applicant or recipient, or the applicant’s or recipient’s spouse or registered domestic partner, is allowed a federal income tax deduction for the taxable year. (f) For purposes of this section, “family size” has the meaning given to that term in Section 36B(d)(1) of Title 26 of the Internal Revenue Code, and includes same or opposite sex married couples, registered domestic partners, and any dependent, as defined by Section 152 of Title 26 of the Internal Revenue Code, of either spouse or registered domestic partner. (Amended by Stats. 2025, Ch. 766, Sec. 1. (SB 504) Effective January 1, 2026.)
  68. 120966.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment [120950 - 120971] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The HIV treatment program must make certain approved antiviral drugs available to eligible people, and approved drugs must reach covered patients within 30 days after manufacturer notification to the Office of AIDS.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment [120950 - 120971] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 federal Food and Drug Administration for treatment of human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS), prescribed by the beneficiary’s medical care provider, and approved by the AIDS Drug Assistance Program Medical Advisory Committee of the Office of AIDS if determined by the State Department of Health Services that the new antiviral drug would be used as an additional treatment option, and anticipated client utilization represents no significant additional cost to the program and does not require the removal of another antiviral drug from the formulary. (2) Any federal Food and Drug Administration-approved antiviral drug that is determined by the State Department of Health Services to represent a significant additional cost to the program shall be made available if, after an analysis is conducted by the department, it determines that the program has an adequate budget to fund the addition of the new drug. (3) The department shall use all reasonable means to ensure that the determination required in paragraph (1) or the analysis required by paragraph (2) are performed as promptly as possible. (b) Notwithstanding any other provision of law, any antiviral drug that is approved pursuant to paragraph (1) of subdivision (a) for addition to the formulary of drugs program established by this chapter shall be available to patients covered by the program established by this chapter within 30 days of the Office of AIDS being notified by the drug’s manufacturer of the FDA approval. (Added by Stats. 1999, Ch. 497, Sec. 1. Effective January 1, 2000.)
  69. 120968.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment [120950 - 120971] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The Office of AIDS must report to the Legislature by October 1, 2000 on consumer protections for the AIDS drug program.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment [120950 - 120971] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 pursuant to this chapter, including a report on the contractor’s performance in each of the following areas: (a) Filling of patient prescriptions within 24 hours of submission, and shipping of mail order prescriptions within 48 hours. (b) Subcontracting with any willing provider, including a report on any denials of contracts with providers and the reason for denial. (c) Provision of information regarding program policies, procedures, enrollment procedures, eligibility guidelines, and lists of drugs covered in appropriate literacy levels in English, Spanish, Mandarin/Cantonese, Tagalog, and in other languages as determined by the department. (d) Development of a timely and accessible grievance procedure for clients, promotion of that procedure among clients, and utilization. (Added by Stats. 1999, Ch. 497, Sec. 2. Effective January 1, 2000.)
  70. 120970.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment [120950 - 120971] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If a contractor or subcontractor administers this HIV treatment program, the contractor must provide drug access, prescription support, pharmacy compliance, confidentiality, client information, and grievance procedures.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment [120950 - 120971] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 120970. If the department utilizes a contractor or subcontractor to administer any aspect of the program provided for under this chapter, the following additional client assistance provisions shall apply: (a) The contractor shall, either directly or through subcontracted pharmacy outlets, obtain and dispense the necessary drugs, in their approved forms according to the program formulary, and shall comply with all applicable provisions of the California Pharmacy Law (Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code) and regulations adopted thereunder. (b) Upon receipt of notification by the department, the contractor shall be able to accommodate additions or changes in the formulary within 10 business days. (c) Clients shall receive drugs from a participating pharmacy either directly, through the client’s designated representative, or mailed or delivered to the client’s place of residence by the contractor or subcontractor, whichever the client prefers. Proof of delivery of the prescription to the client’s designated address, by signature acknowledging receipt thereof, shall be required for all mail order prescriptions. (d) Clients shall have their prescriptions filled within 24 hours of submission of prescription requests, and mail order prescriptions shall be shipped by the contractor within 48 hours of receipt of client prescription requests. (e) The contractor shall provide 24-hour free telephone and fax machine access for physicians and surgeons, or medical care providers as authorized under state law, to call in or transmit prescriptions for mail order pharmacy. (f) Clients shall have toll-free telephone access during business hours to speak with licensed pharmacists for medication counseling and for mail order prescription requests. The contractor shall provide consultation in the prevention of potentially harmful drug interactions in connection with prescriptions filled for clients. (g) The contractor shall have the ability to subcontract with any willing provider, including independent and sole proprietorship pharmacies, provided the subcontractor accepts the rates offered by the contractor, supplies the contractor with timely information, and complies with necessary contract terms and conditions and other needs of the program as determined by the contractor or the department. (h) It is the intent of the Legislature that the contractor subcontract with all willing providers accepting the terms and conditions provided for in subdivisions (a) to (g), inclusive, in order to facilitate continuity of care for clients under this chapter. (i) All types of information, whether written or oral, concerning a client, made or kept in connection with the administration of ADAP services, which includes subsidizing costs associated with health care service plan contracts and health insurance premium payment assistance, shall be confidential, and shall not be used or disclosed except for any of the following: (1) For purposes directly connected with the administration of the program. (2) For coordinating client eligibility with programs funded by the federal Ryan White HIV/AIDS Program (Ryan White HIV/AIDS Treatment Extension Act of 2009, (Public Law 111-87, 42 U.S.C. Sec. 201, et seq.)). (3) If disclosure is otherwise authorized by law. (4) Pursuant to a written authorization by the person who is the subject of the record or by his or her guardian or conservator. (j) Information regarding program policies and procedures, including enrollment procedures, eligibility guidelines, and lists of drugs covered, shall be made available to clients in appropriate literacy levels in English, Spanish, Mandarin/Cantonese, Tagalog, and in other languages, as determined by the department. (k) The contractor shall develop and maintain a timely and accessible grievance procedure for clients to resolve problems regarding all components of the delivery of drugs under this chapter. (Amended by Stats. 2017, Ch. 52, Sec. 16. (SB 97) Effective July 10, 2017.)
  71. 120971.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment [120950 - 120971] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If ADAP state expenditures are used as certified public expenditures for federal Medi-Cal funding, two California departments must protect ADAP’s integrity and keep legislative committees informed of potential concerns.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment [120950 - 120971] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 the purpose of obtaining federal financial participation under the Medi-Cal program for any purposes, including federal demonstration waivers, the State Department of Health Care Services and the State Department of Public Health shall ensure the integrity of the ADAP in meeting its maintenance-of-effort requirements to receive federal funds and to obtain all ADAP drug rebates to support the ADAP. (b) The State Department of Health Care Services and the State Department of Public Health shall keep the appropriate policy and fiscal committees of the Legislature informed of any potential concerns that may arise in the event that state expenditures for the ADAP are used as a certified public expenditure as described in subdivision (a). (Added by Stats. 2010, Ch. 717, Sec. 15. (SB 853) Effective October 19, 2010.)
  72. 120972.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6.1. Human Immunodeficiency Virus (HIV) Prevention [120972 - 120972.2] ( Chapter 6.1 added by Stats. 2017, Ch. 52, Sec. 17. )

    Verify source ↗

    The director may run a program to subsidize HIV prevention medications and related medical services, subject to funding and eligibility limits.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6.1. Human Immunodeficiency Virus (HIV) Prevention [120972 - 120972.2] ( Chapter 6.1 added by Stats. 2017, Ch. 52, Sec. 17. ) ## 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 subsidize certain costs of medications for the prevention of HIV infection and other related medical services, as authorized by this section, to persons who meet all of the following requirements: (1) Are residents of California who are at least 18 years of age, or who may consent to medical care related to the prevention of a sexually transmitted disease consistent with Section 6926 of the Family Code. (2) Are HIV negative. (3) Meet the financial eligibility requirements identified in Section 120960. Unemancipated minors between 12 and 17 years of age shall be considered a family size of one for purposes of determining financial eligibility for this program. (4) Have been prescribed, dispensed, or otherwise furnished medication listed on the AIDS Drug Assistance Program (ADAP) formulary as provided in paragraph (2) of subdivision (a) of Section 120955. (b) To the extent allowable under federal law, and upon available funds, the director may expend funding for this program from the AIDS Drug Assistance Program Rebate Fund as implemented pursuant to Section 120956. (c) To the extent that funding is made available for this purpose, the program may subsidize all of the following costs of medication for the prevention of HIV infection and related medical services for eligible individuals: (1) For uninsured individuals, the costs for both of the following: (A) HIV pre-exposure prophylaxis (PrEP)-related and post-exposure prophylaxis (PEP)-related medical services for individuals who are enrolled, if eligible, in a drug manufacturer’s medication assistance program. (B) Medication for the prevention of HIV infection for individuals who are ineligible for a drug manufacturer’s medication assistance program. (2) For insured individuals, the costs for all of the following: (A) Medication copays, coinsurance, and deductibles for the prevention of HIV infection after the individual’s insurance is applied and, if eligible, after the drug manufacturer’s medication assistance program’s contributions are applied. Use of the drug manufacturer’s medication assistance program is not required if it is not accepted by the health plan or pharmacy contracted with the health plan. (B) Medical copays, coinsurance, and deductibles for PrEP-related and PEP-related medical services. (C) Subsidizing premiums to purchase or maintain health insurance coverage for individuals using PrEP if the director makes a determination that it is feasible and would result in cost savings to the state. (d) For the purposes of this program, an insured individual on a parent’s or partner’s health plan shall be considered uninsured if the individual is unable to use the individual’s health insurance coverage for confidentiality or safety reasons. (e) Notwithstanding the eligibility requirements in subdivision (a), the program may subsidize the costs of up to 30 days of PrEP and PEP medications for the prevention of HIV infection. (f) If the director makes a formal determination that, in any fiscal year, funds appropriated for the program will be insufficient to provide medications for the prevention of HIV infection or related medical costs to existing eligible persons for the fiscal year and that a suspension of the implementation of the program is necessary, the director may suspend either of the following: (1) The program. (2) The eligibility determinations and enrollment in the program for the period of time necessary to meet the needs of existing eligible persons in the program. (g) Reimbursement under the program shall not be made for any drugs or related services that are available to the recipient under any other private, state, or federal programs, or under any other contractual or legal entitlements, except as specified in this section. The director may authorize an exemption from this subdivision if it would result in cost savings to the state. (h) If the department utilizes a contractor or subcontractor to administer any aspect of the program, the provisions of Section 120970, except subdivision (i) of that section, shall apply. (i) All types of information, whether written or oral, concerning a client, made or maintained in connection with the administration of this program, shall be confidential, and shall not be used or disclosed except for any of the following: (1) For purposes directly connected with the administration of the program. (2) If disclosure is otherwise authorized by law. (3) Pursuant to a written authorization by the person who is the subject of the record or, if the person is 18 years of age or older, by the person’s guardian or conservator. (j) For purposes of verifying financial eligibility for the program, the department shall verify the accuracy of the modified adjusted gross income reported by an applicant or recipient of the program, with data, if available, from the Franchise Tax Board. The Franchise Tax Board and the department are authorized to disclose personally identifiable data to one another, solely for this purpose, and in accordance with the data exchange process identified in Section 120962. (k) Regulations adopted pursuant to subdivision (c), (d), or (e), are exempt from rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2021, Ch. 143, Sec. 18. (AB 133) Effective July 27, 2021.)
  73. 120972.1.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6.1. Human Immunodeficiency Virus (HIV) Prevention [120972 - 120972.2] ( Chapter 6.1 added by Stats. 2017, Ch. 52, Sec. 17. )

    Verify source ↗

    The Office of AIDS may fund PrEP/PEP navigation and retention services, and must set up a simple application process for funding.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6.1. Human Immunodeficiency Virus (HIV) Prevention [120972 - 120972.2] ( Chapter 6.1 added by Stats. 2017, Ch. 52, Sec. 17. ) ## 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 departments and community-based organizations to support HIV preexposure prophylaxis (PrEP) and postexposure prophylaxis (PEP) navigation and retention coordinators and related services for the purpose of increasing PrEP and PEP initiation and retention among individuals most vulnerable to HIV. (b) Navigation and retention services may include, but are not limited to, outreach and education, community messaging, assistance with applying for and retaining health coverage, assistance with enrollment in PrEP and PEP financial assistance programs, care coordination and adherence support, financial assistance for transportation costs, and linkage to behavioral health, substance use, housing, and other social service programs. (c) The Office of AIDS shall establish a simple application process for local health departments and community-based organizations to receive funding to support PrEP and PEP navigation and retention coordinators and related services. (d) Local health departments and community-based organizations in any county shall be eligible for funding if they meet all of the following requirements: (1) Provide enrollment or clinical services for the HIV prevention program as outlined in Section 120972. (2) Describe how funding for PrEP and PEP navigation and retention coordinators and related services will help to improve PrEP initiation and retention in their specific geographic area. (3) Demonstrate the capacity to provide culturally appropriate PrEP and PEP navigation and retention services to one or more communities vulnerable to HIV, including, but not limited to, all of the following: (A) Black, indigenous, and people of color. (B) Lesbian, gay, bisexual, queer, and questioning individuals. (C) Non-English-speaking individuals. (D) Other populations that are difficult to reach, including those with transportation or technology challenges. (E) People experiencing homelessness. (F) People involved in the carceral system. (G) People who use drugs. (H) People engaged in sex work. (I) Transgender and gender-nonconforming individuals. (J) Undocumented individuals. (K) Women. (L) Youth. (e) Local health departments and community-based organizations shall be eligible to apply for one or more PrEP navigation and retention coordinators based on need in the specific geographic area and organizational capacity to reach the target population or populations. (f) Funded local health departments and community-based organizations shall collaborate with the Office of AIDS to conduct outcome and process evaluation of PrEP and PEP navigation and retention services. The Office of AIDS shall establish performance metrics to ensure that funding is used efficiently and measure program success. (g) The Office of AIDS may use a portion of funds to contract with a third-party entity to provide training, program technical assistance, and capacity building to funded local health departments and community-based organizations. (h) To the extent allowable under federal law, and upon availability of funds, the Office of AIDS may expend funding for the activities outlined in this section from the AIDS Drug Assistance Program Rebate Fund as implemented pursuant to Section 120956. (Added by Stats. 2021, Ch. 143, Sec. 24. (AB 133) Effective July 27, 2021.)
  74. 120972.2.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6.1. Human Immunodeficiency Virus (HIV) Prevention [120972 - 120972.2] ( Chapter 6.1 added by Stats. 2017, Ch. 52, Sec. 17. )

    Verify source ↗

    The Office of AIDS may spend certain fund money on HIV prevention services and may also allocate funds to local health departments and community-based organizations when funds are available.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6.1. Human Immunodeficiency Virus (HIV) Prevention [120972 - 120972.2] ( Chapter 6.1 added by Stats. 2017, Ch. 52, Sec. 17. ) ## 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 for individuals most vulnerable to HIV, including, but not limited to, harm reduction services, internal and external condoms, or other preventative measures to limit individuals from contracting HIV. (b) To the extent that funds are available for these purposes, the State Department of Public Health’s Office of AIDS may allocate funds to local health departments and community-based organizations to support HIV prevention. (Added by Stats. 2024, Ch. 40, Sec. 19. (SB 159) Effective June 29, 2024.)
  75. 120973.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6.2. HIV Care Program [120973 - 120974] ( Chapter 6.2 added by Stats. 2019, Ch. 38, Sec. 24. )

    Verify source ↗

    This section defines ADAP and the HIV Care Program, and says the HIV Care Program provides primary medical care and support services.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6.2. HIV Care Program [120973 - 120974] ( Chapter 6.2 added by Stats. 2019, Ch. 38, Sec. 24. ) ## 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 Program referenced in subparagraph (C) of paragraph (1) of subdivision (a) of Section 131051. Any reference to the CARE Services Program is deemed a reference to the HIV Care Program. (c) The HIV Care Program provides primary medical care and support services pursuant to the federal Ryan White CARE Act (42 U.S.C. Sec. 300ff), and is administered by the Office of AIDS in the State Department of Public Health in accordance with Sections 131019 and 131051. (Added by Stats. 2019, Ch. 38, Sec. 24. (SB 78) Effective June 27, 2019. Section operative April 1, 2020, pursuant to Section 120974.)
  76. 120974.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6.2. HIV Care Program [120973 - 120974] ( Chapter 6.2 added by Stats. 2019, Ch. 38, Sec. 24. )

    Verify source ↗

    This chapter becomes operative on April 1, 2020.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 6.2. HIV Care Program [120973 - 120974] ( Chapter 6.2 added by Stats. 2019, Ch. 38, Sec. 24. ) ## 120974. This chapter shall become operative on April 1, 2020. (Added by Stats. 2019, Ch. 38, Sec. 24. (SB 78) Effective June 27, 2019.)
  77. 120975.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    In certain proceedings, no person may be compelled to identify an individual who is the subject of an HIV test or provide identifying characteristics that would reveal that person’s identity, except as allowed by specified sections.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 Section 1603.1, 1603.3, or 121022, no person shall be compelled in any state, county, city, or other local civil, criminal, administrative, legislative, or other proceedings to identify or provide identifying characteristics that would identify any individual who is the subject of an HIV test, as defined in subdivision (c) of Section 120775. (Amended by Stats. 2013, Ch. 445, Sec. 1. (SB 249) Effective January 1, 2014.)
  78. 120980.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section restricts disclosure of HIV test results and sets civil, criminal, and damages consequences for violations.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in Section 1603.1, 1603.3, or 121022 or any other statute that expressly provides an exemption to this section, shall be assessed a civil penalty in an amount not to exceed two thousand five hundred dollars ($2,500) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test. (b) Any person who willfully or maliciously discloses the results of an HIV test, as defined in subdivision (c) of Section 120775, to any third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in Section 1603.1, 1603.3, or 121022 or any other statute that expressly provides an exemption to this section, shall be assessed a civil penalty in an amount not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test. (c) Any person who willfully, maliciously, or negligently discloses the results of an HIV test, as defined in subdivision (c) of Section 120775, to a third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in Section 1603.1, 1603.3, or 121022 or any other statute that expressly provides an exemption to this section, that results in economic, bodily, or psychological harm to the subject of the test, is guilty of a misdemeanor, punishable by imprisonment in the 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. (d) Any person who commits any act described in subdivision (a) or (b) shall be liable to the subject for all actual damages, including damages for economic, bodily, or psychological harm that is a proximate result of the act. (e) Each disclosure made in violation of this chapter is a separate and actionable offense. (f) Except as provided in Article 6.9 (commencing with Section 799) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, the results of an HIV test, as defined in subdivision (c) of Section 120775, that identifies or provides identifying characteristics of the person to whom the test results apply, shall not be used in any instance for the determination of insurability or suitability for employment. (g) “Written authorization,” as used in this section, applies only to the disclosure of test results by a person responsible for the care and treatment of the person subject to the test. Written authorization is required for each separate disclosure of the test results, and shall include to whom the disclosure would be made. (h) Nothing in this section limits or expands the right of an injured subject to recover damages under any other applicable law. Nothing in this section shall impose civil liability or criminal sanction for disclosure of the results of tests performed on cadavers to public health authorities or tissue banks. (i) Nothing in this section imposes liability or criminal sanction for disclosure of an HIV test, as defined in subdivision (c) of Section 120775, in accordance with any reporting requirement for a case of HIV infection, including AIDS by the department or the Centers for Disease Control and Prevention under the United States Public Health Service. (j) The department may require blood banks and plasma centers to submit monthly reports summarizing statistical data concerning the results of tests to detect the presence of viral hepatitis and HIV. This statistical summary shall not include the identity of individual donors or identifying characteristics that would identify individual donors. (k) “Disclosed,” as used in this section, means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic means to any person or entity. (l) When the results of an HIV test, as defined in subdivision (c) of Section 120775, are included in the medical record of the patient who is the subject of the test, the inclusion is not a disclosure for purposes of this section. (Amended by Stats. 2006, Ch. 20, Sec. 4. Effective April 17, 2006.)
  79. 120985.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section allows certain HIV test results to be recorded or disclosed in limited healthcare settings, but generally bars disclosure without written authorization.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 results apply may be recorded by the physician who ordered the test in the test subject’s medical record or otherwise disclosed without written authorization of the subject of the test, or the subject’s representative as set forth in Section 121020, to the test subject’s providers of health care, as defined in Section 56.05 of the Civil Code, except as described in paragraph (3), for purposes of diagnosis, care, or treatment of the patient. (2) (A) Notwithstanding Sections 120980 and 121010, the results of an HIV test that identifies or provides identifying characteristics of a Medi-Cal beneficiary may be disclosed by a provider of health care without written authorization of the subject of the test, or the subject’s representative as set forth in Section 121020, to the Medi-Cal managed care plan to which the beneficiary is assigned, if applicable, and to the external quality review organizations contracted by the State Department of Health Care Services to conduct external quality reviews of Medi-Cal managed care plans, for the purpose of administering quality improvement programs, including, but not limited to, value-based payment programs and healthy behavior incentive programs, designed to improve HIV care for Medi-Cal beneficiaries. (B) HIV test results that do not identify or provide identifying characteristics of the subjects of the tests may be disclosed without written authorization by the Medi-Cal managed care plan to State Department of Health Care Services staff for the purpose described in subparagraph (A). (3) Except for a Medi-Cal managed care plan to which a beneficiary is assigned, the results of an HIV test that identifies or provides identifying characteristics of the person to whom the test results apply may not be disclosed without written authorization of the subject of the test, or the subject’s representative, to a health care service plan regulated pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2. (4) This subdivision shall be construed as being subject to Sections 120975 and 120980, including for purposes of individuals or entities described in this subdivision. (b) (1) Recording or disclosure of HIV test results pursuant to subdivision (a) does not authorize further disclosure unless otherwise permitted by law. (2) Paragraph (1) also applies to further disclosure to any federal agency or any authority in another state, unless otherwise required by federal law. (Amended by Stats. 2025, Ch. 748, Sec. 1. (SB 278) Effective January 1, 2026.)
  80. 120990.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Before an HIV test is ordered, the patient must be told about the test and their right to decline it; HIV tests generally require informed consent, with several listed exceptions, and providers must give follow-up counseling and result information after testing.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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, provide information about the test, inform the patient that there are numerous treatment options available for a patient who tests positive for HIV and that a person who tests negative for HIV should continue to be routinely tested, and advise the patient that he or she has the right to decline the test. If a patient declines the test, the medical care provider shall note that fact in the patient’s medical file. (b) Subdivision (a) does not apply when a person independently requests an HIV test from a medical care provider. (c) Except as provided in subdivision (a), a person shall not administer a test for HIV infection unless the person being tested or his or her parent, guardian, conservator, or other person specified in Section 121020 has provided informed consent for the performance of the test. Informed consent may be provided orally or in writing, but the person administering the test shall maintain documentation of consent, whether obtained orally or in writing, in the client’s medical record. This consent requirement does not apply to a test performed at an alternative site pursuant to Section 120890 or 120895. This section does not authorize a person to administer a test for HIV unless that person is otherwise lawfully permitted to administer an HIV test. (d) Subdivision (c) shall not apply when a person independently requests an HIV test from an HIV counseling and testing site that employs a trained HIV counselor, pursuant to Section 120917, provided that the person is provided with information required pursuant to subdivision (a) and his or her independent request for an HIV test is documented by the person administering the test. (e) Nothing in this section shall preclude a medical examiner or other physician from ordering or performing a test to detect HIV on a cadaver when an autopsy is performed or body parts are donated pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7). (f) (1) The requirements of subdivision (c) do not apply when blood is tested as part of a scientific investigation conducted either by a medical researcher operating under the approval of an institutional review board or by the department, in accordance with a protocol for unlinked testing. (2) For purposes of this subdivision, “unlinked testing” means blood samples that are obtained anonymously, or that have the name or identifying information of the individual who provided the sample removed in a manner that prevents the test results from ever being linked to the particular individual who participated in the research or study. (g) Nothing in this section permits a person to unlawfully disclose an individual’s HIV status, or to otherwise violate provisions of Section 54 of the Civil Code, the Americans With Disabilities Act of 1990 (Public Law 101-336), or the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), which prohibit discrimination against individuals who are living with HIV, who test positive for HIV, or who are presumed to be HIV-positive. (h) After the results of a test performed pursuant to this section have been received, the medical care provider or the person who administers the test shall ensure that the patient receives timely information and counseling, as appropriate, to explain the results and the implications for the patient’s health. If the patient tests positive for HIV infection, the medical provider or the person who administers the test shall inform the patient that there are numerous treatment options available and identify followup testing and care that may be recommended, including contact information for medical and psychological services. If the patient tests negative for HIV infection and is determined to be at high risk for HIV infection by the medical provider or person administering the test, the medical provider or the person who administers the test shall advise the patient of the need for periodic retesting, explain the limitations of current testing technology and the current window period for verification of results, and provide information about methods that prevent or reduce the risk of contracting HIV, including, but not limited to, preexposure prophylaxis and postexposure prophylaxis, consistent with guidance of the federal Centers for Disease Control and Prevention, and may offer prevention counseling or a referral to prevention counseling. (i) This section shall not apply to a clinical laboratory. (Amended by Stats. 2016, Ch. 670, Sec. 1. (AB 2640) Effective January 1, 2017.)
  81. 120991.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Primary care clinics must offer HIV tests to certain consenting patients and try to give test results before the patient leaves.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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. The primary care clinician shall offer an HIV test consistent with the United States Preventive Services Task Force recommendation for screening HIV infection. This subdivision shall not apply if the primary care clinic has tested the patient for HIV or if the patient has been offered the HIV test and declined the test within the previous 12 months. Any subsequent testing of a patient who has been tested by the primary care clinic shall be consistent with the most recent guidelines issued by the United States Preventive Services Task Force. (b) HIV testing of minors 12 years of age or older shall comply with Section 6926 of the Family Code. (c) This section shall not prohibit a primary care clinic from charging a patient to cover the cost of HIV testing. The primary care clinic shall be deemed to have complied with this section if an HIV test is offered. (d) A primary care clinic shall attempt to provide test results to the patient before he or she leaves the facility. If that is not possible, the facility may inform the patient who tests negative for HIV by letter or by telephone, and shall inform a patient with a positive test result in a manner consistent with state law. However, in any case, the primary care clinic shall comply with subdivision (g) of Section 120990. (e) For purposes of this section, “primary care clinic” means a primary care clinic as defined in subdivision (a) of Section 1204 or subdivision (g), (h), or (j) of Section 1206. (Added by Stats. 2013, Ch. 589, Sec. 2. (AB 446) Effective January 1, 2014.)
  82. 120992.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section creates a department-run pilot project for routine HIV testing in hospital emergency departments, with hospitals required to offer tests and report data under specified conditions.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 the routine offering of an HIV test in the emergency department of a hospital. (b) The department shall select four hospitals that have emergency departments to voluntarily participate in the pilot project. The department may select fewer hospitals if an insufficient number of hospitals express willingness to voluntarily participate. (1) Two of the hospitals shall be selected from large urban areas. (2) One hospital shall be selected from a small urban or suburban area. (3) One hospital shall be selected from a rural area. (c) Each hospital in the pilot project shall offer an HIV test to any patient in the hospital emergency department who has consented to the HIV test pursuant to Section 120990. The emergency department shall comply with subdivision (h) of Section 120990 and may choose to comply either by using emergency department or other hospital personnel or engaging the services of an HIV organization that has experience in prevention counseling for persons at risk for HIV. (d) (1) A hospital in the pilot project shall not offer a test to any person who is being treated for a life-threatening emergency or who lacks the capacity to consent to an HIV test. (2) If an emergency department physician at a hospital in the pilot project determines that a patient is in significant pain or distress, including psychological distress, the hospital shall not offer an HIV test to the patient. Once an emergency department physician determines that the patient has stabilized and is no longer in significant pain or distress, including psychological distress, the hospital shall offer an HIV test to the patient. (e) A hospital in the pilot project shall offer HIV tests to individuals 15 to 65 years of age, inclusive, pursuant to the United States Preventive Services Task Force recommendations. In order to protect the confidentiality and privacy interests of minors, the hospital shall not offer HIV tests to individuals 15 to 17 years of age, inclusive, in the presence of their parent or legal guardian. (f) A hospital in the pilot project shall be authorized to charge a patient for the cost of the HIV testing. (g) A hospital in the pilot project shall be directed by the department, in a form, manner, and timeframe determined by the department, to collect and report data on the following topics: (1) The frequency of HIV test offers. (2) The frequency of consent or nonconsent to an HIV test and any reasons given by the patient for the consent or the nonconsent. (3) The time taken to offer an HIV test and secure consent from a patient and the time taken to provide information and counseling pursuant to subdivision (h) of Section 120990. (4) The aggregate HIV positivity rate. (5) The frequency with which patients agree to participate in a session to receive information and counseling pursuant to subdivision (h) of Section 120990 and the reasons that patients give for refusing to participate. (6) The frequency of patients leaving the emergency department without receiving their test results. (h) A hospital in the pilot project shall provide information to the department regarding its practices and protocols for implementing the offer of an HIV test and the required followup to the test, as well as an assessment of the effectiveness of those practices and protocols. (i) (1) The pilot project shall commence on March 1, 2017, and end on February 28, 2019. (2) By December 1, 2019, the department shall complete a report to the Legislature on the findings of the hospitals in the pilot project and make recommendations about routine HIV testing in hospital emergency departments. In preparing the report to the Legislature, the department shall solicit input from a broad range of HIV testing and hospital stakeholders. (j) (1) The requirement for submitting a report imposed under paragraph (2) of subdivision (i) is inoperative on December 1, 2023, pursuant to Section 10231.5 of the Government Code. (2) A report submitted pursuant to paragraph (2) of subdivision (i) shall be submitted in compliance with Section 9795 of the Government Code. (k) For purposes of this section, “hospital” means a general acute care hospital as defined in subdivision (a) of Section 1250. (l) This section shall be implemented only to the extent that the department identifies available funding for the purposes of this section. The department may seek or use private funding to cover the costs of administering the pilot project. (Added by Stats. 2016, Ch. 668, Sec. 1. (AB 2439) Effective January 1, 2017.)
  83. 120995.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Testing and actions taken under Welfare and Institutions Code Section 1768.9 are exempt from certain HSC Section 120980 and 120990 requirements.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 addition, the requirements of subdivision (a) of Section 120990 shall not apply to testing performed pursuant to Section 1768.9 of the Welfare and Institutions Code. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  84. 1210.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    A chronic dialysis clinic must not advise patients about specific coverage or plan options, and must post a notice telling patients with Medicare questions about end stage renal disease to contact HICAP.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 1. Definitions and General Provisions [1200 - 1210] ( Article 1 added by Stats. 1978, Ch. 1147. ) ## 1210. (a) A chronic dialysis clinic shall not steer, direct, or advise a patient regarding any specific coverage program option or health care service plan contract. (b) A chronic dialysis clinic shall post a notice in a prominent location visible to all patients displayed in large font type that questions about Medicare coverage for patients with end stage renal disease should be directed to the Health Insurance Counseling and Advocacy Program or HICAP at 1-800-434-0222. (Added by Stats. 2019, Ch. 862, Sec. 2. (AB 290) Effective January 1, 2020.)
  85. 121000.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Certain Penal Code Title 8 actions are exempt from Section 120980 subdivisions (a) to (c), and testing done under that title is exempt from the requirements of Section 120990(a).

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 Section 120980. In addition, the requirements of subdivision (a) of Section 120990 shall not apply to testing performed pursuant to that title. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  86. 121005.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department and blood banks or plasma centers are not liable for damages caused by notifying test results under the cited section.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 for any damages resulting from the notification of test results, as set forth in paragraph (3) of subdivision (a) of, and in subdivision (c) of, Section 1603.3, as amended by Chapter 23 of the Statutes of 1985. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  87. 12101.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    People must get a permit before manufacturing, selling, storing, transporting, using, or otherwise handling explosives, and permits are subject to agency checks and conditions.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. ) ## 12101. (a) No person shall do any one of the following without first having made application for and received a permit in accordance with this section: (1) Manufacture explosives. (2) Sell, furnish, or give away explosives. (3) Receive, store, or possess explosives. (4) Transport explosives. (5) Use explosives. (6) Operate a terminal for handling explosives. (7) Park or leave standing any vehicle carrying explosives, except when parked or left standing in or at a safe stopping place designated as such by the Department of the California Highway Patrol under Division 14 (commencing with Section 31600) of the Vehicle Code. (b) Application for a permit shall be made to the appropriate issuing authority. (c) (1) A permit shall be obtained from the issuing authority having the responsibility in the area where the activity, as specified in subdivision (a), is to be conducted. (2) If the person holding a valid permit for the use or storage of explosives desires to purchase or receive explosives in a jurisdiction other than that of intended use or storage, the person shall first present the permit to the issuing authority in the jurisdiction of purchase or receipt for endorsement. The issuing authority may include any reasonable restrictions or conditions which the authority finds necessary for the prevention of fire and explosion, the preservation of life, safety, or the control and security of explosives within the authority’s jurisdiction. If, for any reason, the issuing authority refuses to endorse the permit previously issued in the area of intended use or storage, the authority shall immediately notify both the issuing authority who issued the permit and the Department of Justice of the fact of the refusal and the reasons for the refusal. (3) Every person who sells, gives away, delivers, or otherwise disposes of explosives to another person shall first be satisfied that the person receiving the explosives has a permit valid for that purpose. When the permit to receive explosives indicates that the intended storage or use of the explosives is other than in that area in which the permittee receives the explosives, the person who sells, gives away, delivers, or otherwise disposes of the explosives shall ensure that the permit has been properly endorsed by a local issuing authority and, further, shall immediately send a copy of the record of sale to the issuing authority who originally issued the permit in the area of intended storage or use. The issuing authority in the area in which the explosives are received or sold shall not issue a permit for the possession, use, or storage of explosives in an area not within the authority’s jurisdiction. (d) In the event any person desires to receive explosives for use in an area outside of this state, a permit to receive the explosives shall be obtained from the State Fire Marshal. (e) A permit may include any restrictions or conditions which the issuing authority finds necessary for the prevention of fire and explosion, the preservation of life, safety, or the control and security of explosives. (f) A permit shall remain valid only until the time when the act or acts authorized by the permit are performed, but in no event shall the permit remain valid for a period longer than one year from the date of issuance of the permit. (g) Any valid permit which authorizes the performance of any act shall not constitute authorization for the performance of any act not stipulated in the permit. (h) An issuing authority shall not issue a permit authorizing the transportation of explosives pursuant to this section if the display of placards for that transportation is required by Section 27903 of the Vehicle Code, unless the driver possesses a license for the transportation of hazardous materials issued pursuant to Division 14.1 (commencing with Section 32000) of the Vehicle Code, or the explosives are a hazardous waste or extremely hazardous waste, as defined in Sections 25117 and 25115 of the Health and Safety Code, and the transporter is currently registered as a hazardous waste hauler pursuant to Section 25163 of the Health and Safety Code. (i) An issuing authority shall not issue a permit pursuant to this section authorizing the handling or storage of division 1.1, 1.2, or 1.3 explosives in a building, unless the building has caution placards which meet the standards established pursuant to subdivision (g) of Section 12081. (j) (1) A permit shall not be issued to a person who meets any of the following criteria: (A) He or she has been convicted of a felony. (B) He or she is addicted to a narcotic drug. (C) He or she is in a class prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (2) For purposes of determining whether a person meets any of the criteria set forth in this subdivision, the issuing authority shall obtain two sets of fingerprints on prescribed cards from all persons applying for a permit under this section and shall submit these cards to the Department of Justice. The Department of Justice shall utilize the fingerprint cards to make inquiries both within this state and to the Federal Bureau of Investigation regarding the criminal history of the applicant identified on the fingerprint card. This paragraph does not apply to any person possessing a current certificate of eligibility issued pursuant to subdivisions (a) to (c), inclusive, of Section 26710 of the Penal Code or to any holder of a dangerous weapons permit or license issued pursuant to Section 31000, 32650, or 33300 of the Penal Code, or pursuant to Sections 18900 to 18910, inclusive, or Sections 32700 to 32720, inclusive, of the Penal Code. (k) An issuing authority shall inquire with the Department of Justice for the purposes of determining whether a person who is applying for a permit meets any of the criteria specified in subdivision (j). The Department of Justice shall determine whether a person who is applying for a permit meets any of the criteria specified in subdivision (j) and shall either grant or deny clearance for a permit to be issued pursuant to the determination. The Department of Justice shall not disclose the contents of a person’s records to any person who is not authorized to receive the information in order to ensure confidentiality. If an applicant becomes ineligible to hold a permit, the Department of Justice shall provide to the issuing authority any subsequent arrest and conviction information supporting that ineligibility. (Amended by Stats. 2010, Ch. 178, Sec. 38. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
  88. 12101.5.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    This chapter does not apply to certain small amounts of smokeless powder or black sporting powder possessed or used by a licensed pyrotechnic operator—special effects first class, if the stated conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. ) ## 12101.5. This chapter does not apply to any possession or use by a person licensed as a pyrotechnic operator—special effects first class of 20 pounds or less of smokeless powder, or five pounds or less of black sporting powder, if all of the following requirements are satisfied: (a) All such powder is for use in the pursuit of the lawful business of such licensee and not for resale, and, in the case of black sporting powder, there shall be no gift, delivery or other disposition to another person who is not licensed as a pyrotechnic operator—special effects first class. Any such licensee may sell, give, deliver, or otherwise dispose of any smokeless or black sporting powder to another such licensee. (b) The storage, use and handling of such smokeless and black powder conforms to rules, regulations, or ordinances of authorities having jurisdiction for fire prevention and suppression in the area of such storage, use, and handling of such explosives. (Amended by Stats. 1975, Ch. 355.)
  89. 121010.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section allows HIV test results to be disclosed to listed recipients without the subject’s written authorization, and it requires the designated officer in an emergency-response exposure situation to follow confidentiality rules and notify the exposed employee.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 causative agent of AIDS 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 Section 120990 of this code and Section 6926 of the Family Code. (b) To a test subject’s provider of health care, as defined in subdivision (j) 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 federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (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 federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990 (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. (Amended by Stats. 2013, Ch. 445, Sec. 2. (SB 249) Effective January 1, 2014.)
  90. 121015.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Physicians may disclose a patient’s confirmed positive HIV test to certain close contacts or local public health staff, but they must not reveal identifying information and must follow counseling and notification steps first.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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. (Amended by Stats. 2011, Ch. 151, Sec. 1. (SB 422) Effective January 1, 2012.)
  91. 12102.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    This chapter does not apply to limited amounts of smokeless powder or black sporting powder if the stated use, storage, and no-resale conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. ) ## 12102. This chapter does not apply to any possession or use of 20 pounds or less of smokeless powder, or one pound or less of black sporting powder, provided that: (a) Smokeless powder is intended only for hand loading of small arms ammunition of .75 caliber or less. (b) Black sporting powder is intended for loading of small arms or small arms ammunition of .75 caliber or less. (c) All such powder is for private use and not for resale, and, in the case of black sporting powder, there shall be no gift, delivery, or other disposition to another person. (d) The storage, use and handling of such smokeless and black powder conforms to rules, regulations, or ordinances of authorities having jurisdiction for fire prevention and suppression in the area of such storage, use, and handling of such explosives. (Amended by Stats. 1970, Ch. 1425.)
  92. 12102.1.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    A person transferring small amounts of smokeless powder or black sporting powder must first get a buyer statement with specified identifying information.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. ) ## 12102.1. Any person who sells, gives, delivers or otherwise disposes of 20 pounds or less of smokeless powder, or one pound or less of black sporting powder, shall first obtain a statement from the person who purchases or otherwise receives such powder, which statement shall include: (a) The name, address and birth date of the person purchasing or receiving the powder. (b) The purpose for which the powder is intended to be used, handled, stored, or possessed. (c) The type and amount of the powder. (d) The signature of the person purchasing or receiving the powder. (e) The driver’s license number, selective service card number, or other identifying information concerning the person purchasing or receiving the powder. Any person furnishing a fictitious name or address or knowingly furnishing an incorrect birth date and any person violating any of the provisions of this section is guilty of a misdemeanor. (Added by Stats. 1970, Ch. 1425.)
  93. 121020.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section says who may consent to an HIV test for a minor or infant, and what the physician, social worker, and consent holder may do with test results and confidentiality.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 subject’s parents, guardians, conservators, or other person lawfully authorized to make health care decisions for the subject. For purposes of this paragraph, a minor shall be deemed not competent to give consent if he or she is under 12 years of age. (2) Notwithstanding paragraph (1), when the subject of the HIV test is a minor adjudged to be a dependent child of the court pursuant to Section 360 of the Welfare and Institutions Code, written consent for the test to be performed may be obtained from the court pursuant to its authority under Section 362 or 369 of the Welfare and Institutions Code. (3) (A) Notwithstanding paragraphs (1) and (2), if the subject of the test is an infant who is less than 12 months of age who has been taken into temporary custody pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code or who has been, or has a petition filed with the court to be, adjudged a dependent child of the court pursuant to Section 360 of the Welfare and Institutions Code, the social worker may provide written consent for an HIV test to be performed when the infant is receiving medical care pursuant to Section 369 of the Welfare and Institutions Code, if all of the following have occurred: (i) The attending physician and surgeon determines that HIV testing is necessary to render appropriate care to the infant and documents that determination. When deciding whether HIV testing is necessary, the physician and surgeon shall consider appropriate factors, either known to the attending physician and surgeon or provided to the attending physician and surgeon by the social worker, including, but not limited to, whether the infant has a parent with a history of behavior that places the parent at an increased risk of exposure to HIV, or whether the infant is a victim of sexual abuse, which has placed the child at risk of exposure to HIV. (ii) The social worker provides known information concerning the infant’s possible risk factors regarding exposure to HIV to the attending physician and surgeon. (iii) The social worker has made reasonable efforts to contact the parent or guardian but was unable to do so, and the social worker has documented his or her efforts to contact that person. (B) The attending physician and surgeon and the social worker shall comply with all applicable state and federal confidentiality and privacy laws, including Section 121025, to protect the confidentiality and privacy interests of both the infant and the biological mother. (b) Written consent shall only be obtained for the subject pursuant to paragraphs (1) and (2) of subdivision (a) when necessary to render appropriate care or to practice preventative measures. (c) The person authorized to consent to the test pursuant to subdivision (a) shall be permitted to do any of the following: (1) Notwithstanding Sections 120975 and 120980, receive the results of the test on behalf of the subject without written authorization. (2) Disclose the test results on behalf of the subject in accordance with Sections 120975 and 120980. (3) Provide written authorization for the disclosure of the test results on behalf of the subject in accordance with Sections 120975 and 120980. (d) (1) If an infant tested for HIV pursuant to paragraph (3) of subdivision (a) tests positive for HIV infection and the physician and surgeon determines that immediate HIV medical care is necessary to render appropriate care to that infant, the provision of HIV medical care shall be considered emergency medical care, pursuant to subdivision (d) of Section 369 of the Welfare and Institutions Code. (2) If an infant tests positive for HIV in a test performed pursuant to this section, the social worker shall provide to the physician and surgeon any available contact information for the biological mother for purposes of reporting the HIV infection to the local health officer pursuant to Section 121022. Cases reported to the local health officer under this subdivision are subject to the requirements of Section 120175. (Amended by Stats. 2013, Ch. 153, Sec. 1. (AB 506) Effective January 1, 2014.)
  94. 121022.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Health care providers and laboratories must report HIV cases, and several public health confidentiality and disclosure rules apply.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 providers and laboratories shall report all cases of HIV infection to the local health officer using patient names on a form developed by the department. Both the local health officer and the department shall be authorized to access reports of HIV infection that are electronically submitted by laboratories pursuant to subdivision (g) of Section 120130. Local health officers shall report unduplicated HIV cases by name to the department on a form developed by the department. (b) (1) Health care providers and local health officers shall submit cases of HIV infection pursuant to subdivision (a) by courier service, United States Postal Service express mail or registered mail, other traceable mail, person-to-person transfer, facsimile, or electronically by a secure and confidential electronic reporting system established by the department. (2) This subdivision shall be implemented using the existing resources of the department. (c) Notwithstanding Section 56.10 of the Civil Code, a health care provider of a patient diagnosed with an HIV infection that has already been reported pursuant to subdivision (a) may disclose identifying information about the patient to a local health jurisdiction or the department if the disclosure is necessary to complete or supplement the HIV case report described in subdivision (a), as determined by the health care provider, the local health jurisdiction, or the department. (d) Notwithstanding Section 56.10 of the Civil Code, a health care provider may disclose identifying information about a patient with a diagnosed HIV infection to a local health jurisdiction or the department if the disclosure is necessary for the local health jurisdiction or the department to carry out its duties in the investigation, control, or surveillance of disease, or the coordination of, linkage to, or reengagement in care for a person, as determined by the health care provider, the local health jurisdiction, or the department. (e) The department and local health officers shall ensure continued reasonable access to anonymous HIV testing through alternative testing sites, as established by Section 120890, and in consultation with HIV planning groups and affected stakeholders, including representatives of persons living with HIV and health officers. (f) The department shall promulgate emergency regulations to conform the relevant provisions of Article 3.5 (commencing with Section 2641.5) of Subchapter 1 of Chapter 4 of Division 1 of Title 17 of the California Code of Regulations, consistent with this chapter, by April 17, 2007. Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), if the department revises the form used for reporting pursuant to subdivision (a) after consideration of the reporting guidelines published by the federal Centers for Disease Control and Prevention, the revised form shall be implemented without being adopted as a regulation, and shall be filed with the Secretary of State and printed in Title 17 of the California Code of Regulations. (g) Pursuant to Section 121025, reported cases of HIV infection shall not be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding. (h) State and local health department employees and contractors shall be required to sign, on an annual basis, confidentiality agreements developed by the department that include information related to the penalties for a breach of confidentiality and the procedures for reporting a breach of confidentiality, prior to accessing confidential HIV-related public health records. (i) A person shall not disclose identifying information reported pursuant to subdivision (a) to the federal government, including, but not limited to, any agency, employee, agent, contractor, or anyone else acting on behalf of the federal government, except as permitted under subdivision (b) of Section 121025. (j) (1) Any potential or actual breach of confidentiality of HIV-related public health records shall be investigated by the local health officer, in coordination with the department, when appropriate. The local health officer shall immediately report any evidence of an actual breach of confidentiality of HIV-related public health records at a city or county level to the department and the appropriate law enforcement agency. (2) The department shall investigate any potential or actual breach of confidentiality of HIV-related public health records at the state level, and shall report any evidence of such a breach of confidentiality to an appropriate law enforcement agency. (k) Any willful, negligent, or malicious disclosure of cases of HIV infection reported pursuant to subdivision (a) shall be subject to the penalties prescribed in Section 121025. (l) This section does not limit any other remedies and protections available under state or federal law. (Amended by Stats. 2025, Ch. 766, Sec. 2. (SB 504) Effective January 1, 2026.)
  95. 121023.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Clinical laboratories must report CD4+ T-Cell test results to the local health officer within 7 days, unless they can show the result is not related to a diagnosed HIV case.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health [120975 - 121023] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 results to the local health officer for the local health jurisdiction where the health care provider facility is located within seven days of the completion of the CD4+ T-Cell test. (b) A clinical laboratory shall not be required to report a CD4+ T-Cell test result, as required by this section, if the clinical laboratory can demonstrate that the CD4+ T-Cell test result is not related to a diagnosed case of HIV infection. (c) The clinical laboratory report with CD4+ T-Cell test results shall also include, if provided by the ordering health care provider, all of the following: (1) The patient’s name. (2) The patient’s date of birth. (3) The patient’s gender. (4) The name, telephone number, and address of the local health care provider that ordered the test. (d) The clinical laboratory report with CD4+ T-Cell test results shall also include all of the following information: (1) CD4+ T-Cell test results expressed as an absolute count (the number of lymphocytes containing the CD4 epitope per cubic millimeter) and, if available, the relative count (the number of lymphocytes expressing the CD4 epitope as a percentage of total lymphocytes). (2) The type of laboratory test performed. (3) The date the laboratory test was performed. (4) The name, telephone number, and address of the clinical laboratory that performed the test. (5) The laboratory CLIA number. (6) The laboratory report number. (e) (1) Each local health officer shall inspect each clinical laboratory CD4+ T-Cell test report to determine if the test is related to a case of HIV infection. (2) If the clinical laboratory CD4+ T-Cell test result is related to a case of HIV infection, the local health officer shall report the case of HIV infection or AIDS, as appropriate, to the State Department of Public Health within 45 days of receipt of the laboratory report. (3) If the clinical laboratory CD4+ T-Cell test result is not related to a case of HIV infection, the local health officer shall destroy the laboratory CD4+ T-Cell test report. (f) Pursuant to Section 121025, CD4+ T-Cell test reports shall not be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding. (g) CD4+ T-Cell test reports shall be considered confidential public health records as defined in Section 121035. (h) For the purposes of this section, “CD4+ T-Cell test” means any test used to measure the number of lymphocytes containing the CD4 epitope. (Amended by Stats. 2009, Ch. 501, Sec. 1. (AB 1045) Effective January 1, 2010.)
  96. 121025.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 8. Acquired Immune Deficiency Syndrome (AIDS) Public Health Records Confidentiality Act [121025 - 121035] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    HIV/AIDS public health records with personally identifying information are confidential and generally may not be disclosed, except in listed public health or authorization-based situations.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 8. Acquired Immune Deficiency Syndrome (AIDS) Public Health Records Confidentiality Act [121025 - 121035] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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, are 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 the person’s guardian or conservator. (b) 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 including, but not limited to, the federal Centers for Disease Control and Prevention (CDC), or to collaborating 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, or the coordination of, linkage to, or reengagement in care for a person or persons, as determined by the state or local public health agency. (c) Any disclosures authorized by subdivision (a), (b), or this subdivision shall include only the information necessary for the purpose of that disclosure and shall be made only upon the agreement that the information will be kept confidential as described in subdivision (a). Any unauthorized further disclosure shall be subject to the penalties described in subdivision (e). (1) Notwithstanding any other law, the state or local public health agency staff may further disclose the information to a health care provider who provides 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. (2) Notwithstanding any other law, the following disclosures are authorized for the purpose of facilitating appropriate HIV/AIDS medical care and treatment: (A) State public health agency HIV surveillance staff, HIV prevention 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 a health care provider who provides the person’s care, for the purpose of proactively offering and coordinating care and treatment services to the HIV-positive person. (B) HIV surveillance staff, HIV prevention staff, 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 their HIV care, for the purpose of proactively offering and coordinating care and treatment services to them. (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 their HIV care for the purpose of proactively offering and coordinating care and treatment services to them. (3) Notwithstanding any other law, for the purpose of facilitating appropriate case management or care coordination or delivery of medical care and treatment of persons coinfected with HIV and tuberculosis, syphilis, gonorrhea, chlamydia, hepatitis B, hepatitis C, meningococcal infection, or other reportable diseases under Section 2500 or Section 2505 of Title 17 of the California Code of Regulations, state or local public health agency staff may further disclose the information to other state or local public health agency staff, the HIV-positive person who is the subject of the record, or the HIV-positive person’s health care provider. (4) For the purposes of paragraphs (2) and (3), “staff” does not include nongovernmental entities, but shall include state and local contracted employees who work within state and local public health departments. (d) 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 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. The penalty and costs shall be paid to the person whose record was disclosed. (2) A person who willfully or maliciously discloses the content of any confidential public health record, as defined in subdivision (c) of Section 121035, to 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. The penalty and costs shall be paid to the person whose confidential public health record was disclosed. (3) A person who willfully, maliciously, or negligently discloses the content of a confidential public health record, as defined in subdivision (c) of Section 121035, to 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 not to exceed twenty-five thousand dollars ($25,000), or both, plus court costs, as determined by the court. The penalty and costs shall be paid to the person whose confidential public health record was disclosed. (4) A person who commits an act described in paragraph (1), (2), or (3) is 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) 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) If 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 a person. (Amended by Stats. 2024, Ch. 472, Sec. 3. (SB 1333) Effective January 1, 2025.)
  97. 121026.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 8. Acquired Immune Deficiency Syndrome (AIDS) Public Health Records Confidentiality Act [121025 - 121035] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Public health and qualified entities may share HIV/AIDS-related records for specified enrollment and continuity purposes, but disclosure is tightly limited and generally barred in proceedings.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 8. Acquired Immune Deficiency Syndrome (AIDS) Public Health Records Confidentiality Act [121025 - 121035] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121026. (a) Notwithstanding subdivision (f) of Section 120980, Section 121010, subdivision (i) of Section 121022, subdivision (f) of Section 121025, Section 121115, and Section 121280, the State Department of Public Health and qualified entities may share with each other health records involving the diagnosis, care, and treatment of human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) related to a beneficiary enrolled in federal Ryan White Act funded programs who may be eligible for services under the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). The qualified entities, who shall be covered entities under the federal Health Insurance Portability and Accountability Act (Public Law 104-191) and the final regulations issued pursuant to the act by the United States Department of Health and Human Services (45 C.F.R. Parts 160 and 164), may share records only for the purpose of enrolling the beneficiary in Medi-Cal, the bridge programs, Medicaid expansion programs, and any insurance plan certified by the California Health Benefit Exchange established pursuant to Title 22 (commencing with Section 100500) of the Government Code, or any other programs authorized under the federal Patient Protection and Affordable Care Act (Public Law 111-148), and for the purpose of continuing their access to those programs and plans without disruption. (b) The information provided by the State Department of Public Health pursuant to this section shall be limited to only the information necessary for the purposes of this section and shall not include HIV or AIDS surveillance data. This information shall not be further disclosed by a qualified entity, except to any or all of the following as necessary for the purposes of this section: (1) The person who is the subject of the record or to their guardian or conservator. (2) The provider of health care for the person with HIV or AIDS to whom the information pertains. (3) The Office of AIDS within the State Department of Public Health. (c) For purposes of this section, the following definitions shall apply: (1) “Contractor” means any person or entity that is a medical group, independent practice association, pharmaceutical benefits manager, or a medical service organization and is not a health care service plan or provider of health care. (2) “Provider of health care” means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code; any person licensed pursuant to the Osteopathic Initiative Act or the Chiropractic Initiative Act; any person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code; any clinic, health dispensary, or health facility licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. (3) “Qualified entity” means any of the following: (A) The State Department of Health Care Services. (B) The California Health Benefit Exchange established pursuant to Title 22 (commencing with Section 100500) of the Government Code. (C) Medi-Cal managed care plans. (D) Health plans participating in the Bridge Program. (E) Health plans offered through the Exchange. (F) County health departments delivering HIV or AIDS health care services. (d) Notwithstanding any other law, information shared pursuant to this section shall not be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding. (e) This section shall be implemented only to the extent permitted by federal law. All employees and contractors of a qualified entity who have access to confidential HIV-related medical records pursuant to this section shall be subject to, and all information shared pursuant to this section shall be protected in accordance with, the federal Health Insurance Portability and Accountability Act (Public Law 104-191) and the final regulations issued pursuant to that act by the United States Department of Health and Human Services (45 C.F.R. Parts 160 and 164), the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), and the Insurance Information and Privacy Protection Act (Article 6.6 (commencing with Section 791) of Part 2 of Division 1 of the Insurance Code). (Amended by Stats. 2025, Ch. 766, Sec. 3. (SB 504) Effective January 1, 2026.)
  98. 12103.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    A permit application must be filed on forms prescribed by the State Fire Marshal.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. ) ## 12103. Application for a permit, as required under Section 12101, shall be made by filing a statement on forms prescribed by the State Fire Marshal. Such statement shall contain, but shall not necessarily be limited to, the following: (a) The name and address of the applicant. (b) The name and address of the employee or authorized representatives designated by the applicant as being responsible for the use, handling, storage, possession, or transportation of explosives for the applicant and whether the employee or authorized representative has been issued a blaster’s license by the Division of Industrial Safety to use or handle explosives. (c) The place where, and the purpose for which, the explosives are intended to be used, handled, stored, or possessed. (d) The type and amount of explosives for which application is made. (e) The signature of the applicant. (f) The number of times purchases may be made and the frequency of such purchases. (g) The routes, highways, and stopping places intended to be utilized in transporting the explosives. (Amended by Stats. 1976, Ch. 1094.)
  99. 121030.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 8. Acquired Immune Deficiency Syndrome (AIDS) Public Health Records Confidentiality Act [121025 - 121035] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section says other specified chapters supersede this chapter, and this chapter also supersedes Section 100330 in the stated overlapping situations.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 8. Acquired Immune Deficiency Syndrome (AIDS) Public Health Records Confidentiality Act [121025 - 121035] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 covered by this chapter, Chapters 7 and 10 shall supersede this chapter. (b) This chapter supersedes Section 100330 to the extent it applies to records or information covered by Section 100325 or 100330. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  100. 121035.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 8. Acquired Immune Deficiency Syndrome (AIDS) Public Health Records Confidentiality Act [121025 - 121035] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines key terms used in the chapter, including “disclosed,” “state or local public health agencies,” and “confidential public health record or records.”

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 8. Acquired Immune Deficiency Syndrome (AIDS) Public Health Records Confidentiality Act [121025 - 121035] ( Chapter 8 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 or local public health agencies” are the department, and any local entity that a health officer, as defined in Section 120100, serves. (c) “Confidential public health record or records” means any paper or electronic record maintained by the department or a local health department or agency, or its agent, that includes data or information in a manner that identifies personal information, including, but not limited to, name, social security number, address, employer, or other information that may directly or indirectly lead to the identification of the individual who is the subject of the record. (Amended by Stats. 2006, Ch. 20, Sec. 8. Effective April 17, 2006.)
  101. 12105.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    The issuing authority must issue a permit only if the applicant has adequate facilities and the permit is not contrary to public welfare and safety; for storage permits, the facility must be inspected and approved first, and a fee is required before issuance.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. ) ## 12105. If the issuing authority finds, after reviewing the application for a permit, that the applicant possesses sufficient and adequate facilities to conduct the acts specified in the application, and that the issuance of such permit would not appear to be contrary to the public welfare and safety, he shall issue a permit authorizing the applicant to engage in such specific acts. Before issuing a permit for the storage of explosives, the issuing authority shall first inspect and approve the storage facility. No application for such a permit shall be approved by the issuing authority unless the storage facility is in strict compliance with the regulations adopted by the State Fire Marshal pursuant to Section 12081. In addition, the issuing authority may, at his discretion, require the submission of any personal information relevant to the acts for which application is made. A permit shall not be issued until after the payment of a fee of ten dollars ($10), unless the quantity of explosives is 100 pounds or less, in which case the fee shall be two dollars ($2). The permit fee shall be equally divided and deposited into the treasury of the city, county, or city and county having jurisdiction over the issuing authority and into the State Treasury. (Amended by Stats. 1970, Ch. 1425.)
  102. 12105.1.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    An explosives permit is normally delayed for one week after application, unless an emergency or certain proof-based conditions justify earlier issuance; if nothing is decided within 14 days, the issuing authority must explain the delay.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. ) ## 12105.1. Except in a case in which the issuing authority determines that the explosives are necessary because of an emergency involving a danger to persons or property, no permit shall normally be issued until one week has elapsed after application is made. If the applicant gives evidence that he has previously been issued an explosives permit pursuant to this part and if the legitimacy of the purpose for which the current application is made is clearly apparent to the issuing authority, the issuing authority may in his discretion issue a permit before one week has elapsed. If no affirmative action is taken on the application within 14 days after the application is made, the issuing authority shall explain the cause for such delay to the applicant. (Amended by Stats. 1972, Ch. 1011.)
  103. 12105.2.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    A copy of each permit issued must be forwarded to the State Bureau of Criminal Identification and Investigation in Sacramento.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. ) ## 12105.2. A copy of each permit issued shall be forwarded to the State Bureau of Criminal Identification and Investigation in Sacramento. (Added by Stats. 1970, Ch. 1425.)
  104. 121050.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure [121050 - 121070] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section says AIDS and other communicable diseases are a major public health and safety concern, states the chapter’s purpose is to require vital information to be obtained and disclosed appropriately, and says the chapter is intended to override conflicting laws on covered subjects.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure [121050 - 121070] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 health and safety. The health and safety of the public, victims of sexual crimes, and peace officers, firefighters, and custodial personnel who may come into contact with infected persons, have not been adequately protected by law. The purpose of this chapter is to require that information that may be vital to the health and safety of the public, victims of certain crimes, certain defendants and minors, and custodial personnel, custodial medical personnel, peace officers, firefighters and emergency medical personnel put at risk in the course of their official duties, be obtained and disclosed in an appropriate manner in order that precautions can be taken to preserve their health and the health of others or that those persons can be relieved from groundless fear of infection. It is the intent of this chapter to supersede in case of conflict existing statutes or case law on the subjects covered including but not limited to the confidentiality and consent provisions contained in Chapter 7 (commencing with Section 120975), Chapter 8 (commencing with Section 121025), and Chapter 10 (commencing with Section 121075). (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996. Note: Stats. 1995, Ch. 415, reenacted in this section the provisions from Section 199.95 as added on Nov. 8, 1988, by initiative Prop. 96.)
  105. 121055.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure [121050 - 121070] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Certain defendants and minors may be ordered by the court to undergo testing, and the court must hold a prompt hearing on petitions under this section.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure [121050 - 121070] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 of, or former Section 288a of, the Penal Code, and any minor with respect to whom a petition has been filed in a juvenile court alleging violation of any of the foregoing laws, shall be subject to an order of a court having jurisdiction of the complaint or petition requiring testing as provided in this chapter. If an alleged victim listed in the complaint or petition makes a written request for testing under this section, the prosecuting attorney, or the alleged victim may petition the court for an order authorized under this section. The court shall promptly conduct a hearing upon any such petition. If the court finds that probable cause exists to believe that a possible transfer of blood, saliva, semen, or other bodily fluid took place between the defendant or minor and the alleged victim in an act specified in this section, the court shall order that the defendant or minor provide two specimens of blood for testing as provided in this chapter. Copies of the test results shall be sent to the defendant or minor, each requesting victim and, if the defendant or minor is incarcerated or detained, to the officer in charge and the chief medical officer of the facility where the person is incarcerated or detained. (Amended by Stats. 2018, Ch. 423, Sec. 37. (SB 1494) Effective January 1, 2019.)
  106. 121056.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure [121050 - 121070] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Certain forensic employees may seek an ex parte court order for forensic evidence testing after contact with bodily fluids, and the court must act promptly if probable cause is shown.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure [121050 - 121070] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121056. (a) Any forensic scientist, including, but not limited to, any criminalist, toxicologist, and forensic pathologist, or any other employee required to handle or perform DNA or other forensic evidence analysis within the scope of his or her duties, who comes into contact with blood or other bodily fluids on, upon, or through the skin or membranes of his or her person while handling or performing testing on forensic evidence, may petition, ex parte, the court having jurisdiction over the laboratory in which he or she works for an order authorized under this chapter. The employing agency, officer, or entity of the affected employee may also file an ex parte petition for an order authorized under this chapter. Before filing a petition, the requesting party shall make a reasonable effort to obtain the consent of the person whose blood or bodily fluids is to be tested. (b) The court shall promptly consider any petition filed pursuant to this section. If the court finds that probable cause exists to believe that a possible transfer of blood, saliva, semen, or other bodily fluid took place between the forensic evidence collected and the forensic scientist, criminalist, toxicologist, forensic pathologist, or any other employee required to handle evidence or perform forensic testing thereon as specified in this section, the court shall promptly order that the existing forensic evidence be tested as provided in this chapter. (c) (1) Except as provided in paragraph (2), copies of the test results shall be sent to each requesting employee named in the petition, and his or her employing agency, officer, or entity, to the person whose sample was tested, and to the officer in charge and the chief medical officer of the facility in which the person is incarcerated or detained. (2) The person whose sample was tested, shall be advised that he or she will be informed of the HIV test results only if he or she wishes to be so informed. If the person declines to be informed of the HIV test results, then he or she shall sign a form documenting that refusal. The person’s refusal to sign that form shall be construed to be a request to be informed of the HIV test results. (Added by Stats. 2001, Ch. 482, Sec. 1. Effective January 1, 2002.)
  107. 12106.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    An explosives permit applicant may have to show local-ordinance-required financial security, such as a bond, insurance policy, cash, or other acceptable security.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. ) ## 12106. When required by and in amounts set forth in local ordinance, the applicant for a permit for explosives shall submit evidence that the applicant has a minimum and specified amount of funds available for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit and from which any legal judgment results. Such evidence, when required, shall be a bond issued by an authorized surety company or a public liability insurance policy or cash or other evidence of financial security acceptable to the State Fire Marshal. The minimum amount of any such bond or insurance policy shall be determined by the appropriate issuing authority. The provisions of this section do not apply to any public entity, as defined in Section 811.2 of the Government Code. (Amended by Stats. 1970, Ch. 1425.)
  108. 121060.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure [121050 - 121070] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section sets out when an arrestee exposed to blood or bodily fluids may be tested for HIV, hepatitis B, and hepatitis C, and how consent, court petitions, specimen collection, and result disclosure work.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure [121050 - 121070] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 Penal Code, a custody assistant, as that term is defined in subdivision (a) of Section 831.7 of the Penal Code, a nonsworn uniformed employee of a law enforcement agency whose job entails the care or control of inmates in a detention facility, a nonsworn employee of a law enforcement agency whose job description entails the collection of fingerprints, or emergency medical personnel who, while acting within the scope of his or her duties, is exposed to an arrestee’s blood or bodily fluids, as defined in Section 121060.1, shall do the following: (1) Prior to filing a petition with the court, a licensed health care provider shall notify the arrestee of the bloodborne pathogen exposure and make a good faith effort to obtain the voluntary informed consent of the arrestee or the arrestee’s authorized legal representative to perform a test for human immunodeficiency virus (HIV), hepatitis B, and hepatitis C. The voluntary informed consent shall be in writing. Once consent is given in writing, the arrestee shall provide three specimens of blood for testing as provided in this chapter. (2) If voluntary informed consent is not given in writing, the affected individual may petition, ex parte, the court for an order requiring testing as provided in this chapter. The petition shall include a written certification by a health care professional that an exposure, including the nature and extent of the exposure, has occurred. (b) The court shall promptly conduct a hearing upon a petition filed pursuant to paragraph (2) of subdivision (a). If the court finds that probable cause exists to believe that a possible bloodborne pathogen exposure, as defined in Section 121060.1, took place between the arrestee and the peace officer, firefighter, custodial officer, custody assistant, nonsworn uniformed employee of a law enforcement agency whose job entails the care or control of inmates in a detention facility, nonsworn employee of a law enforcement agency whose job description entails the collection of fingerprints, or emergency medical personnel, as specified in this section, the court shall order that the arrestee provide three specimens of blood for testing as provided in this chapter. (c) (1) Except as provided in paragraph (2), copies of the test results shall be sent to the arrestee, each peace officer, firefighter, custodial officer, custody assistant, nonsworn uniformed employee of a law enforcement agency whose job entails the care or control of inmates in a detention facility, nonsworn employee of a law enforcement agency whose job description entails the collection of fingerprints, and emergency medical personnel named in the petition and his or her employing agency, officer, or entity, and if the arrestee is incarcerated or detained, to the officer in charge and the chief medical officer of the facility where the person is incarcerated or detained. (2) The person whose sample was tested, shall be advised that he or she will be informed of the hepatitis B, hepatitis C, and HIV test results only if he or she wishes to be so informed. If the person consents to be informed of the hepatitis B, hepatitis C, and HIV test results, then he or she shall sign a form documenting that consent. The person’s refusal to sign that form shall be construed to be a refusal to be informed of the hepatitis B, hepatitis C, and HIV test results. (3) Except as otherwise provided under this section, all confidentiality requirements regarding medical records shall apply to the test results obtained. (Amended by Stats. 2010, Ch. 688, Sec. 1. (AB 2635) Effective January 1, 2011. Note: Stats. 1995, Ch. 415, reenacted in this section the provisions from Section 199.97 as added on Nov. 8, 1988, by initiative Prop. 96.)
  109. 121060.1.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure [121050 - 121070] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines “bloodborne pathogen exposure” and “bodily fluids” for Section 121060.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure [121050 - 121070] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 sharp object, or the contact of nonintact skin or mucous membranes with any of the bodily fluids identified in subdivision (b), in accordance with the most current bloodborne pathogen exposure definition established by the federal Centers for Disease Control and Prevention. (b) “Bodily fluids” means any of the following: (1) Blood. (2) Tissue. (3) Mucous containing visible blood. (4) Semen. (5) Vaginal secretions. (Added by Stats. 2008, Ch. 554, Sec. 2. Effective January 1, 2009.)
  110. 121065.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure [121050 - 121070] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section limits who may draw blood, requires court-ordered laboratory testing, protects confidentiality of certain test information, bars the specimens and test results from criminal or juvenile evidence use, and gives immunity from civil liability for covered actions.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure [121050 - 121070] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121065. (a) The withdrawal of blood shall be performed in a medically approved manner. Only a physician, registered nurse, licensed vocational nurse, licensed medical technician, or licensed phlebotomist may withdraw blood specimens for the purposes of this chapter. (b) The court shall order that the blood specimens be transmitted to a licensed medical laboratory and that tests be conducted thereon for medically accepted indications of exposure to or infection by HIV, hepatitis B, and hepatitis C. (c) (1) The test results shall be sent to the designated recipients with the following disclaimer: “The tests were conducted in a medically approved manner. Persons receiving this test result should continue to monitor their own health and should consult a physician as appropriate. Recipients of these test results are subject to existing confidentiality protections for any identifying information about HIV, hepatitis B, or hepatitis C test results. Medical information regarding the HIV, hepatitis B, or hepatitis C status of the source patient shall be kept confidential and may not be further disclosed, except as otherwise authorized by law.” (2) The exposed individual shall also be informed of the penalties for disclosure for which he or she would be personally liable pursuant to Section 120980. If the person subject to the test is a minor, copies of the test result shall also be sent to the minor’s parents or guardian. (d) The court shall order all persons, other than the test subject, who receive test results pursuant to Sections 121055, 121056, or 121060, to maintain the confidentiality of personal identifying data relating to the test results except for disclosure that may be necessary to obtain medical or psychological care or advice. (e) The specimens and the results of tests ordered pursuant to Sections 121055, 121056, and 121060 shall not be admissible evidence in any criminal or juvenile proceeding. (f) Any person performing testing, transmitting test results, or disclosing information pursuant to the provisions of this chapter shall be immune from civil liability for any action undertaken in accordance with the provisions of this chapter. (Amended by Stats. 2008, Ch. 554, Sec. 3. Effective January 1, 2009. Note: Stats. 1995, Ch. 415, reenacted in this section the provisions from Section 199.98 as added on Nov. 8, 1988, by initiative Prop. 96.)
  111. 12107.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    The issuing authority must deny a permit when, in its reasonable discretion, it thinks the handling or use of explosives would be hazardous or dangerous.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. ) ## 12107. The issuing authority shall, in the exercise of reasonable discretion, deny a permit to any person if it is his opinion that the handling or use of explosives by such person would be hazardous to property or dangerous to any person. (Amended by Stats. 1970, Ch. 1425.)
  112. 121070.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure [121050 - 121070] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Certain medical personnel must report specified AIDS or communicable-disease information to the facility officer in charge, and the officer must inform relevant staff while keeping identifying data confidential.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 9. Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure [121050 - 121070] ( Chapter 9 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 and county to provide service at any state prison, the Medical Facility, any Youth Authority institution, any county jail, city jail, hospital jail ward, juvenile hall, juvenile detention facility, or any other facility where adults are held in custody or minors are detained, or any medical personnel employed, under contract, or receiving payment to provide services to persons in custody or detained at any of the foregoing facilities, who receives information as specified herein that an inmate or minor at the facility has been exposed to or infected by the AIDS virus or has an AIDS-related condition or any communicable disease, shall communicate the information to the officer in charge of the facility where the inmate or minor is in custody or detained. (b) Information subject to disclosure under subdivision (a) shall include the following: any laboratory test that indicates exposure to or infection by the AIDS virus, AIDS-related condition, or other communicable diseases; any statement by the inmate or minor to medical personnel that he or she has AIDS or an AIDS-related condition, has been exposed to the AIDS virus, or has any communicable disease; the results of any medical examination or test that indicates that the inmate or minor has tested positive for antibodies to the AIDS virus, has been exposed to the AIDS virus, has an AIDS-related condition, or is infected with AIDS or any communicable disease; provided, that information subject to disclosure shall not include information communicated to or obtained by a scientific research study pursuant to prior written approval expressly waiving disclosure under this section by the officer in charge of the facility. (c) The officer in charge of the facility shall notify all employees, medical personnel, contract personnel, and volunteers providing services at the facility who have or may have direct contact with the inmate or minor in question, or with bodily fluids from the inmate or minor, of the substance of the information received under subdivisions (a) and (b) so that those persons can take appropriate action to provide for the care of the inmate or minor, the safety of other inmates or minors, and their own safety. (d) The officer in charge and all persons to whom information is disclosed pursuant to this section shall maintain the confidentiality of personal identifying data regarding the information, except for disclosure authorized hereunder or as may be necessary to obtain medical or psychological care or advice. (e) Any person who wilfully discloses personal identifying data regarding information obtained under this section to any person who is not a peace officer or an employee of a federal, state, or local public health agency, except as authorized hereunder, by court order, with the written consent of the patient or as otherwise authorized by law, is guilty of a misdemeanor. (Amended by Stats. 2003, Ch. 468, Sec. 6. Effective January 1, 2004. Note: Stats. 1995, Ch. 415, reenacted in this section the provisions from Section 199.99 as added on Nov. 8, 1988, by initiative Prop. 96.)
  113. 121075.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Personally identifying research records about HIV or AIDS must be kept confidential and generally cannot be disclosed, discovered, or compelled to be produced, except as this chapter allows.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 HIV or AIDS shall be confidential, and these confidential research records shall not be disclosed by any person in possession of the research record, nor shall these confidential research records be discoverable, nor shall any person be compelled to produce any confidential research record, except as provided by this chapter. (Amended by Stats. 2006, Ch. 20, Sec. 9. Effective April 17, 2006.)
  114. 12108.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    The State Fire Marshal prescribes the permit form, local agencies number permits, and each permit must show its expiration date.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. ) ## 12108. The form of the permits shall be prescribed by the State Fire Marshal. Permits shall be numbered by the local agency issuing the permit. The permit shall include on its face the date of expiration of the permit. It shall also include a statement to the effect that any unused portion of explosives authorized by the permit shall either be returned to the source from which the explosives were obtained, destroyed, or returned to an appropriate issuing authority in accordance with Section 12087 or, in lieu thereof, application for a new permit shall be made. (Amended by Stats. 1970, Ch. 1425.)
  115. 121080.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Confidential research records may be disclosed only with the research subject’s prior written consent, and only within the consent’s limits.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 maintained, but only to the extent, under the circumstances, to the persons, and for the purposes the written consent authorizes. Any disclosure authorized by a research subject shall be accompanied by a written statement containing substantially the same language as follows: “This information has been disclosed to you from a confidential research record the confidentiality of which is protected by state law and any further disclosure of it without specific prior written consent of the person to whom it pertains is prohibited. Violation of these confidentiality guarantees may subject you to civil or criminal liabilities.” (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  116. 121085.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Confidential research records must be protected during financial audits or program evaluations, and audit personnel may not identify individual research subjects in audit reports.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121085. (a) Confidential research records shall be protected in the course of conducting financial audits or program evaluations, and audit personnel shall not directly or indirectly identify any individual research subject in any report of a financial audit or program evaluation. To the extent it is necessary for audit personnel to know the identity of individual research subjects, authorized disclosure of confidential research records shall be made on a case-by-case basis, and every prudent effort shall be exercised to safeguard the confidentiality of these research records in accordance with this chapter. Information disclosed for audit or evaluation purposes should be used only for audit and evaluation purposes and may not be redisclosed or used in any other way. (b) Nothing in this section imposes liability or criminal sanction for disclosure of confidential research records in accordance with any reporting requirement for a case of HIV, including AIDS, by the department or the Centers for Disease Control and Prevention under the United States Public Health Services. (Amended by Stats. 2006, Ch. 20, Sec. 10. Effective April 17, 2006.)
  117. 12109.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    Permits are valid for the time period stated on the permit, except as provided in Section 12111.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. ) ## 12109. Except as provided in Section 12111, permits shall be valid for the period of time specified thereon. (Repealed and added by Stats. 1967, Ch. 1497.)
  118. 121090.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Confidential research records may be disclosed in limited situations, even without the research subject’s prior written consent.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121090. Notwithstanding Section 121080, whether or not the research subject, with respect to whom any confidential research record is maintained, gives prior written consent, the content of the confidential research record may be disclosed in any of the following situations: (a) To medical personnel to the extent it is necessary to meet a bona fide medical emergency of a research subject. (b) To the department to the extent necessary for the conduct of a special investigation pursuant to Section 100325, in which case the confidentiality provisions of Chapter 8 (commencing with Section 121025) shall apply. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  119. 121095.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Confidential research records must be disclosed to the research subject, or to the appropriate representative in specified cases, within 30 days after a written request.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 subject is a minor, or the personal representative of a deceased research subject to whom the record pertains, thirty (30) days after written request therefor by the research subject, the legal representative or the personal representative. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  120. 12110.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    Permits issued under this chapter cannot be transferred.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. ) ## 12110. No permit issued under the provisions of this chapter shall be transferable. (Repealed and added by Stats. 1967, Ch. 1497.)
  121. 121100.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Confidential research records generally cannot be compelled in criminal or civil proceedings, subject to court findings and good-cause requirements.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 criminal charge or charges against a research subject, or to conduct an investigation of a research subject, unless a court finds there is reasonable likelihood that the records in question will disclose material information or evidence of substantial value in connection with the criminal charge or charges or investigation, and there is no other practicable way of obtaining the information or evidence. In addition, no confidential research record shall be disclosed, discoverable, or compelled to be produced in order to initiate or substantiate any criminal charge or charges against a research subject until after a showing of good cause. In assessing good cause, the court shall weigh the public interest and need for disclosure against the injury to the research subject and the harm to the research being undertaken. Upon the granting of an order to produce, the court, in determining the extent to which disclosure of all or any part of a confidential research record is necessary, shall impose appropriate safeguards against unauthorized disclosure, that shall include, but not necessarily be limited to, the individuals or bodies that may have access to the data, the purposes for which the data shall be used, prohibitions on further disclosure and protection of the identities of other research subjects. (b) No confidential research record may be compelled to be produced in any state, county, city or other civil proceeding, except as expressly provided in this chapter. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  122. 121105.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Before someone takes part in an HIV or AIDS research study, informed consent must be obtained and each subject must receive a written explanation of researchers’ and subjects’ rights and responsibilities.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 of each research subject shall be obtained in the method and manner required by Section 46.116, (a) and (b), of Part 46 of Title 45 of the Code of Federal Regulations and be documented in accordance with Section 46.117 of that part. (b) Each research subject shall be provided with an explanation in writing, in language understandable to the research subject, of the rights and responsibilities of researchers and research subjects under this chapter. (Amended by Stats. 2006, Ch. 20, Sec. 11. Effective April 17, 2006.)
  123. 12111.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    A permit for explosives may be suspended or revoked by the chief or issuing authority after notice and a hearing if the permit holder uses the explosives unlawfully or in a way that creates an unreasonable hazard.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. ) ## 12111. A permit may be suspended or revoked, after reasonable notice and hearing, by any chief or issuing authority in the area in which explosives are sold, used, stored, handled, or possessed, if the person to whom the permit was issued sells, uses, stores, or handles the explosives in a manner which is unlawful or which creates an unreasonable hazard to life and property. The chief or issuing authority taking action to suspend or revoke a permit shall immediately notify the agency who issued the permit of the action taken and shall also immediately notify the State Bureau of Criminal Identification and Investigation in Sacramento. (Amended by Stats. 1970, Ch. 1425.)
  124. 121110.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section penalizes disclosure of confidential research records to third parties, with exceptions for disclosures made pursuant to the chapter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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, except pursuant to this chapter, shall be assessed a civil penalty in an amount not to exceed two thousand five hundred dollars ($2,500), plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test. (b) Any person who willfully or maliciously discloses the content of any confidential research record, as defined in subdivision (c) of Section 121125, to any third party, except pursuant to this chapter, shall be assessed a civil penalty in an amount not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test. (c) Any person who willfully, maliciously, or negligently discloses the content of any confidential research record, as defined in subdivision (c) of Section 121125, to a third party, except pursuant to this chapter, that results in economic, bodily, or psychological harm to the research subject, is guilty of a misdemeanor, punishable by imprisonment in the 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. (d) Any person who commits any act described in subdivision (a) or (b) shall be liable to the subject for all actual damages for economic, bodily, or psychological harm that is a proximate result of the act. (e) Any person who negligently or willfully violates Section 121105 is guilty of an infraction punishable by a fine of twenty-five dollars ($25). (f) Each violation of this chapter is a separate and actionable offense. (g) Nothing in this section limits or expands the right of an injured research subject to recover damages under any other applicable law. (Amended by Stats. 2006, Ch. 20, Sec. 12. Effective April 17, 2006.)
  125. 121115.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    If an individual’s participation in a research study is disclosed, that information must not be used to decide the research subject’s employability or insurability.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 insurability of the research subject. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  126. 12112.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    A decision or action by a chief or issuing authority under this part may be appealed to the governing body of the area.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 4. Permits [12101 - 12112] ( Chapter 4 added by Stats. 1967, Ch. 1497. ) ## 12112. Any decision or action by any chief or issuing authority made pursuant to this part may be appealed to the governing body of the area in which such decision or action is made. (Amended by Stats. 1970, Ch. 1425.)
  127. 121120.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section allows disclosure of information for research purposes, including sharing raw data, statistics, or case studies, as long as no confidential research records about any research subject are disclosed.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121120. Nothing in this chapter shall preclude disclosure of information in order to further research efforts, including, but not limited to, the publication, dissemination, or sharing of raw data, statistics, or case studies, so long as no confidential research records concerning any research subject are disclosed. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  128. 121125.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines key terms used in the chapter, including “AIDS,” “disclosed,” “confidential research record or records,” and “HIV.”

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act [121075 - 121125] ( Chapter 10 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121125. For purposes of this chapter: (a) “AIDS” means acquired immunodeficiency syndrome. (b) “Disclosed” means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any confidential research record orally, in writing, or by electronic means to any person or entity, or to provide the means for obtaining the records. (c) “Confidential research record or records” means any data or information in a personally identifying form, including name, social security number, address, employer, or other information that could, directly or indirectly, in part or in sum, lead to the identification of the individual research subject, developed or acquired by any person in the course of conducting research or a research study relating to HIV or AIDS. (d) “HIV” means human immunodeficiency virus. (Amended by Stats. 2006, Ch. 20, Sec. 13. Effective April 17, 2006.)
  129. 121150.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants [121150 - 121180] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The Legislature states that California has developed a draft state AIDS plan and intends to carry out recommendations on infectious-disease screening of blood and other body parts and fluids, and on notifying donors of screening results.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants [121150 - 121180] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 comprehensive, coordinated government action against AIDS and HIV infection. It is the intention of the Legislature to implement those recommendations pertaining to infectious-disease screening of blood and other body parts and fluids, and to notifying donors of the results of those screening tests. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  130. 121155.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants [121150 - 121180] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This provision creates an AIDS Advisory Committee in the state department and provides that it will be abolished on July 1, 1990 unless later extended by legislative action.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants [121150 - 121180] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 knowledge or expertise in the area of public health or AIDS research, or have been educated in the areas for which the grants are to be directed by the committee. These members shall be appointed by the following: (1) Two by the Speaker of the Assembly. (2) Two by the Senate Rules Committee. (3) Four by the Governor. (b) In addition to the membership prescribed by subdivision (a), the following persons shall be ex officio members: (1) The Director of Health Services or a designee shall be a voting member. (2) The Director of Mental Health, or a designee, a designee, requested to be appointed by the President of the University of California, with knowledge, experience, and responsibility for the university-wide allocation of AIDS research grants, shall be nonvoting members. (c) The committee shall be abolished effective July 1, 1990, unless extended by subsequent legislative action. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  131. 121160.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants [121150 - 121180] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    AIDS Advisory Committee members serve at the appointing powers’ pleasure, do not receive compensation, and may be reimbursed for necessary travel and other expenses. The committee must advise and assist the state and work with the department on AIDS prevention, education, and knowledge-building.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants [121150 - 121180] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 reimbursed for necessary and travel expenses incurred in the performance of the duties of the committee. The committee shall advise and assist the state in addressing the public health issues associated with Acquired Immune Deficiency Syndrome, and shall work with the department in statewide efforts to promote primary prevention, public education, and the advancement of knowledge regarding Acquired Immune Deficiency Syndrome. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  132. 121165.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants [121150 - 121180] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The committee may set grant rules or criteria, review grant applications, recommend approval by the director, and monitor funded programs.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants [121150 - 121180] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 and recommend approval by the director of grant applications and monitor programs receiving grants under this chapter. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  133. 121170.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants [121150 - 121180] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The director may award grants for AIDS-related education, workshops, research, and related support activities.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants [121150 - 121180] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 activities that may include, but need not be limited to, any of the following: (a) Education regarding primary prevention for high risk groups. (b) Public education to reduce panic and lessen unnecessary anxiety about AIDS among California residents. (c) Interdisciplinary or educational workshops to facilitate the interchange of knowledge among investigators regarding AIDS and related disorders. (d) Research grants that would assist the state with the educational efforts outlined in subdivisions (a) and (b). (e) Grants to provide seed money for larger grants funded by the federal government or other sources. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  134. 121175.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants [121150 - 121180] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department may accept federal funds and private or public gifts, donations, bequests, or grants for the chapter’s purposes.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants [121150 - 121180] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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, bequest, or grant of funds from a private or public agency for any of the purposes of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  135. 121180.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants [121150 - 121180] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    No more than 10% of money appropriated for this chapter may be used to administer the chapter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 11. Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants [121150 - 121180] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121180. Not more than 10 percent of any money appropriated for purposes of this chapter shall be utilized for the administration of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  136. 1212.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    To get or change a clinic license, applicants must submit a verified application and required information to the department, and certain changes must be reported in writing before or within set deadlines.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1212. (a) Any person, firm, association, partnership, or corporation desiring a license for a clinic or a special permit for special services under the provisions of this chapter, shall file with the department a verified application on forms prescribed and furnished by the department, containing the following: (1) Evidence satisfactory to the department that the applicant is of reputable and responsible character. If the applicant is a firm, association, partnership, trust, corporation, or other artificial or legal entity, like evidence shall be submitted as to the members, partners, trustees or shareholders, directors, and officers thereof and as to the person who is to be the administrator of, and exercise control, management, and direction of the clinic for which application is made. (2) If the applicant is a partnership, the name and principal business address of each partner, and, if any partner is a corporation, the name and principal business address of each officer and director of the corporation and name and business address of each stockholder owning 10 percent or more of the stock thereof. (3) If the applicant is a corporation, the name and principal business address of each officer and director of the corporation, and if the applicant is a stock corporation, the name and principal business address of each stockholder holding 10 percent or more of the applicant’s stock and, if any stockholder is a corporation, the name and principal business address of each officer and director of the corporate stockholder. (4) Evidence satisfactory to the department of the ability of the applicant to comply with the provisions of this chapter and rules and regulations promulgated under this chapter by the department. (5) The name and address of the clinic, and if the applicant is a professional corporation, firm, partnership, or other form of organization, evidence that the applicant has complied with the requirements of the Business and Professions Code governing the use of fictitious names by practitioners of the healing arts. (6) The name and address of the professional licentiate responsible for the professional activities of the clinic and the licentiate’s license number and professional experience. (7) The class of clinic to be operated, the character and scope of advice and treatment to be provided, and a complete description of the building, its location, facilities, equipment, apparatus, and appliances to be furnished and used in the operation of the clinic. (8) Sufficient operational data to allow the department to determine the class of clinic that the applicant proposes to operate and the initial license fee to be charged. (9) Any other information as may be required by the department for the proper administration and enforcement of this chapter, including, but not limited to, evidence that the clinic has a written policy relating to the dissemination of the following information to patients: (A) A summary of current state laws requiring child passenger restraint systems to be used when transporting children in motor vehicles. (B) A listing of child passenger restraint system programs located within the county, as required by Section 27360 or 27362 of the Vehicle Code. (C) Information describing the risks of death or serious injury associated with the failure to utilize a child passenger restraint system. (10) The information required pursuant to this section shall be provided to the Licensing and Certification Program upon initial application for licensure. Unless otherwise specified, any change in the information that requires the licensee to submit a report of change or written notification to the Licensing and Certification Program shall be provided within 10 business days of the change along with any applicable fee according to subdivision (b) of Section 1266. (b) (1) No application is required if a licensed primary care clinic adds a service that is not a special service, as defined in Section 1203, or any regulation adopted under that section, or remodels or modifies, or adds an additional physical plant maintained and operated on separate premises to, an existing primary care clinic site. However, the clinic shall notify the department, in writing, of the change in service or physical plant no less than 60 days prior to adding the service or remodeling or modifying, or adding an additional physical plant maintained and operated on a separate premises to, an existing primary care clinic site. Nothing in this subdivision shall be construed to limit the authority of the department to conduct an inspection at any time pursuant to Section 1227, in order to ensure compliance with, or to prevent a violation of, this chapter, or any regulation adopted under this chapter. (2) If applicable city, county, or state law obligates the primary care clinic to obtain a building permit with respect to the remodeling or modification to be performed by the clinic, or the construction of a new physical plant, the primary care clinic shall provide a signed certification or statement as described in Section 1226.3 to the department within 60 days following completion of the remodeling, modification, or construction project covered by the building permit. (c) In the course of fulfilling its obligations under Section 1221.09, the department shall ensure that any application form utilized by a primary care clinic, requiring information of the type specified in paragraph (1), (4), (8), or (9) of subdivision (a), is consistent with the requirements of Section 1225, including the requirement that rules and regulations for primary care clinics be separate and distinct from the rules and regulations for specialty clinics. Nothing in this section shall be construed to require the department to issue a separate application form for primary care clinics. (d) (1) The department, upon written notification by a primary care clinic or an affiliate clinic of its intent to add an additional physical plant maintained and operated on separate premises, as described in paragraph (1) of subdivision (b) and upon payment of a licensing fee for each additional physical plant added, shall review the information provided in the notification, and if the information submitted is in compliance with the requirements specified in this subdivision, the department shall approve the additional physical plant within 30 days of all information being submitted and shall amend the primary care clinic or affiliate clinic’s license to include the additional physical plant as part of a single consolidated license. If the notification does not include the information required by this subdivision, the department shall notify the licensee of the need for additional information and shall not amend the license to add the additional physical plant until the additional information is received and reviewed by the department. (2) Written notification shall include evidence that the primary care clinic or affiliate clinic is licensed in good standing and otherwise meets the criteria specified in this subdivision. In issuing the single consolidated license, the department shall specify the location of each physical plant. (3) The written notification shall demonstrate compliance with all of the following criteria: (A) There is a single governing body for all the facilities maintained and operated by the licensee. (B) There is a single administration for all the facilities maintained and operated by the licensee. (C) There is a single medical director for all the facilities maintained and operated by the licensee, with a single set of bylaws, rules, and regulations. (D) The additional physical plant meets minimum construction standards of adequacy and safety for clinics found in the most recent version of the California Building Standards Code and prescribed by the Office of Statewide Health Planning and Development, as required in subdivision (b) of Section 1226. Compliance with the minimum construction standards of adequacy and safety may be established as specified in Section 1226.3. (E) The additional physical plant meets fire clearance standards. (4) The written notification required to be submitted pursuant to this subdivision shall include all of the following documentation: (A) The name and address of the licensee’s corporation administrative office, including the name and contact information for the corporation’s chief executive officer or executive director. (B) The name and address of, and the hours of operation and services provided by, the additional physical plant. (C) A copy of any document confirming the corporation’s authority to control the additional physical plant. Examples of acceptable documentation include, but shall not be limited to, a lease or purchase agreement, grant deed, bill of sale, sublease, rental agreement, or memorandum of understanding between the owner of the property and the proposed licensee. (5) A primary care clinic or an affiliate clinic may add additional physical plants pursuant to this section that are no more than one-half mile from the licensed clinic adding the additional physical plant under a consolidated license. (6) Upon renewal of a consolidated license approved pursuant to this subdivision, a licensee fee shall be required for each additional physical plant approved on the license. (Amended by Stats. 2024, Ch. 40, Sec. 6. (SB 159) Effective June 29, 2024.)
  137. 12120.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 5. Sale or Other Disposition [12120 - 12124] ( Chapter 5 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    A person may not knowingly transfer explosives to someone who lacks the required valid permit, with listed Department of Defense-related transactions excepted.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 5. Sale or Other Disposition [12120 - 12124] ( Chapter 5 added by Stats. 1967, Ch. 1497. ) ## 12120. No person shall knowingly sell, give away, deliver, or otherwise dispose of any explosive to any person who does not possess a valid permit as required pursuant to Section 12101. The provisions of this section and subdivisions (e) and (f) of Section 12122 do not apply to transactions by the Department of Defense or to the transactions of an agency or organization acting pursuant to contract with the Department of Defense. (Amended by Stats. 1968, Ch. 662.)
  138. 121200.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 12. Acquired Immune Deficiency Syndrome (AIDS) Vaccine Research and Development Grant Program [121200 - 121225] ( Chapter 12 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The Legislature states that AIDS is an epidemic, vaccine research is the long-term solution, and grants to private entities developing an AIDS vaccine should be reimbursed to the state from vaccine sales once the vaccine is FDA-approved for general use.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 12. Acquired Immune Deficiency Syndrome (AIDS) Vaccine Research and Development Grant Program [121200 - 121225] ( Chapter 12 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 Californians by 1990. (b) The estimated cost of medical care alone for the 4,000 AIDS cases that have occurred to date in California totals approximately two hundred fifty million dollars ($250,000,000). By the end of 1990, medical care is projected to approach three billion five hundred million dollars ($3,500,000,000) and the total public health and medical care expenditures are expected to exceed five billion dollars ($5,000,000,000). (c) There is no cure for the AIDS virus. The long-term solution to the elimination of AIDS lies in conducting vaccine research. (d) Much research has already been completed by the private sector and should be utilized to the maximum extent possible, including supplementing with public funds. (e) Profitmaking corporations are (1) not eligible for most of the existing public funding sources as are institutions of higher learning and nonprofit corporations; (2) when eligible, the public funding amounts are not adequate to conduct research; and (3) private grants are only available to nonprofit corporations. (f) Moreover, private research companies, already having established vaccine development and manufacturing capabilities, are uniquely situated to maximize available resources and to utilize both management and research staff, equipment, and technical innovations to their greatest efficiency towards the specific goal of developing and manufacturing an AIDS vaccine at the earliest possible time. (g) Exclusion of private corporations from public funding to develop an approved vaccine will likely result in (1) a delay in the development of a vaccine to prevent AIDS; (2) continued spread of AIDS to the general population; and (3) continued increases in private and public funds to provide care to AIDS victims. (h) It is appropriate to mandate that a grant made to a private entity to develop an AIDS vaccine, once the vaccine has been approved by the FDA for use by the general population, should be reimbursed to the state from the sale of the vaccine. (Amended by Stats. 1997, Ch. 294, Sec. 18. Effective August 18, 1997.)
  139. 12121.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 5. Sale or Other Disposition [12120 - 12124] ( Chapter 5 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    People who handle explosives must keep a detailed record of each possession, use, sale, delivery, gift, or other disposition, and keep the record for at least three years.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 5. Sale or Other Disposition [12120 - 12124] ( Chapter 5 added by Stats. 1967, Ch. 1497. ) ## 12121. Every person who possesses, stores, uses, sells, gives away, delivers, or otherwise disposes of explosives shall keep an accurate journal, record book, or a record of sale in which he shall note each possession, storage, use, sale, delivery, gift, or other disposition of an explosive and the time when such disposition is made whether in the course of business or otherwise. Such journal, record book, or the record of sale shall be kept on file for a period of not less than three years. Field records required to be kept pursuant to Section 12123 need be kept in the appropriate county only for the period of the possession, storage, use, sale, gift, delivery, or other disposition of explosives within that county, after which time the field records may be destroyed. (Amended by Stats. 1970, Ch. 1425.)
  140. 12122.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 5. Sale or Other Disposition [12120 - 12124] ( Chapter 5 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    Records of explosives sales or other dispositions must clearly show specified details.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 5. Sale or Other Disposition [12120 - 12124] ( Chapter 5 added by Stats. 1967, Ch. 1497. ) ## 12122. Each notation in the journal, record book, or each record of sale, as required by Section 12121, shall legibly show: (a) The date of each purchase or receipt, storage, use, sale, delivery, gift, or other disposition of explosives. (b) The name and quantity of the explosives possessed, stored, used, sold, delivered, given away, or otherwise disposed of. (c) The name, address, and business of the purchaser or transferee, where applicable. (d) When the explosives are to be transported under Division 14 (commencing with Section 31600) of the Vehicle Code, the permit number issued by the California Highway Patrol; or when transported other than under Division 14 (commencing with Section 31600) of the Vehicle Code, the vehicle operator’s license number or other comparable identification, the motor vehicle license number of the vehicle used, and the name and address of the individual to whom the explosives are to be delivered. (e) The number of the permit to receive explosives. (f) The name of the public agency which issued the permit and the name of the officer issuing such permit. (Amended by Stats. 1970, Ch. 1425.)
  141. 121225.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 12. Acquired Immune Deficiency Syndrome (AIDS) Vaccine Research and Development Grant Program [121200 - 121225] ( Chapter 12 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A grant recipient that sells, delivers, or distributes a qualifying AIDS vaccine must repay the grant through $1-per-dose payments, and later through a negotiated royalty after the grant is fully repaid.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 12. Acquired Immune Deficiency Syndrome (AIDS) Vaccine Research and Development Grant Program [121200 - 121225] ( Chapter 12 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 population and that was developed in whole or in part using a grant awarded pursuant to this chapter, the State of California shall be reimbursed for the grant as provided in this section. Until the total amount of the grant is repaid, repayments in the amount of one dollar ($1) per dose from the sale of the AIDS vaccine shall be deposited by the grant recipient into the General Fund. Upon payment in full of the grant amount into the General Fund, a royalty on the sale of the vaccine from the grant recipient shall be deposited into the General Fund. The percentage amount of the royalty shall be negotiated at the time of the grant award. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  142. 12123.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 5. Sale or Other Disposition [12120 - 12124] ( Chapter 5 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    The required sale record must be kept at the person’s principal office or business place, and it must be available for inspection by authorized law enforcement on proper demand.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 5. Sale or Other Disposition [12120 - 12124] ( Chapter 5 added by Stats. 1967, Ch. 1497. ) ## 12123. The journal, record book or record of sale shall be kept by the person required to keep it in his principal office or place of business. It shall be at all times, on proper demand, subject to the inspection and examination of any chief or other duly authorized law enforcement official. In addition, if the principal office or place of business is located in a place other than the county within which the explosives are possessed, stored, used, sold, given away, delivered, or otherwise disposed of, field records shall be kept in that county during the period of such possession, storage, use, sale, gift, delivery or other disposition. (Amended by Stats. 1970, Ch. 1425.)
  143. 12124.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 5. Sale or Other Disposition [12120 - 12124] ( Chapter 5 added by Stats. 1967, Ch. 1497. )

    Verify source ↗

    Some people are exempt from the recordkeeping rules for explosive sales and dispositions.

    ## Health and Safety Code - HSC ## DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) ## PART 1. HIGH EXPLOSIVES [12000 - 12401] ( Part 1 repealed and added by Stats. 1967, Ch. 1497. ) ## CHAPTER 5. Sale or Other Disposition [12120 - 12124] ( Chapter 5 added by Stats. 1967, Ch. 1497. ) ## 12124. The keeping of a journal, record book, or record of sale required by Sections 12121, 12122, and 12123 does not apply to those persons who are rendering a delivery service under a permit issued by the California Highway Patrol pursuant to Division 14 (commencing with Section 31600) of the Vehicle Code, nor does it apply to any possessor or user of explosives not required to have a permit under Section 12102. A journal, record book, or record of sale need not be kept by anyone who is in lawful possession of an explosive and who receives and detonates all such explosives within a 24-hour period. (Amended by Stats. 1970, Ch. 1425.)
  144. 121250.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13. Acquired Immune Deficiency Syndrome (AIDS) Immunization [121250 - 121281] ( Chapter 13 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The Legislature states findings about the AIDS epidemic and says California should take exceptional action to speed development and production of an AIDS vaccine.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13. Acquired Immune Deficiency Syndrome (AIDS) Immunization [121250 - 121281] ( Chapter 13 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121250. The Legislature finds and declares all of the following: (a) The rapidly spreading AIDS epidemic poses an unprecedented major public health crisis in California, and threatens, in one way or another, the life and health of every Californian. (b) The best hope of stemming the spread of the AIDS virus among the general public is the development of an AIDS vaccine to develop an immunity to exposure. (c) No vaccine has yet been fully developed, tested, or approved for AIDS. An effective vaccine, especially when directed at high-risk groups of unexposed persons, will virtually eliminate the risk of contracting AIDS, just as the risk of contracting polio and smallpox have been virtually eliminated by earlier vaccine development, production, and use among the general public. (d) Private industry today has the capability of conducting the vaccine research, biological research, immunology, and genetic engineering of appropriate viral components needed to formulate, develop, produce, and test an AIDS vaccine. Whenever these and other appropriate expertise cannot be found within a single company, the formation of multiinstitutional research groups should be encouraged and prioritized, as it is in the public interest to encourage efforts toward vaccine production. (e) It is of the highest importance and in the public interest to maximize public protection by developing an AIDS vaccine and by establishing high levels of immunization, initially among high-risk populations. (f) The continuous spread of AIDS and especially the threat of infection spreading among population groups previously considered low-risk demands that the highest of priorities be given to the development of a universal immunoprophylaxis. (g) The use of vaccines to control the spread of infectious pathogens is recognized as one of the genuinely decisive technologies of modern medicine. Recent advances in pharmaceutical technology combined with better understanding of the immune process offer the hope of an AIDS vaccine that is effective, safe, relatively inexpensive, and relatively easy to administer. (h) Utilization of this new science may be forestalled, however, by problems that have recently deterred the development of vaccines by traditional means. These problems must be resolved before the full public health benefits of new approaches to vaccine development can be fully and expeditiously realized. (i) The marketplace conditions facing vaccine manufacturers and developers today have changed considerably over the past 30 years. Private manufacturers and developers of vaccines cannot be forced to produce vaccines, and may choose, under the free enterprise system, not to produce them if marketplace conditions are unfavorable. (j) Certain market conditions are slowing and threatening to halt the development of an AIDS vaccine. Any delay in the discovery, testing, approval, and production of the vaccine because of these secondary considerations may cost tens of thousands of human lives annually, unnecessary pain and suffering for hundreds of thousands of infected Americans, and billions of dollars in medical costs and in lost productivity. (k) Resource constraints in the public and private sectors and the time required to bring vaccines to market presently limit investments in vaccines research and development. Although universities constitute a significant resource in AIDS research in particular and vaccines research in general, university funding limitations and conflicting research priorities make reliance on the resources and expertise of the private pharmaceutical industry a necessary supplement to public funding of AIDS research. ( l) There has been a decrease in the willingness of pharmaceutical companies to become involved in vaccine research, development, and manufacturing because of uncertain profitability and perceived and actual marketplace risks and disincentives. (m) It is clearly in the public interest to provide appropriate and necessary incentives toward the timely development and production of an effective and safe AIDS vaccine. (n) The development of an AIDS vaccine provides an exceptionally important benefit, making its availability highly desirable. However, certain conditions may preclude that development, including the following: (1) There is a high cost for capital expenditures for vaccine development (estimated to be from ten million dollars ($10,000,000) to thirty million dollars ($30,000,000)). Testing costs of clinical trials (twenty million dollars ($20,000,000) per vaccine, by some estimates) are particularly burdensome, especially for smaller firms. (2) There is an uncertain market demand for a vaccine once development costs have been invested and FDA marketing approval has been secured. (o) Without state intervention to assure minimal profitability of an AIDS vaccine, inadequate incentives may exist for the private sector to commit resources and expertise to the accelerated development of an AIDS vaccine. (p) In light of the dangers inherent in the AIDS epidemic to the general public of California, it is crucial that to the extent possible any serious obstacles to the development of a vaccine be removed. (q) Because an AIDS vaccine provides an exceptionally important public benefit, it is in the public interest to take uncommon action to facilitate the development and production of a vaccine. (r) It is as well in the public interest to assure fair compensation, if necessary at public expense, to any innocent victim who may be injured by an AIDS vaccine, as a part of implementing the socially beneficial policy of establishing high levels of AIDS immunization. (s) In light of the high incidence of AIDS amongst Californians, the California Legislature must lead our country into the 20th century in this effort. (t) It is therefore fitting and proper that the State of California enact uncommon and exceptional legislation in order to prevent the further spread of the AIDS epidemic. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  145. 121255.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13. Acquired Immune Deficiency Syndrome (AIDS) Immunization [121250 - 121281] ( Chapter 13 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The Legislature makes findings about AIDS, including its causes, transmission, effects, and the absence of a known cure.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13. Acquired Immune Deficiency Syndrome (AIDS) Immunization [121250 - 121281] ( Chapter 13 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 lymphotropic virus, type III (HTLV-3) that initially cripples the body’s immune system and eventually leaves the body open to an array of lethal opportunistic infections. (b) So far, there is no known cure for AIDS and once a person is AIDS infected, the virus remains throughout the rest of his or her life. (c) The AIDS virus has a three-to-seven year incubation period, making it one of the most difficult diseases to combat and trace. (d) An easily administered blood test can determine whether a person has been exposed to the AIDS virus. (e) In 1979, when AIDS was first diagnosed in the United States, the number of newly diagnosed victims was doubling every six to nine months; today the number of people diagnosed with AIDS doubles each year. (f) Nationally, between 500,000 and 2,000,000 Americans are estimated to have been exposed to the AIDS virus. Of those exposed, between 25,000 and 500,000 persons (5 percent–25 percent) may be expected to die of AIDS. (1) Another 25,000 to 500,000 persons may be expected to develop AIDS Related Complex (ARC). The range of illnesses these individuals will suffer from may range from minor ailments to brain damage. (2) The remaining majority of those exposed may never suffer its consequences, but may carry and transmit the disease unknowingly. (3) Some experts estimate as many as 1,000 additional people are exposed daily. (g) The department, in its report to the Legislature (March 1986) estimated conservatively that over 30,000 Californians shall have contracted AIDS by 1990, about 50 percent having succumbed. The disease is believed to be fatal within 18 months of diagnosis. To date, more than half the 16,000 people with AIDS in the United States have died. (h) The AIDS virus is transmitted primarily through sexual contact, and also through the sharing of hypodermic needles, contaminated blood transfusions, and during pregnancy to the fetus. (i) While the earliest spread of the AIDS virus was primarily among homosexuals, the virus is now found and spreading among heterosexuals as well. (j) Additionally, drug abusers are highly susceptible to the AIDS virus since the drugs diminish the ability of the body’s immune system to function. Intravenous drug abusers traditionally come into contact with the virus from sharing hypodermic needles. (k) Persons sexually active in the heterosexual community are also at risk. Until a vaccine is developed, the AIDS virus will cross over from the high-risk groups to the lower risk groups. At this time, it is not known how fast the AIDS virus will penetrate other population groups, but it is not expected to be nearly as rapid. To date, partners of high-risk groups (bisexual men and intravenous drug users) are considered the main means of transmitting the AIDS virus to the heterosexual population. Other means include pregnant women who pass the infection on to the child and prostitutes who pass on the infection to their clients. ( l) Of the first 9,000 AIDS cases diagnosed in the United States, almost 1,000 were women. Fourteen percent of these women developed AIDS through sexual contact. Recent studies have demonstrated that the virus can be transmitted by women to their male sexual partners. Sexual contact with an infected partner may transmit the virus and fatally infect the partner. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  146. 121260.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13. Acquired Immune Deficiency Syndrome (AIDS) Immunization [121250 - 121281] ( Chapter 13 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section says California will create an AIDS vaccine clinical trials fund, with a committee reviewing funding requests and the department able to allocate funds.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13. Acquired Immune Deficiency Syndrome (AIDS) Immunization [121250 - 121281] ( Chapter 13 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 thousand dollars ($150,000). It is estimated that total costs including health care of the first 10,000 AIDS cases in the United States totaled more than six billion three hundred million dollars ($6,300,000,000). By 1990, according to the department, Californians will spend almost five billion dollars ($5,000,000,000) in medical costs alone in care and treatment of 30,000 AIDS patients, with no realistic hope for their remission or cure. This cost does not include money spent on education, research, and lost income. (b) To date, the costs of caring for people with AIDS related complex (ARC) has not been officially calculated. However, it is safe to assume the costs are substantial over time. Experts fear that the illnesses of ARC patients, although they may not be fatal, are severe. For example, the virus invades the brain rendering the patients incapable of caring for themselves. It is, therefore, plausible that a percentage of ARC patients will need to be institutionalized. (c) The Legislature intends by this chapter to take uncommon action to remove the impediments to the expeditious development of an AIDS vaccine. (d) It is further the intent of the Legislature to provide to any person, whose injury is proximately caused by the use of the vaccine, except to the extent the injuries are attributable to the comparative negligence of the claimant in the use of the vaccine, all of the following: (1) Compensation for related medical costs associated with the care and treatment of the injury. (2) Compensation for the loss of any and all earnings caused by the injury. (3) Compensation for pain and suffering caused by the injury, except that in no action shall the amount of damages for noneconomic losses exceed five hundred fifty thousand dollars ($550,000). (e) It is further the intent of the Legislature to establish the AIDS Clinical Trials Testing Fund that will be available to not more than three California manufacturers of an AIDS vaccine approved by the federal Food and Drug Administration (FDA) or the department pursuant to Part 5 (commencing with Section 109875) of Division 104 for clinical trials with humans. (f) The AIDS Vaccine Research and Development Advisory Committee shall review requests from California manufacturers for funds from the AIDS Clinical Trials Testing Fund and shall make recommendations to the department regarding the award of funds, including the appropriate amount of funding. The department, taking into consideration the committee’s recommendations, may allocate the funds to the manufacturers specified in the protocol approved by the FDA or the department pursuant to Part 5 (commencing with Section 109875) of Division 104 for administering the clinical trials. (g) A California manufacturer seeking the approval of the FDA, rather than the department, for administering clinical trials of an AIDS vaccine may apply while FDA approval is pending to the AIDS Vaccine Research and Development Advisory Committee for the committee’s recommendation that the manufacturer receive funds from the AIDS Clinical Trials Testing Fund upon FDA approval. (Amended by Stats. 1997, Ch. 294, Sec. 22. Effective August 18, 1997.)
  147. 121265.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13. Acquired Immune Deficiency Syndrome (AIDS) Immunization [121250 - 121281] ( Chapter 13 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    In this chapter, “State” means the same as in Government Code Section 900.6.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13. Acquired Immune Deficiency Syndrome (AIDS) Immunization [121250 - 121281] ( Chapter 13 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121265. “State,” as used in this chapter, has the same meaning as set forth in Section 900.6 of the Government Code. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  148. 121270.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13. Acquired Immune Deficiency Syndrome (AIDS) Immunization [121250 - 121281] ( Chapter 13 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section creates the AIDS Vaccine Victims Compensation Fund and sets rules for paying claims for AIDS vaccine injuries, including deadlines, hearings, surcharge funding, and limits on state liability.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13. Acquired Immune Deficiency Syndrome (AIDS) Immunization [121250 - 121281] ( Chapter 13 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 vaccine” means a vaccine that (A) has been developed by any manufacturer and (B) is approved by the FDA or the department pursuant to Part 5 (commencing with Section 109875) of Division 104 as a safe and efficacious vaccine for the purpose of immunizing against AIDS. (2) “Damages for personal injuries” means the direct medical costs for the care and treatment of injuries to any person, including a person entitled to recover damages under Section 377 of the Code of Civil Procedure, proximately caused by an AIDS vaccine, the loss of earnings caused by the injuries, and the amount necessary, but not to exceed five hundred fifty thousand dollars ($550,000), to compensate for noneconomic losses, including pain and suffering caused by the injuries. (3) “Fund” means the AIDS Vaccine Victims Compensation Fund. (c) The Department of General Services shall pay from the fund, contingent entirely upon the availability of moneys as provided in subdivision (o), damages for personal injuries caused by an AIDS vaccine that is sold in or delivered in California, and administered or dispersed in California to the injured person except that no payment shall be made for any of the following: (1) Damages for personal injuries caused by the vaccine to the extent that they are attributable to the comparative negligence of the person making the claim. (2) Damages for personal injuries in any instance when the manufacturer has been found to be liable for the injuries in a court of law. (3) Damages for personal injuries due to a vaccination administered during a clinical trial. (d) An application for payment of damages for personal injuries shall be made on a form prescribed by the Department of General Services within one year of the date that the injury and its cause are discovered. This application may be required to be verified. Upon receipt, the Department of General Services may require the submission of additional information necessary to evaluate the claim. (e) (1) Within 45 days of the receipt of the application and the submission of any additional information, the Department of General Services shall do either of the following: (A) Allow the claim in whole or part. (B) Disallow the claim. (2) In those instances of unusual hardship to the victim, the board may grant an emergency award to the injured person to cover immediate needs upon agreement by the injured person to repay in the event of a final determination denying the claim. (3) If the claim is denied in whole or part, the victim may apply within 60 days of denial for a hearing. The hearing shall be held within 60 days of the request for a hearing unless the injured person requests a later hearing. (f) At the hearing, the injured person may be represented by counsel and may present relevant evidence as defined in subdivision (c) of Section 11513 of the Government Code. The Department of General Services may consider additional evidence presented by its staff. If the injured person declines to appear at the hearing, the Department of General Services may act solely upon the application, the staff report, and other evidence that appears on the record. (g) The Department of General Services may delegate the hearing of applications to hearing examiners. (h) The decision of the Department of General Services shall be in writing and shall be delivered or mailed to the injured person within 30 days of the hearing. Upon the request by the applicant within 30 days of delivery or mailing, the Department of General Services may reconsider its decision. (i) Judicial review of a decision shall be under Section 1094.5 of the Code of Civil Procedure, and the court shall exercise its independent judgment. A petition for review shall be filed as follows: (1) If no request for reconsideration is made, within 30 days of personal delivery or mailing of the Department of General Services’ decision on the application. (2) If a timely request for reconsideration is filed and rejected by the Department of General Services, within 30 days of personal delivery or mailing of the notice of rejection. (3) If a timely request for reconsideration is filed and granted by the Department of General Services, or reconsideration is ordered by the Department of General Services, within 30 days of personal delivery or mailing of the final decision on the reconsidered application. (j) The Department of General Services shall adopt regulations to implement this section, including those governing discovery. (k) The fund is subrogated to any right or claim that any injured person may have who receives compensation pursuant to this section, or any right or claim that the person’s personal representative, legal guardian, estate, or survivor may have, against any third party who is liable for the personal injuries caused by the AIDS vaccine, and the fund shall be entitled to indemnity from that third party. The fund shall also be entitled to a lien on the judgment, award, or settlement in the amount of any payments made to the injured person. (l) In the event that the injured person, or his or her guardian, personal representative, estate, or survivors, or any of them, bring an action for damages against the person or persons liable for the injury or death giving rise to an award by the Department of General Services under this section, notice of institution of legal proceedings and notice of any settlement shall be given to the Department of General Services in Sacramento except in cases where the Department of General Services specifies that notice shall be given to the Attorney General. All notices shall be given by the attorney employed to bring the action for damages or by the injured person, or his or her guardian, personal representative, estate, or survivors, if no attorney is employed. (m) This section is not intended to affect the right of any individual to pursue claims against the fund and lawsuits against manufacturers concurrently, except that the fund shall be entitled to a lien on the judgment, award, or settlement in the amount of any payments made to the injured party by the fund. (n) There is hereby created the AIDS Vaccine Injury Compensation Policy Review Task Force consisting of 14 members. The task force shall be composed of 10 members appointed by the Governor, of which two shall be from a list provided by the California Trial Lawyers Association, one from the department, the Director of Finance, one unspecified member, and one attorney with experience and expertise in products liability and negligence defense work, two representing recognized groups that represent victims of vaccine induced injuries or AIDS victims, or both, and two representing manufacturers actively engaged in developing an AIDS vaccine. In addition four Members of the Legislature or their designees shall be appointed to the task force, two of which shall be appointed by the Speaker of the Assembly and two of which shall be appointed by the Senate Committee on Rules. The chairperson of the task force shall be appointed by the Governor from the membership of the task force. The task force shall study and make recommendations on the legislative implementation of the fund created by subdivision (a). These recommendations shall at least address the following issues: (1) The process by which victims are to be compensated through the fund. (2) The procedures by which the fund will operate and the governance of the fund. (3) The method by which manufacturers are to pay into the fund and the amount of that payment. (4) The procedural relationship between a potential victim’s claim through the fund and a court claim made against the manufacturer. (5) Other issues deemed appropriate by the task force. The task force shall make its recommendations to the Legislature on or before June 30, 1987. (o) The fund shall be funded wholly by a surcharge on the sale of an AIDS vaccine, that has been approved by the FDA, or by the department pursuant to Part 5 (commencing with Section 109875) of Division 104, in California in an amount to be determined by the department. The surcharge shall be levied on the sale of each unit of the vaccine sold or delivered, administered, or dispensed in California. The appropriate amount of the surcharge shall be studied by the AIDS Vaccine Injury Compensation Policy Review Task Force, which shall recommend the appropriate amount as part of its report, with the amount of the surcharge not to exceed ten dollars ($10) per unit of vaccine. Expenditures of the task force shall be made at the discretion of the Director of Finance or the director’s designee. (p) For purposes of this section, claims against the fund are contingent upon the existing resources of the fund as provided in subdivision (o), and in no case shall the state be liable for any claims in excess of the resources in the fund. (Amended by Stats. 2016, Ch. 31, Sec. 175. (SB 836) Effective June 27, 2016.)
  149. 121275.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13. Acquired Immune Deficiency Syndrome (AIDS) Immunization [121250 - 121281] ( Chapter 13 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    California commits to buy a specified amount of AIDS vaccine units if an AIDS vaccine is approved and fewer than 500,000 units are sold, with a cap of $20 per dose.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13. Acquired Immune Deficiency Syndrome (AIDS) Immunization [121250 - 121281] ( Chapter 13 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 the last vaccine produced and marketed did not sell well, vaccine manufacturers are hesitant to proceed to invest their resources in a risky venture. It is, therefore, in the public health interest of California to assure that manufacturers proceed to develop this vaccine and protect Californians against this dread disease and protect the State of California against the enormous fiscal costs of treatment for persons getting AIDS. It is a sound and worthwhile investment to provide a guarantee of a market to lessen the risk of loss and assure the development of an AIDS vaccine. It is anticipated that this AIDS vaccine will consist of a three-unit series. The State of California is willing to guarantee that at least 175,000 persons will be vaccinated, and to guarantee the purchase, within three years after the FDA or the department pursuant to Part 5 (commencing with Section 109875) of Division 104 approves marketing of an AIDS vaccine, of at least 500,000 units, at a cost of no more than twenty dollars ($20) per dosage, by all companies, anywhere in the United States. Therefore, the State of California, by moneys to be appropriated later through the Budget Act, commits itself to purchasing, at the end of three years after the FDA or the department pursuant to Part 5 (commencing with Section 109875) of Division 104 has approved the marketing on a competitive basis, at not more than twenty dollars ($20) per dosage, the difference between 500,000 units and the actual amount sold, delivered, administered, or dispensed by all companies throughout the United States, including units sold to or reimbursed by Medi-Cal, Medicare, or other public programs, providing that fewer than 500,000 units are sold, delivered, administered, or dispensed. (b) The AIDS Vaccine Guaranteed Purchase Fund is hereby established and shall be administered by the department, which may develop necessary regulations to carry out the purpose of this section. (c) The department may carry out this section, when those funds are appropriated through the State Budget. In determining which vaccine shall be purchased by the state from among those manufacturers selling or distributing in California, an AIDS vaccine approved by the FDA or the department pursuant to Part 5 (commencing with Section 109875) of Division 104, the department shall take into consideration at least all of the following factors: (1) The length of time each AIDS vaccine has been in the marketplace in California. (2) Each AIDS vaccine’s history of efficacy since approval by the FDA or the department. (3) Each AIDS vaccine’s history of side effects experienced by previous recipients of the vaccine. (4) The relative cost of each competing manufacturer’s AIDS vaccine. (Amended by Stats. 2006, Ch. 538, Sec. 443. Effective January 1, 2007.)
  150. 121280.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13. Acquired Immune Deficiency Syndrome (AIDS) Immunization [121250 - 121281] ( Chapter 13 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Insurers may not deny settlement or coverage solely because someone participated in an AIDS/HIV vaccine clinical trial, and the trial sponsor and department must handle confidential certificates for participants.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13. Acquired Immune Deficiency Syndrome (AIDS) Immunization [121250 - 121281] ( Chapter 13 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 the infection of HIV, the agent that causes AIDS. (2) In order to develop that vaccine, a prototype vaccine must be first given to HIV-negative people to determine the following: (A) The vaccine’s toxicity. (B) The vaccine’s efficacy. (C) The human immune response to the vaccine. (3) These studies are currently impossible because vaccine manufacturers fear that, by inoculating HIV-negative individuals with an experimental vaccine, they will elicit a positive immune response as measured by an enzyme linked immunosorbent assay (ELISA), western blot or other federal Food and Drug Administration approved in vitro diagnostic test, thereby placing vaccine volunteers at risk for denial of health or life insurance by insurance carriers as a consequence of their participation. (4) Insurers need a reliable mechanism by which they can verify the insurability of a vaccine trial participant. (b) No health care service plan, disability insurer, nonprofit hospital service plan, self-insured employee welfare benefit plan, or life insurer may withhold any settlement or coverage of an individual solely because of his or her participation in an AIDS/HIV vaccine clinical trial studied under an investigational new drug application effective pursuant to Section 312 of Title 21 of the Code of Federal Regulations, or Section 111595. (c) The sponsor of any such trial shall make a confidential certificate with all the necessary particulars, which shall be determined by the department, for each enrollee and then submit it to the department, which shall endorse it and return it to the vaccine recipient. A copy of this confidential certificate shall be kept on file indefinitely by both the study sponsor and the department. (d) Release of a confidential certificate shall be by written authorization of the enrollee named in the certificate. If the enrollee is unable to provide the written authorization, a person designated in the certificate by the enrollee may provide the written authorization. The written authorization shall include the name of the person or entity to whom the disclosure would be made. Disclosure as used in this section means to release, transfer, disseminate or otherwise communicate all or part of any confidential certificate orally, in writing, or by electronic means to any person or entity. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  151. 121281.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13. Acquired Immune Deficiency Syndrome (AIDS) Immunization [121250 - 121281] ( Chapter 13 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The Office of AIDS must develop and maintain specified consumer health information on its website, and the California State Board of Pharmacy must also post it or link to it on its website.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13. Acquired Immune Deficiency Syndrome (AIDS) Immunization [121250 - 121281] ( Chapter 13 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121281. In order to assist pharmacists and pharmacy personnel in the education of consumers who are at risk of bloodborne infections regarding methods and opportunities for improving and protecting their health, and thereby protect the public health, the Office of AIDS shall develop and maintain all of the following information, on its Internet Web site, and the California State Board of Pharmacy shall also post, or maintain a link to, the information on its Internet Web site: (a) How consumers can access testing and treatment for HIV and viral hepatitis. (b) How consumers can safely dispose of syringes and hypodermic needles or other sharps waste. (c) How consumers can access drug treatment. (Added by Stats. 2011, Ch. 738, Sec. 12. (SB 41) Effective January 1, 2012.)
  152. 121287.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.6. Public Health Demonstration Projects [121287 - 121289] ( Chapter 13.6 added by Stats. 2014, Ch. 40, Sec. 2. )

    Verify source ↗

    The department must run up to four public health demonstration projects, and the projects may last up to two years.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.6. Public Health Demonstration Projects [121287 - 121289] ( Chapter 13.6 added by Stats. 2014, Ch. 40, Sec. 2. ) ## 121287. (a) There are hereby established public health demonstration projects to allow for innovative, evidence-based approaches to provide outreach, HIV and hepatitis C screenings, and linkage to, and retention in, quality health care for the most vulnerable and underserved individuals with a high risk for HIV infection. (b) The demonstration projects may operate for a period of up to two years. The department shall implement up to four demonstration projects. The demonstration projects shall be designed to be capable of replication and expansion on a statewide basis. (c) After conclusion of the demonstration projects, the department shall review the effectiveness of each demonstration project and make a determination of whether the demonstration project model can be implemented on a statewide basis. (Added by Stats. 2014, Ch. 40, Sec. 2. (SB 870) Effective June 20, 2014.)
  153. 121288.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.6. Public Health Demonstration Projects [121287 - 121289] ( Chapter 13.6 added by Stats. 2014, Ch. 40, Sec. 2. )

    Verify source ↗

    If there is an annual Budget Act appropriation for this purpose, the department must competitively award funding for HIV demonstration projects and set each project’s funding level based on scope and geographic area. Applicants must show listed qualifications.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.6. Public Health Demonstration Projects [121287 - 121289] ( Chapter 13.6 added by Stats. 2014, Ch. 40, Sec. 2. ) ## 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 or local health jurisdiction to operate a demonstration project pursuant to this chapter. The department shall determine the funding levels of each demonstration project based on scope and geographic area. An applicant shall demonstrate each of the following qualifications: (a) Leadership on access to HIV care and testing issues and experience addressing the needs of highly marginalized populations in accessing medical and HIV care and support. (b) Experience with the target population or relationships with community-based organizations or nongovernmental organizations, or both, that demonstrate expertise, history, and credibility working successfully in engaging the target population. (c) Experience working with nontraditional collaborators who work within and beyond the field of HIV/AIDS education and outreach, including areas of reproductive health, housing, immigration, and mental health. (d) Strong relationships with community-based HIV health care providers that have the trust of the targeted populations. (e) Strong relationships with the state and local health departments. (f) Capacity to coordinate a communitywide planning phase involving multiple community collaborators. (g) Experience implementing evidence-based programs or generating innovative strategies, or both, with at least preliminary evidence of program effectiveness. (h) Administrative systems and accountability mechanisms for grant management. (i) Capacity to participate in evaluation activities. (j) Strong communication systems that are in place to participate in public relations activities. (Added by Stats. 2014, Ch. 40, Sec. 2. (SB 870) Effective June 20, 2014.)
  154. 121289.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.6. Public Health Demonstration Projects [121287 - 121289] ( Chapter 13.6 added by Stats. 2014, Ch. 40, Sec. 2. )

    Verify source ↗

    Each demonstration project must prepare and share information on best practices and lessons learned about outreach and education for people at highest risk of HIV infection.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.6. Public Health Demonstration Projects [121287 - 121289] ( Chapter 13.6 added by Stats. 2014, Ch. 40, Sec. 2. ) ## 121289. Each demonstration project shall prepare and disseminate information regarding best practices for, and the lessons learned regarding, providing outreach and education to the most vulnerable and underserved individuals with a high risk for HIV infection for use by providers, the Office of AIDS, State Department of Public Health, federal departments and agencies, including the Department of Health and Human Services, and other national HIV/AIDS groups. (Added by Stats. 2014, Ch. 40, Sec. 2. (SB 870) Effective June 20, 2014.)
  155. 121290.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.7. Statewide African-American Initiative [121290 - 121290.9] ( Chapter 13.7 added by Stats. 2005, Ch. 403, Sec. 1. )

    Verify source ↗

    This section creates the Statewide African-American Initiative, gives it an executive director, assigns the Office of AIDS initial support, and requires the initiative to be housed there until January 1, 2008 before becoming an independent nonprofit.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.7. Statewide African-American Initiative [121290 - 121290.9] ( Chapter 13.7 added by Stats. 2005, Ch. 403, Sec. 1. ) ## 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 by coordinating prevention and service networks around the state and increasing the capacity of core service providers. For purposes of this chapter, “initiative” means the Statewide African-American Initiative. (b) The initiative shall have an executive director who shall coordinate the initiative and report to the Office of AIDS through the Statewide African-American HIV/AIDS Steering Committee formally established pursuant to Section 121290.8. (c) The initiative shall be implemented in the following five designated regions: (1) Alameda/San Francisco. (2) Los Angeles. (3) Sacramento/Central Valley. (4) San Bernardino/Riverside. (5) San Diego. (d) (1) The Office of AIDS shall provide initial administrative support for the core functions of the initiative. (2) Until January 1, 2008, the initiative shall be housed at the Office of AIDS. By January 1, 2008, the initiative shall establish itself as an independent nonprofit organization for purposes of Section 501(c)(3) of the Internal Revenue Code. (Added by Stats. 2005, Ch. 403, Sec. 1. Effective January 1, 2006.)
  156. 121290.1.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.7. Statewide African-American Initiative [121290 - 121290.9] ( Chapter 13.7 added by Stats. 2005, Ch. 403, Sec. 1. )

    Verify source ↗

    The initiative must hold an annual Summit on African-Americans and HIV, funded only by private money, and use the summit to report progress, offer technical assistance workshops, and provide an overview of efforts on related health disparities.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.7. Statewide African-American Initiative [121290 - 121290.9] ( Chapter 13.7 added by Stats. 2005, Ch. 403, Sec. 1. ) ## 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 all of the following: (a) Provide a report on the progress of the initiative. (b) Offer technical assistance workshops. (c) Provide an overview of local, regional, and national efforts concerning health disparities relating to African-Americans and HIV. (Added by Stats. 2005, Ch. 403, Sec. 1. Effective January 1, 2006.)
  157. 121290.2.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.7. Statewide African-American Initiative [121290 - 121290.9] ( Chapter 13.7 added by Stats. 2005, Ch. 403, Sec. 1. )

    Verify source ↗

    The initiative must run projects and partnerships to address the disproportionate impact of HIV/AIDS on the African-American community.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.7. Statewide African-American Initiative [121290 - 121290.9] ( Chapter 13.7 added by Stats. 2005, Ch. 403, Sec. 1. ) ## 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 to address the disproportionate impact of HIV/AIDS on the African-American community, focusing on all of the following categories: (1) Research. (2) Policy and advocacy. (3) Workforce development. (4) Organizational capacity. (5) Prevention and treatment information and resources. (b) To provide integrated leadership in developing, implementing, evaluating, and sustaining HIV-related services and programmatic partnerships between research institutions, community-based organizations, the business community, and public sector agencies. (c) To improve the efficacy of local service providers through the central coordination of service availability, data, and funding sources through the development of a central coordinating body. (Added by Stats. 2005, Ch. 403, Sec. 1. Effective January 1, 2006.)
  158. 121290.4.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.7. Statewide African-American Initiative [121290 - 121290.9] ( Chapter 13.7 added by Stats. 2005, Ch. 403, Sec. 1. )

    Verify source ↗

    The initiative must use the listed strategies to meet its objectives.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.7. Statewide African-American Initiative [121290 - 121290.9] ( Chapter 13.7 added by Stats. 2005, Ch. 403, Sec. 1. ) ## 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 in the communication and dissemination of information, and for the synthesis, interpretation, and dissemination of HIV/AIDS data and public health information. (b) Assemble a network of health experts, HIV/AIDS service providers, community-based organizations, and relevant public and private sector stakeholders who will be accessible through the regional centers, to support the capacity building of community-based programs to eliminate HIV-related health disparities for African-Americans. (c) Establish the administrative, educational, and communication infrastructure, including personnel, facilities, and technology, to support the activities of the initiative’s provider network. (d) Assess the availability and allocation of scientific, governmental, and private sector resources to reduce the impact of HIV/AIDS on African-Americans. (e) Evaluate community-focused interventions and demonstration projects to eliminate disparities in the evaluation and treatment of HIV/AIDS, based on information from the work of the initiative and local and regional resources. (f) Coordinate and disseminate data, including epidemiology, outcome assessment, and informatics, to provider networks addressing health disparities regarding HIV/AIDS. (g) Facilitate the development of lasting academic and community partnerships that promote healthy lifestyles, prevent disease, and reduce risk factors for HIV/AIDS. (h) Increase ongoing access to culturally appropriate health care for African-Americans living with HIV/AIDS. (Added by Stats. 2005, Ch. 403, Sec. 1. Effective January 1, 2006.)
  159. 121290.5.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.7. Statewide African-American Initiative [121290 - 121290.9] ( Chapter 13.7 added by Stats. 2005, Ch. 403, Sec. 1. )

    Verify source ↗

    The initiative must establish a central coordinating body to provide administrative, technical, educational, and health information services to its community-based network.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.7. Statewide African-American Initiative [121290 - 121290.9] ( Chapter 13.7 added by Stats. 2005, Ch. 403, Sec. 1. ) ## 121290.5. (a) The initiative shall establish a central coordinating body to provide administrative, technical, educational, and health information dissemination services to the initiative’s network of community-based organizations. (b) The duties of the central coordinating body shall include, but not be limited to, all of the following: (1) Helping to provide program administration services, project management, fiscal support, resource allocation, and program evaluation to the initiative. (2) Assisting in the collection, management, and analysis of primary and secondary data, and providing technical support and training. (3) Aiding in the synthesis, interpretation, and dissemination of information on HIV and African-Americans. (c) The objectives of the central coordinating body shall include, but not be limited to, both of the following: (1) To achieve economies of scale in effort, expertise, and equipment, and thereby build the capacity of the provider network and the Office of AIDS to develop, implement, and evaluate community programs to address HIV/AIDS among African-Americans. (2) To pool services, expertise, equipment, and facilities to support several interrelated projects and collaborating organizations, thereby leveraging greater resources than those that would be provided separately to each project and without formal interactions among the Office of AIDS, community-based organizations, and public sector agencies. (Added by Stats. 2005, Ch. 403, Sec. 1. Effective January 1, 2006.)
  160. 121290.7.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.7. Statewide African-American Initiative [121290 - 121290.9] ( Chapter 13.7 added by Stats. 2005, Ch. 403, Sec. 1. )

    Verify source ↗

    The Office of AIDS must appoint an internal advisory committee for the initiative.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.7. Statewide African-American Initiative [121290 - 121290.9] ( Chapter 13.7 added by Stats. 2005, Ch. 403, Sec. 1. ) ## 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 designee to supervise the day-to-day activities of the initiative. (Added by Stats. 2005, Ch. 403, Sec. 1. Effective January 1, 2006.)
  161. 121290.8.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.7. Statewide African-American Initiative [121290 - 121290.9] ( Chapter 13.7 added by Stats. 2005, Ch. 403, Sec. 1. )

    Verify source ↗

    This section establishes the Statewide African-American HIV/AIDS Steering Committee and says the Office of AIDS must appoint it.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.7. Statewide African-American Initiative [121290 - 121290.9] ( Chapter 13.7 added by Stats. 2005, Ch. 403, Sec. 1. ) ## 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 initially consist of the current membership of the informally established Statewide African-American HIV/AIDS Steering Committee, which consists of leadership from service providers, researchers, educators, community-based organizations, and public sector agencies. (Added by Stats. 2005, Ch. 403, Sec. 1. Effective January 1, 2006.)
  162. 121290.9.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.7. Statewide African-American Initiative [121290 - 121290.9] ( Chapter 13.7 added by Stats. 2005, Ch. 403, Sec. 1. )

    Verify source ↗

    This chapter applies only after the Department of Finance determines enough nonstate funds have been deposited, and then only as long as nonstate funds are received for the chapter’s purposes.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.7. Statewide African-American Initiative [121290 - 121290.9] ( Chapter 13.7 added by Stats. 2005, Ch. 403, Sec. 1. ) ## 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 fully support the activities of the initiative have been deposited with the state. Thereafter, the requirements of this chapter shall be implemented only to the extent that nonstate funds are received for the purposes of this chapter. (Added by Stats. 2005, Ch. 403, Sec. 1. Effective January 1, 2006.)
  163. 121295.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.8. HIV and Aging Demonstration Projects [121295- 121295.] ( Chapter 13.8 added by Stats. 2021, Ch. 143, Sec. 25. )

    Verify source ↗

    The State Department of Public Health must create and run a demonstration-project program for older people living with HIV, in consultation with the California Department of Aging.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 13.8. HIV and Aging Demonstration Projects [121295- 121295.] ( Chapter 13.8 added by Stats. 2021, Ch. 143, Sec. 25. ) ## 121295. (a) The State Department of Public Health, in consultation with the California Department of Aging, shall establish a program for demonstration projects to allow for innovative, evidence-informed approaches to improve the health and well-being of older people living with HIV. (b) The demonstration projects shall address the multidisciplinary clinical and nonclinical needs of older people living with HIV. (c) The demonstration projects shall be responsive to the unique needs of older people living with HIV in the specific geographic area. (d) The demonstration projects shall operate for a period of up to three years. The department shall implement up to five demonstration projects. (e) The demonstration projects shall include an evaluation component and a plan for disseminating lessons learned in order to develop new programs and strengthen existing programs. (f) (1) The department shall establish a process to request applications, and award funding on a competitive basis, for an eligible entity to operate a demonstration project pursuant to this chapter. (2) An application to operate a demonstration project under this chapter shall be evaluated based on need in the geographic area, populations served, competency of the entity applying, and program design. (g) The department shall determine the funding levels of each demonstration project based on the scope of the project and need in the specific geographic area. (h) Any entity in any county shall be eligible to operate a demonstration project pursuant to this chapter if it meets both of the following requirements: (1) Demonstrates experience and expertise in providing culturally appropriate services to the most vulnerable and underserved older people living with HIV, including, but not limited to, older people living with HIV who are Black, Indigenous, and people of color. (2) Demonstrates the capacity to ensure that the multidisciplinary clinical and nonclinical needs of older people living with HIV are assessed and addressed. Services may be colocated or coordinated across different locations, including through referrals or partnerships with other entities. (Added by Stats. 2021, Ch. 143, Sec. 25. (AB 133) Effective July 27, 2021.)
  164. 1213.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. )

    Verify source ↗

    People or entities seeking a clinic license are exempt from Chapter 2 of Division 12.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Clinics [1200 - 1245] ( Chapter 1 repealed and added by Stats. 1978, Ch. 1147. ) ## ARTICLE 2. Administration [1212 - 1220.2] ( Article 2 added by Stats. 1978, Ch. 1147. ) ## 1213. A person, firm, association, partnership, corporation, or other legal entity desiring a license for a clinic shall be exempt from the requirements of Chapter 2 (commencing with Section 16000) of Division 12.5. (Amended by Stats. 2010, Ch. 502, Sec. 3. (SB 442) Effective January 1, 2011.)
  165. 121300.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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] ( Chapter 14 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section states legislative findings about HIV transmission from mother to child and supports grants to encourage FDA-approved AIDS vaccine clinical trials.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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] ( Chapter 14 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 maternal infant transmission. (b) It is estimated that from 13 to 45 percent of infants born to HIV-infected mothers will acquire HIV either in utero, during delivery, or postpartum. (c) In 1990, the number of cases of AIDS in women in the United States increased by 34 percent compared to an increase of 18 percent in men. As a consequence of this increased dissemination of HIV in women, there has been a concomitant increase in the number of HIV infected infants. (d) Approximately 6,000 children were born to HIV-infected women in the United States in 1990. This resulted in 1,500 to 2,000 newly infected infants. Internationally, it is estimated that one million children acquired HIV through maternal transmission in 1990. (e) HIV infection that is transmitted maternally progresses more rapidly than HIV infection in adults, with most infants developing advanced symptoms of infection within 18 months. Costs for care of infants infected with HIV have been estimated to be comparable or higher than the cost of treating HIV-related illness in adults. Currently, limited data exists for the costs of treating HIV-infected children. A recent estimate for those costs is as follows: (1) For the mean lifetime hospital costs per child: ninety thousand dollars ($90,000). (2) For the mean annual cost per child hospitalized all year: two hundred nineteen thousand dollars ($219,000). A significant portion of pediatric hospital costs may be due to a prolonged hospitalization because of the lack of foster homes for children. (3) For the estimated annual medicaid cost: eighteen thousand dollars ($18,000) to forty-two thousand dollars ($42,000). (4) In comparison, recent estimates of the national cost of treating an adult with HIV and without AIDS is five thousand dollars ($5,000) per year and the average cost of treating an adult person with AIDS is thirty-two thousand dollars ($32,000) per year of that twenty-four thousand dollars ($24,000) is inpatient costs and eight thousand dollars ($8,000) for other services. (f) AIDS vaccines are now available for testing in FDA-approved clinical trials in HIV-infected pregnant women for the purpose of protecting against HIV transmission from mother to child. (g) Manufacturers are hesitant to conduct these trials because of the combined threat of liability and the limited market to reimburse the research and clinical trial investment. (h) The California Legislature wishes to encourage FDA-approved AIDS vaccine clinical trials to protect against maternal HIV transmission from mother to child, that may also provide a therapeutic effect in the HIV-infected mother. It is appropriate to mandate that grants be made to encourage qualified manufacturers to conduct these trials for the benefit of California citizens. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  166. 121305.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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] ( Chapter 14 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section defines key AIDS/HIV research terms and says clinical trials must be conducted under an IND application on file with the FDA.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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] ( Chapter 14 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121305. For the purposes of this chapter, the following definitions apply: (a) “AIDS” means acquired immune deficiency syndrome. (b) “An HIV-positive individual” means an individual who is infected with the AIDS virus. (c) “Committee” means the AIDS Vaccine Research and Development Advisory Committee. (d) “Grant award” means an AIDS Vaccine Clinical Trial Grant Award for the Prevention of Maternal Transmission of HIV Infection. (e) “AIDS vaccine,” for the purposes of this chapter, means a vaccine that has been developed by a manufacturer and is being tested and administered for the purposes of determining whether immunization of HIV-infected pregnant women will protect against maternal transmission of the AIDS virus. Clinical trials must be conducted under an investigational new drug (IND) application on file with the federal Food and Drug Administration (FDA). (f) “Research subject” means a person who is administered an AIDS vaccine, or a fetus of a woman administered an AIDS vaccine, or a child born to a woman administered an AIDS vaccine during pregnancy. (g) “Researcher” means a person employed by or affiliated with a manufacturer or a research institution, who participates in the development or testing or administration of an AIDS vaccine, or who is involved in the diagnosis and treatment of a research subject. (Amended by Stats. 1997, Ch. 294, Sec. 23. Effective August 18, 1997.)
  167. 121310.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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] ( Chapter 14 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Before giving an AIDS vaccine to a research subject, a manufacturer, research institution, or researcher must get the woman’s informed consent.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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] ( Chapter 14 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 consent, that shall comply with all applicable statutes and regulations. (a) The informed consent shall contain a statement that significant new findings developed during the course of the research that may relate to the subject’s willingness to continue participation will be provided to the subject. (b) A copy of the informed consent shall be maintained with the woman’s medical records. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  168. 121315.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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] ( Chapter 14 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Manufacturers, research institutions, and researchers in these AIDS vaccine clinical trials are not strictly liable for resulting personal injury or wrongful death, but the immunity has stated exceptions.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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] ( Chapter 14 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121315. (a) A manufacturer, research institution, or researcher shall not be strictly liable for personal injury or wrongful death resulting from the administration of any AIDS vaccine to a research subject participating in the clinical trials described in this chapter. (b) It is the intent of the Legislature in enacting this section to confer upon manufacturers, research institutions, and researchers participating in the clinical trials described in this chapter an immunity from liability to the same extent as conferred upon specified pharmaceutical manufacturers under Brown v. Superior Court, 44 Cal. 3d 1049. (c) No immunity shall be conferred to the extent that the injury or death was caused by the negligence, gross negligence, or reckless, willful, or wanton misconduct of the manufacturer, research institution, or researcher or the manufacturer, research institution, or the researcher has failed to comply with Section 121310. (d) The immunity provided by this section shall not apply to a manufacturer, research institution, or researcher who intentionally provided false information to the FDA in connection with an IND application. (e) Notwithstanding the immunity provided by this section, nothing in this section shall be construed to affect the inapplicability or applicability of the holding in Brown v. Superior Court, 44 Cal. 3d 1049 to other situations involving the same or similar conduct. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  169. 121320.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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] ( Chapter 14 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A person must not be denied the chance to be a research subject because they cannot pay for medical treatment.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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] ( Chapter 14 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121320. No person shall be denied the opportunity to be a research subject because of the inability to pay for medical treatment. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  170. 121325.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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] ( Chapter 14 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section creates a grant award program for AIDS vaccine clinical trials to prevent maternal HIV transmission and directs the department to run an RFP process.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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] ( Chapter 14 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 Clinical Trials Testing Fund, established in accordance with Section 121260, shall, upon appropriation by the Legislature, be available to the department for the purposes of this chapter, that shall include a one-time amount of sixty thousand dollars ($60,000) for the department to develop and process the request for proposal as specified in subdivision (a). Grant awards shall be made available to not more than three manufacturers of an AIDS vaccine approved by the FDA for clinical trials in HIV-positive pregnant women. The purpose is to expedite the completion of an AIDS vaccine to prevent maternal transmission of HIV. The funds are to be used for FDA approved clinical trials. (a) The department shall issue a request for proposal (RFP) for the clinical trials of an AIDS vaccine to prevent maternal transmission of HIV infection. (1) The RFP shall be based on the criteria provided in subdivision (d). (2) Upon issuing the RFP, the department shall publish this fact along with the deadline for grant proposals in the newspapers with the greatest circulation in the major cities of the state, as determined by the department. Additionally, upon issuing the RFP, the same information shall be transmitted to the Secretary of the Senate and the Chief Clerk of the Assembly for publishing in the respective journals of each house of the Legislature. (b) Any manufacturer may submit a proposal for the grant award in the response to the RFP issued by the department. (c) The department, taking into consideration the committee’s recommendations, shall, for purposes of this chapter, award grants to no more than three California manufacturers after receiving the committee’s recommendations. (d) The department, making use of an RFP, shall include a clear description of the criteria to be used to select the projects that will receive funding pursuant to this chapter. The committee shall make recommendations to the department regarding the content of the RFP. The criteria shall include, but not be limited to, the following: (1) The potential of the grant recipient to develop a vaccine for the prevention of maternal transmission of HIV infection. (2) The financial, technical, and managerial commitment of the grant recipient to the development of the vaccine. (3) The commitment of the grant recipient to agree to provide medical treatment, either directly or through reasonable health insurance coverage, to the participant for any injury caused by the AIDS vaccine in the clinical trial. This agreement shall also be included as part of the participant’s informed consent pursuant to Section 121305. (e) Grant awards may be made without limitation on the amount of funding from the AIDS Clinical Trials Testing Fund that may be allocated to a single manufacturer, provided that the committee has determined that the grant award is in the public interest. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  171. 121330.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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] ( Chapter 14 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A grant recipient that sells an FDA-approved AIDS vaccine developed with this grant must pay $1 per dose into the General Fund until the grant is fully repaid; after repayment, a negotiated royalty on sales must also be paid into the General Fund.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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] ( Chapter 14 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 and that was developed in whole or in part using a grant awarded pursuant to this chapter, the State of California shall be reimbursed for the grant as provided in this section. Until the total amount of the grant is repaid, repayments in the amount of one dollar ($1) per dose from the sale of the AIDS vaccine shall be deposited by the grant recipient into the General Fund. Upon payment in full of the grant amount into the General Fund, a royalty on the sale of the vaccine from the grant recipient shall be deposited into the General Fund. The percentage amount of the royalty shall be negotiated at the time of the grant award. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  172. 121335.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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] ( Chapter 14 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The Legislature states that the department should make every effort to ensure the committee has comprehensive and diverse expert representation, including ethnic minorities and women.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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] ( Chapter 14 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 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 committee. It is the intent of the Legislature to ensure that expert members of the committee include, but are not limited to, ethnic minorities and women. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  173. 121340.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 15. HIV Reporting Systems [121340- 121340.] ( Chapter 15 added by Stats. 2002, Ch. 926, Sec. 2. )

    Verify source ↗

    The State Department of Health Services must determine whether California’s HIV reporting system meets federal funding standards and must report its findings to the Legislature’s appropriate committees by December 31, 2005.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 15. HIV Reporting Systems [121340- 121340.] ( Chapter 15 added by Stats. 2002, Ch. 926, Sec. 2. ) ## 121340. (a) The State Department of Health Services, in consultation with the California Conference of Local Health Officers, the California Medical Association, HIV treatment providers, and public health and other stakeholders, shall determine, no later than December 31, 2005, whether California’s HIV reporting system has achieved compliance with standards and criteria necessary to ensure continued federal funding for California under the federal Ryan White Comprehensive AIDS Resources Emergency (CARE) Act of 1990 (Public Law 101-381), as amended October 20, 2000 (Public Law 106-345). (b) The department shall inform the appropriate committees of the Legislature of its findings under subdivision (a) by December 31, 2005. (Amended by Stats. 2012, Ch. 728, Sec. 108. (SB 71) Effective January 1, 2013.)
  174. 121345.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 16. Therapeutic Monitoring Program [121345- 121345.] ( Chapter 16 added by Stats. 2003, Ch. 230, Sec. 11. )

    Verify source ↗

    The Office of AIDS may fund HIV therapeutic monitoring assays, and counties may also cover needed assays that the state program does not cover.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 16. Therapeutic Monitoring Program [121345- 121345.] ( Chapter 16 added by Stats. 2003, Ch. 230, Sec. 11. ) ## 121345. (a) The Legislature finds and declares that therapeutic monitoring is necessary to make appropriate life-prolonging and cost-effective treatment decisions in the management of HIV disease. (b) The Director of the Office of AIDS may provide funding for the coverage of therapeutic monitoring assays for HIV disease through the State HIV Therapeutic Monitoring Program. (c) (1) The purpose of the program under this chapter shall be to provide the therapeutic assays for HIV-positive people who could not otherwise afford them. (2) The scope of the program shall be determined by the federal and state guidelines for standards of HIV care and availability of funding. (3) Priority for funding under the State HIV Therapeutic Monitoring Program shall be given to the state-funded Early Intervention Program sites. (d) Therapeutic monitoring under this chapter shall include, but not be limited to, viral load and resistance assays. (e) Coverage awards shall be made to counties on the basis of need. The determination of awards shall be made by the Office of AIDS, depending on the availability of state and federal funding for the program. Counties may cover those assays that are determined to be necessary and are not covered under the state program. (Added by Stats. 2003, Ch. 230, Sec. 11. Effective August 11, 2003.)
  175. 121348.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 17. Pre- and Post-Exposure Prophylaxis [121348 - 121348.4] ( Heading of Chapter 17 amended by Stats. 2015, Ch. 18, Sec. 17. )

    Verify source ↗

    The department, through its Office of AIDS, must appoint and convene a task force to develop PEP recommendations for the general population, and the task force must review PEP guidelines from other jurisdictions.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 17. Pre- and Post-Exposure Prophylaxis [121348 - 121348.4] ( Heading of Chapter 17 amended by Stats. 2015, Ch. 18, Sec. 17. ) ## 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 (PEP) in the general population, for the prevention of human immunodeficiency virus (HIV) infection. (b) In performing its duties under this chapter, the task force shall review and consider PEP guidelines established by other jurisdictions, both in the United States and abroad. (Added by Stats. 2003, Ch. 746, Sec. 2. Effective January 1, 2004.)
  176. 121348.2.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 17. Pre- and Post-Exposure Prophylaxis [121348 - 121348.4] ( Heading of Chapter 17 amended by Stats. 2015, Ch. 18, Sec. 17. )

    Verify source ↗

    This section sets up a PEP task force, limits it to 10 members, assigns chair/cochair roles, and requires the department to approve and post the recommendations.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 17. Pre- and Post-Exposure Prophylaxis [121348 - 121348.4] ( Heading of Chapter 17 amended by Stats. 2015, Ch. 18, Sec. 17. ) ## 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: (1) Research scientists. (2) Patients who have received PEP treatment. (3) HIV physicians or clinicians. (4) HIV prevention, education, or mental health providers. (5) Public health officials. (6) The Office of AIDS. (7) Health plan representatives. (b) A representative of the Office of AIDS shall serve as the chair of the task force and shall coordinate the proceedings and actions of the task force as necessary and appropriate. (c) The department shall designate a physician member of the task force to serve as the cochair of the task force. The cochair shall consult with and advise the department and draft the recommendations for the use of PEP in the general population. The cochair shall serve without compensation or reimbursement for expenses beyond any existing contract with the department, consistent with subdivision (f). (d) The task force shall be implemented only through existing state resources. (e) Notwithstanding subdivision (d), the department may seek assistance, including financial and in-kind assistance, from other government, educational, and private sources for purposes of convening the task force and developing the recommendations required by this section. (f) Representatives appointed to the task force shall serve without compensation and without reimbursement of expenses beyond any existing contract with the department. If the department is unable to secure representatives willing to serve on the task force without compensation or reimbursement for expenses beyond any existing contract with the department, the department may choose not to convene the task force or develop recommendations required by this section. (g) The recommendations produced by the task force shall be approved by the department in consultation with the cochair and shall be made available through posting on the department’s Web site. The department is not required to print or mail the recommendations. (Added by Stats. 2003, Ch. 746, Sec. 2. Effective January 1, 2004.)
  177. 121348.4.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 17. Pre- and Post-Exposure Prophylaxis [121348 - 121348.4] ( Heading of Chapter 17 amended by Stats. 2015, Ch. 18, Sec. 17. )

    Verify source ↗

    The State Department of Public Health must establish the PrEP Navigator Services Program if the annual Budget Act provides an appropriation, and the department must run program oversight, funding, and statewide education activities.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 17. Pre- and Post-Exposure Prophylaxis [121348 - 121348.4] ( Heading of Chapter 17 amended by Stats. 2015, Ch. 18, Sec. 17. ) ## 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 Program, under which the department shall provide for the following activities: (a) Oversight and evaluation of the PrEP Navigator Services Program. (b) Implementation of a process to request applications, and award funding on a competitive basis, to community-based organizations or local health departments. An eligible entity shall collaborate with the Office of AIDS to conduct outcome and process evaluation of navigator services. An entity in any county shall be eligible to receive funding if it can demonstrate all of the following: (1) Capacity to ensure access for and serve the most vulnerable and underserved Californians at high risk for HIV. (2) Ability to develop protocols to conduct outreach to targeted populations, to provide PrEP education to clients and providers, and to assess and refer persons to appropriate clinical care and prevention services. (c) Development and distribution of PrEP education materials statewide, including providing training for and support of any additional activity that is consistent with the goals of this chapter. (Added by Stats. 2015, Ch. 18, Sec. 18. (SB 75) Effective June 24, 2015.)
  178. 121349.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 18. Clean Needle and Syringe Exchange Program [121349 - 121349.3] ( Chapter 18 added by Stats. 2005, Ch. 692, Sec. 3. )

    Verify source ↗

    This section lets the state health department authorize clean needle and syringe exchange projects, subject to conditions, public comment, and program standards.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 18. Clean Needle and Syringe Exchange Program [121349 - 121349.3] ( Chapter 18 added by Stats. 2005, Ch. 692, Sec. 3. ) ## 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 used hypodermic needles and syringes for clean hypodermic needles and syringes does not increase drug use in the population, can serve as an important bridge to treatment and recovery from drug abuse, and can curtail the spread of human immunodeficiency virus (HIV) infection among the intravenous drug user population. (b) In order to reduce the spread of HIV infection and bloodborne hepatitis among the intravenous drug user population within California, the Legislature hereby authorizes a clean needle and syringe exchange project pursuant to this chapter in any city, county, or city and county upon the action of a county board of supervisors and the local health officer or health commission of that county, or upon the action of the city council, the mayor, and the local health officer of a city with a health department, or upon the action of the city council and the mayor of a city without a health department. (c) In order to reduce the spread of HIV infection, viral hepatitis, and other potentially deadly bloodborne infections, the State Department of Public Health may, notwithstanding any other law, authorize entities that provide services set forth in paragraph (1) of subdivision (d), and that have sufficient staff and capacity to provide the services described in Section 121349.1, as determined by the department, to apply for authorization under this chapter to provide hypodermic needle and syringe exchange services consistent with state standards in any location where the department determines that the conditions exist for the rapid spread of HIV, viral hepatitis, or any other potentially deadly or disabling infections that are spread through the sharing of used hypodermic needles and syringes. Authorization shall be made after consultation with the local health officer and local law enforcement leadership, and after a period of public comment, as described in subdivision (e). In making the determination, the department shall balance the concerns of law enforcement with the public health benefits. The authorization shall not be for more than two years. Before the end of the two-year period, the department may reauthorize the program in consultation with the local health officer and local law enforcement leadership. (d) In order for an entity to be authorized to conduct a project pursuant to this chapter, its application to the department shall demonstrate that the entity complies with all of the following minimum standards: (1) The entity provides, directly or through referral, all of the following services: (A) Drug abuse treatment services. (B) HIV or hepatitis screening. (C) Hepatitis A and hepatitis B vaccination. (D) Screening for sexually transmitted infections. (E) Housing services for the homeless, for victims of domestic violence, or other similar housing services. (F) Services related to provision of education and materials for the reduction of sexual risk behaviors, including, but not limited to, the distribution of condoms. (2) The entity has the capacity to commence needle and syringe exchange services within three months of authorization. (3) The entity has adequate funding to do all of the following at reasonably projected program participation levels: (A) Provide needles and syringe exchange services for all of its participants. (B) Provide HIV and viral hepatitis prevention education services for all of its participants. (C) Provide for the safe recovery and disposal of used syringes and sharps waste from all of its participants. (4) The entity has the capacity, and an established plan, to collect evaluative data in order to assess program impact, including, but not limited to, all of the following: (A) The total number of persons served. (B) The total number of needles and syringes distributed, recovered, and disposed of. (C) The total numbers and types of referrals to drug treatment and other services. (e) If the application is provisionally deemed appropriate by the department, the department shall, at least 45 days prior to approval of the application, provide for a period of public comment as follows: (1) Post on the department’s internet website the name of the applicant, the nature of the services, and the location where the applying entity will provide the services. (2) Send a written and an email notice to the local health officer of the affected jurisdiction. (3) Send a written and an email notice to the chief of police, the sheriff, or both, as appropriate, of the jurisdictions in which the program will operate. (f) The department shall establish and maintain on its internet website the address and contact information of programs providing hypodermic needle and syringe exchange services pursuant to this chapter. (g) The authorization provided under this section is only for a clean needle and syringe exchange project as described in Section 121349.1. (h) (1) Needle and syringe exchange services application submissions, authorizations, and operations performed pursuant to this chapter shall be exempt from review under the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code. (2) This subdivision is intended to be declaratory of existing law. (i) If the department, in its discretion, determines that a state authorized syringe exchange program continues to meet all standards set forth in subdivision (d) and that a public health need exists, it may administratively approve amendments to a program’s operations including, but not limited to, modifications to the time, location, and type of services provided, including the designation as a fixed site or a mobile site. The amendment approval is not subject to the noticing requirements of subdivision (e). (j) The department shall have 30 business days to review and respond to the applicant’s request for amendment of the authorization. If the department does not respond in writing within 30 business days, the request shall be deemed denied. (k) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2021, Ch. 480, Sec. 1. (AB 1344) Effective January 1, 2022.)
  179. 121349.1.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 18. Clean Needle and Syringe Exchange Program [121349 - 121349.3] ( Chapter 18 added by Stats. 2005, Ch. 692, Sec. 3. )

    Verify source ↗

    Public health authorities must authorize clean needle and syringe exchange projects under this chapter, and participating staff, volunteers, and program participants are exempt from criminal prosecution for covered needle or syringe possession or transfer.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 18. Clean Needle and Syringe Exchange Program [121349 - 121349.3] ( Chapter 18 added by Stats. 2005, Ch. 692, Sec. 3. ) ## 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 syringe exchange project pursuant to this chapter shall, in consultation with the State Department of Public Health, authorize the exchange of clean hypodermic needles and syringes, as recommended by the United States Secretary of Health and Human Services, subject to the availability of funding, as part of a network of comprehensive services, including treatment services, to combat the spread of HIV and bloodborne hepatitis infection among injection drug users. Staff and volunteers participating in an exchange project authorized by the state, county, city, or city and county pursuant to this chapter shall not be subject to criminal prosecution for violation of any law related to the possession, furnishing, or transfer of hypodermic needles or syringes or any materials deemed by a local or state health department to be necessary to prevent the spread of communicable diseases, or to prevent drug overdose, injury, or disability during participation in an exchange project. Program participants shall not be subject to criminal prosecution for possession of needles or syringes or any materials deemed by a local or state health department to be necessary to prevent the spread of communicable diseases, or to prevent drug overdose, injury, or disability acquired from an authorized needle and syringe exchange project entity. (Amended (as amended by Stats. 2011, Ch. 744, Sec. 2) by Stats. 2018, Ch. 34, Sec. 15. (AB 1810) Effective June 27, 2018.)
  180. 121349.2.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 18. Clean Needle and Syringe Exchange Program [121349 - 121349.3] ( Chapter 18 added by Stats. 2005, Ch. 692, Sec. 3. )

    Verify source ↗

    Local government, local health officials, law enforcement, and the public must be given opportunities to comment on or provide input about clean needle and syringe exchange programs.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 18. Clean Needle and Syringe Exchange Program [121349 - 121349.3] ( Chapter 18 added by Stats. 2005, Ch. 692, Sec. 3. ) ## 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 biennial basis. The public shall be given the opportunity to provide input to local leaders to ensure that any potential adverse impacts on the public welfare of clean needle and syringe exchange programs are addressed and mitigated. (Amended (as amended by Stats. 2011, Ch. 744, Sec. 3) by Stats. 2018, Ch. 34, Sec. 17. (AB 1810) Effective June 27, 2018.)
  181. 121349.3.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 18. Clean Needle and Syringe Exchange Program [121349 - 121349.3] ( Chapter 18 added by Stats. 2005, Ch. 692, Sec. 3. )

    Verify source ↗

    The participating jurisdiction’s health officer must present a biennial report at an open meeting, allow public comment, and ensure proper notice. The State Department of Public Health must also provide a biennial report to the local health officer for authorized hypodermic needle and syringe exchange services.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 18. Clean Needle and Syringe Exchange Program [121349 - 121349.3] ( Chapter 18 added by Stats. 2005, Ch. 692, Sec. 3. ) ## 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 the status of clean needle and syringe exchange programs, including, but not limited to, relevant statistics on bloodborne infections associated with needle sharing activity and the use of public funds for these programs. Law enforcement, administrators of alcohol and drug treatment programs, other stakeholders, and the public shall be afforded ample opportunity to comment at this biennial meeting. The notice to the public shall be sufficient to ensure adequate participation in the meeting by the public. This meeting shall be noticed in accordance with all state and local open meeting laws and ordinances, and as local officials deem appropriate. For hypodermic needle and syringe exchange services authorized by the State Department of Public Health, a biennial report shall be provided by the department to the local health officer based on the reports to the department from service providers within the jurisdiction of that local health officer. (Amended (as amended by Stats. 2011, Ch. 744, Sec. 4) by Stats. 2018, Ch. 34, Sec. 19. (AB 1810) Effective June 27, 2018.)
  182. 121350.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must maintain a tuberculosis control program and administer state funds for the care of tuberculosis patients.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121350. The department shall maintain a program for the control of tuberculosis. The department shall administer the funds made available by the state for the care of tuberculosis patients. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  183. 121355.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A county that elected to come under Welfare and Institutions Code Section 14150.1 must not receive tuberculosis subsidy or reimbursement from the state under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121355. Notwithstanding any other provision of this chapter a county that has elected to come under Section 14150.1 of the Welfare and Institutions Code shall not receive any tuberculosis subsidy or reimbursement from the state under the provisions of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  184. 121357.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The state department is the lead agency for tuberculosis control and prevention at the state level.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121357. The state department shall be the lead agency for all tuberculosis control and prevention activities at the state level. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  185. 121358.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    People housed or detained under the tuberculosis program must not reside in correctional facilities, and program funds may not be used by those facilities. The department must work with local health jurisdictions to identify detention sites and notify counties by January 1, 1998.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121358. (a) Notwithstanding any other provision of law, individuals housed or detained through the tuberculosis control, housing, and detention program shall not reside in correctional facilities, and the funds available under that program with regard to those individuals shall not be disbursed to, or used by, correctional facilities. This section shall not be interpreted to prohibit the institutionalization of criminals with tuberculosis in correctional facilities. (b) The department shall work with local health jurisdictions to identify a detention site for recalcitrant tuberculosis patients appropriate for each local health jurisdiction in the state. The department shall notify all counties of their designated site by January 1, 1998. (Added by Stats. 1997, Ch. 294, Sec. 24. Effective August 18, 1997.)
  186. 121360.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Pulmonary tuberculosis is classified as an infectious, communicable disease dangerous to public health.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121360. Pulmonary tuberculosis is an infectious and communicable disease, dangerous to the public health, and all proper expenditures that may be made by any county, pursuant to this chapter, are necessary for the preservation of the public health of the county. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  187. 121360.5.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    This section sets rules for certifying and supervising tuberculin skin test technicians, limits what they may do, and requires certain reports and renewal steps.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121360.5. (a) Any city or county health department that elects to participate in this program shall provide for one-year certification of tuberculin skin test technicians by local health officers. (b) For purposes of this section, a “certified tuberculin skin test technician” is an unlicensed public health tuberculosis worker employed by, or under contract with, a local public health department, and who is certified by a local health officer to place and measure skin tests in the local health department’s jurisdiction. (c) A certified tuberculin skin test technician may perform the functions for which he or she is certified only if he or she meets all of the following requirements: (1) The certified tuberculin skin test technician is working under the direction of the local health officer or the tuberculosis controller. (2) The certified tuberculin skin test technician is working under the supervision of a licensed health professional. For purposes of this section, “supervision” means the licensed health professional is immediately available for consultation with the tuberculin skin test technician through telephonic or electronic contact. (d) A certified tuberculin skin test technician may perform intradermal injections only for the purpose of placing a tuberculin skin test and measuring the test result. (e) A certified tuberculin skin test technician may not be certified to interpret, and may not interpret, the results of a tuberculin skin test. (f) In order to be certified as a tuberculin skin test technician by a local health officer, a person shall meet all of the following requirements, and provide to the local health officer appropriate documentation establishing that he or she has met those requirements: (1) The person has a high school diploma, or its equivalent. (2) (A) The person has completed a standardized course approved by the California Tuberculosis Controllers Association (CTCA), which shall include at least 24 hours of instruction in all of the following areas: didactic instruction on tuberculosis control principles and instruction on the proper placement and measurement of tuberculin skin tests, equipment usage, basic infection control, universal precautions, and appropriate disposal of sharps, needles, and medical waste, client preparation and education, safety, communication, professional behavior, and the importance of confidentiality. (B) A certification of satisfactory completion of this CTCA-approved course shall be dated and signed by the local health officer, and shall contain the name and social security number of the tuberculin skin test technician, and the printed name, the jurisdiction, and the telephone number of the certifying local health officer. (3) The person has completed practical instruction including placing at least 30 successful intradermal tuberculin skin tests, supervised by a licensed physician or registered nurse at the local health department, and 30 correct measurements of intradermal tuberculin skin tests, at least 15 of which are deemed positive by the licensed physician or registered nurse supervising the practical instruction. A certification of the satisfactory completion of this practical instruction shall be dated and signed by the licensed physician or registered nurse supervising the practical instruction. (g) The certification may be renewed, and the local health department shall provide a certificate of renewal, if the certificate holder has completed in-service training, including all of the following: (1) At least three hours of a CTCA-approved standardized training course to ensure continued competency. This training shall include, but not be limited to, fundamental principles of tuberculin skin testing. (2) Practical instruction, under the supervision of a licensed physician or registered nurse at the local health department, including the successful placement and correct measurement of 10 tuberculin skin tests, at least five of which are deemed positive by the licensed physician or registered nurse supervising the practical instruction. (h) The local health officer or the tuberculosis controller may deny or revoke the certification of a tuberculin skin test technician if the local health officer or the tuberculosis controller finds that the technician is not in compliance with this section. (i) Each county or city participating in the program under this section using tuberculin skin test technicians, that elects to participate on or after January 1, 2005, shall submit to the CTCA a survey and an evaluation of its findings, including a review of the aggregate report, by July 1, 2006, and by July 1 of each year thereafter to, and including, July 1, 2011. The report shall include the following: (1) The number of persons trained and certified as tuberculin skin test technicians in that city or county. (2) The estimated number of tuberculin skin tests placed by tuberculin skin test technicians in that city or county. (j) By July 1, 2008, the CTCA shall submit a summary of barriers to implementing the tuberculosis technician program in the state to the department and to the appropriate policy and fiscal committees of the Legislature. (k) The local health officer of each participating city or county shall report to the Tuberculosis Control Branch within the department any adverse event that he or she determines has resulted from improper tuberculin skin test technician training or performance. (Amended by Stats. 2009, Ch. 298, Sec. 19. (AB 1540) Effective January 1, 2010.)
  188. 121361.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Certain facilities and correctional institutions may not discharge, release, or transfer people with active or suspected active tuberculosis unless the section’s notification and treatment-plan steps are met.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121361. (a) (1) A health facility, local detention facility, or state correctional institution shall not discharge or release any of the following persons unless subdivision (e) is complied with: (A) A person known to have active tuberculosis disease. (B) A person who the medical staff of the health facility or of the penal institution has reasonable grounds to believe has active tuberculosis disease. (2) In addition, persons specified in this subdivision may be discharged from a health facility only after a written treatment plan described in Section 121362 is approved by a local health officer of the jurisdiction in which the health facility is located. Any treatment plan submitted for approval pursuant to this paragraph shall be reviewed by the local health officer within 24 hours of receipt of that plan. (3) The approval requirement of paragraph (2) shall not apply to any transfer to a general acute care hospital when the transfer is due to an immediate need for a higher level of care, nor to any transfer from any health facility to a correctional institution. Transfers or discharges described in this paragraph shall occur only after the notification and treatment plan required by Section 121362 have been received by the local health officer. (4) This subdivision shall not apply to any transfer within the state correctional system or to any interfacility transfer occurring within a local detention facility system. (b) No health facility shall, without first complying with subdivision (e), transfer a person described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) to another health facility. This subdivision shall not apply to any transfer within the state correctional system or to any interfacility transfer occurring within a local detention facility system. (c) No state correctional institution or local detention facility shall transfer a person described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) from a state to a local, or from a local to a state, penal institution unless notification and a written treatment plan are received by the chief medical officer of the penal institution receiving the person. (d) No local detention facility shall transfer a person described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) to a local detention facility in another jurisdiction unless subdivision (e) is complied with and notification and a written treatment plan are received by the chief medical officer of the local detention facility receiving the person. (e) (1) Any discharge, release, or transfer described in subdivisions (a), (b), (c), and (d) may occur only after notification and a written treatment plan pursuant to Section 121362 has been received by the local health officer. When prior notification would jeopardize the person’s health, the public safety, or the safety and security of the penal institution, the notification and treatment plan shall be submitted within 24 hours of discharge, release, or transfer. (2) When a person described in paragraph (1) of subdivision (a) is released on parole from a state correctional institution, the notification and written treatment plan specified in this subdivision shall be provided to both the local health officer for the county in which the parolee intends to reside and the local health officer for the county in which the state correctional institution is located. (3) Notwithstanding any other provision of law, the Department of Corrections shall inform the parole agent, and other parole officials as necessary, that the person described in paragraph (1) of subdivision (a) has active or suspected active tuberculosis disease and provide information regarding the need for evaluation or treatment. The parole agent and other parole officials shall coordinate with the local health officer in supervising the person’s compliance with medical evaluation or treatment related to tuberculosis, and shall notify the local health officer if the person’s parole is suspended as a result of having absconded from supervision. (f) No health facility that declines to discharge, release, or transfer a person pursuant to this section shall be civilly or criminally liable or subject to administrative sanction therefor. This subdivision shall apply only if the health facility complies with this section and acts in good faith. (g) Nothing in this section shall relieve a local health officer of any other duty imposed by this chapter. (Amended by Stats. 2002, Ch. 763, Sec. 4. Effective January 1, 2003.)
  189. 121362.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Health care providers and certain facilities must report active tuberculosis cases and treatment changes to the local health officer, keep treatment-adherence records, and include specified information in required reports.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121362. Each health care provider who treats a person for active tuberculosis disease, each person in charge of a health facility, or each person in charge of a clinic providing outpatient treatment for active tuberculosis disease shall promptly report to the local health officer at the times that the health officer requires, but no less frequently than when there are reasonable grounds to believe that a person has active tuberculosis disease, and when a person ceases treatment for tuberculosis disease. Situations in which the provider may conclude that the patient has ceased treatment include times when the patient fails to keep an appointment, relocates without transferring care, or discontinues care. The initial disease notification report shall include an individual treatment plan that includes the patient’s name, address, date of birth, tuberculin skin test results or the results of any other test for tuberculosis infection recommended by the federal Centers for Disease Control and Prevention and licensed by the federal Food and Drug Administration, pertinent radiologic, microbiologic, and pathologic reports, whether final or pending, and any other information required by the local health officer. Subsequent reports shall provide updated clinical status and laboratory results, assessment of treatment adherence, name of current care provider if the patient transfers care, and any other information required by the local health officer. A facility discharge, release, or transfer report shall include all pertinent and updated information required by the local health officer not previously reported on any initial or subsequent report, and shall specifically include a verified patient address, the name of the medical provider who has specifically agreed to provide medical care, clinical information used to assess the current infectious state, and any other information required by the local health officer. Each health care provider who treats a person with active tuberculosis disease, and each person in charge of a health facility or a clinic providing outpatient treatment for active tuberculosis disease, shall maintain written documentation of each patient’s adherence to his or her individual treatment plan. Nothing in this section shall authorize the disclosure of test results for human immunodeficiency virus (HIV) unless authorized by Chapter 7 (commencing with Section 120975) of, Chapter 8 (commencing with Section 121025) of, and Chapter 10 (commencing with Section 121075) of Part 4 of Division 105. In the case of a parolee under the jurisdiction of the Department of Corrections and Rehabilitation, the local health officer shall notify the assigned parole agent, when known, or the regional parole administrator, when there are reasonable grounds to believe that the parolee has active tuberculosis disease and when the parolee ceases treatment for tuberculosis. Situations where the local health officer may conclude that the parolee has ceased treatment include times when the parolee fails to keep an appointment, relocates without transferring care, or discontinues care. (Amended by Stats. 2007, Ch. 24, Sec. 4. Effective January 1, 2008.)
  190. 121363.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Health care providers treating active tuberculosis must examine household contacts or refer them to the local health officer, notify the officer promptly, and report examination results when asked.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121363. Each health care provider who treats a person for active tuberculosis disease shall examine, or cause to be examined, all household contacts or shall refer them to the local health officer for examination. Each health care provider shall promptly notify the local health officer of the referral. When required by the local health officer, nonhousehold contacts and household contacts not examined by a health care provider shall submit to examination by the local health officer or designee. If any abnormality consistent with tuberculosis disease is found, steps satisfactory to the local health officer shall be taken to refer the person promptly to a health care provider for further investigation, and if necessary, treatment. Contacts shall be reexamined at times and in a manner as the local health officer may require. When requested by the local health officer, a health care provider shall report the results of any examination related to tuberculosis of a contact. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  191. 121364.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Local health officers may order tuberculosis examinations in their jurisdiction for preventive purposes, with an exception for people incarcerated in state correctional institutions.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121364. (a) Within the territory under his or her jurisdiction, each local health officer may order examinations for tuberculosis infection for the purposes of directing preventive measures for persons in the territory, except those incarcerated in a state correctional institution, for whom the local health officer has reasonable grounds to determine are at heightened risk of tuberculosis exposure. (b) An order for examination pursuant to this section shall be in writing and shall include other terms and conditions as may be necessary to protect the public health. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  192. 121365.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    Local health officers must investigate reported or suspected active tuberculosis cases and may issue enforcement orders to protect public health; some involuntary measures are allowed, but involuntary medication and anergy testing are not authorized.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121365. Each local health officer is hereby directed to use every available means to ascertain the existence of, and immediately investigate all reported or suspected cases of active tuberculosis disease in the jurisdiction, and to ascertain the sources of those infections. In carrying out the investigations, each local health officer shall follow applicable local rules and regulations and all general and special rules, regulations, and orders of the state department. If the local health officer determines that the public health in general or the health of a particular person is endangered by exposure to a person who is known to have active tuberculosis disease, or to a person for whom there are reasonable grounds to believe has active tuberculosis disease, the local health officer may issue any orders he or she deems necessary to protect the public health or the health of any other person, and may make application to a court for enforcement of the orders. Upon the receipt of information that any order has been violated, the health officer shall advise the district attorney of the county in which the violation has occurred, in writing, and shall submit to the district attorney the information in his or her possession relating to the subject matter of the order, and of the violation or violations thereof. The orders may include, but shall not be limited to, any of the following: (a) An order authorizing the removal to, detention in, or admission into, a health facility or other treatment facility for appropriate examination for active tuberculosis disease of a person who is known to have active tuberculosis disease, or a person for whom there are reasonable grounds to believe that the person has active tuberculosis disease and who is unable or unwilling voluntarily to submit to the examination by a physician or by the local health officer. Any person whom the health officer determines should have an examination for tuberculosis disease may have the examination made by a physician and surgeon of his or her own choice who is licensed to practice medicine under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code under terms and conditions as the local health officer shall determine on reasonable grounds to be necessary to protect the public health. This section does not authorize the local health officer to mandate involuntary anergy testing. (b) An order requiring a person who has active tuberculosis disease to complete an appropriate prescribed course of medication for tuberculosis disease and, if necessary, to follow required infection control precautions for tuberculosis disease. This subdivision does not allow the forceable or involuntary administration of medication. (c) An order requiring a person who has active tuberculosis disease and who is unable or unwilling otherwise to complete an appropriate prescribed course of medication for tuberculosis disease to follow a course of directly observed therapy. This subdivision does not allow forceable or involuntary administration of medication. (d) An order for the removal to, detention in, or admission into, a health facility or other treatment facility of a person if both of the following occur: (1) The person has infectious tuberculosis disease, or who presents a substantial likelihood of having infectious tuberculosis disease, based upon proven epidemiologic evidence, clinical evidence, X-ray readings, or tuberculosis laboratory test results. (2) The local health officer finds, based on recognized infection control principles, that there is a substantial likelihood the person may transmit tuberculosis to others because of his or her inadequate separation from others. (e) An order for the removal to, detention in, or admission into, a health facility or other treatment facility of a person if both of the following occur: (1) The person has active tuberculosis disease, or has been reported to the health officer as having active tuberculosis disease with no subsequent report to the health officer of the completion of an appropriate prescribed course of medication for tuberculosis disease. (2) There is a substantial likelihood, based on the person’s past or present behavior, that he or she cannot be relied upon to participate in or complete an appropriate prescribed course of medication for tuberculosis disease and, if necessary, follow required infection control precautions for tuberculosis disease. The behavior may include, but is not limited to, refusal or failure to take medication for tuberculosis disease, refusal or failure to keep appointments or treatment for tuberculosis disease, refusal or failure to complete the treatment for tuberculosis disease, or disregard for infection control precautions for active tuberculosis disease. (f) An order for exclusion from attendance at the workplace for persons with infectious tuberculosis disease. The order may, also, exclude the person from any place when the local health officer determines that the place cannot be maintained in a manner adequate to protect others against the spread of tuberculosis disease. (g) An order for isolation of persons with infectious tuberculosis disease to their place of residence until the local health officer has determined that they no longer have infectious tuberculosis disease. (h) This section shall apply to all persons except those incarcerated in a state correctional institution. (i) This section shall not be construed to require a private hospital or other private treatment facility to accept any patient without a payment source, including county responsibilities under Section 17000 of the Welfare and Institutions Code, except as required by Sections 1317 et seq. or by federal law. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  193. 121366.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A local health officer may detain certain persons for examination or treatment without a prior court order, but must seek court review on a strict timetable and provide counsel rights to detained persons.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121366. The local health officer may detain in a hospital or other appropriate place for examination or treatment, a person who is the subject of an order of detention issued pursuant to subdivision (a), (d), or (e) of Section 121365 without a prior court order except that when a person detained pursuant to subdivision (a), (d), or (e) of Section 121365 has requested release, the local health officer shall make an application for a court order authorizing the continued detention within 72 hours after the request or, if the 72-hour period ends on a Saturday, Sunday, or legal holiday, by the end of the first business day following the Saturday, Sunday, or legal holiday, which application shall include a request for an expedited hearing. After the request for release, detention shall not continue for more than five business days in the absence of a court order authorizing detention. However, in no event shall any person be detained for more than 60 days without a court order authorizing the detention. The local health officer shall seek further court review of the detention within 90 days following the initial court order authorizing detention and thereafter within 90 days of each subsequent court review. In any court proceeding to enforce a local health officer’s order for the removal or detention of a person, the local health officer shall prove the particularized circumstances constituting the necessity for the detention by clear and convincing evidence. Any person who is subject to a detention order shall have the right to be represented by counsel and upon the request of the person, counsel shall be provided. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  194. 121367.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    A local health officer’s order must include specified information and be served on the named person. Detention orders must explain the detention and tell the detained person about release, counsel, and notice rights.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121367. (a) An order of a local health officer pursuant to Section 121365 shall set forth all of the following: (1) The legal authority under which the order is issued, including the particular sections of state law or regulations. (2) An individualized assessment of the person’s circumstances or behavior constituting the basis for the issuance of the order. (3) The less restrictive treatment alternatives that were attempted and were unsuccessful, or the less restrictive treatment alternatives that were considered and rejected, and the reasons the alternatives were rejected. (4) The orders shall be in writing, and shall include the name of the person, the period of time during which the order shall remain effective, the location, payer source if known, and other terms and conditions as may be necessary to protect the public health. Upon issuing an order, a copy of the order shall be served upon the person named in the order. (b) An order for the detention of a person shall do all of the following: (1) Include the purpose of the detention. (2) Advise the person being detained that he or she has the right to request release from detention by contacting a person designated on the local health officer’s order at the telephone number stated on the order and that the detention shall not continue for more than five business days after the request for release, in the absence of a court order authorizing the detention. (3) Advise the person being detained that, whether or not he or she requests release from detention, the local health officer is required to obtain a court order authorizing detention within 60 days following the commencement of detention and thereafter shall further seek court review of the detention within 90 days of the court order and within 90 days of each subsequent court review. (4) Advise the person being detained that he or she has the right to arrange to be represented by counsel or to have counsel provided, and that if he or she chooses to have counsel provided, the counsel will be notified that the person has requested legal representation. (5) Be accompanied by a separate notice that shall include, but not be limited to, all of the following additional information: (A) That the person being detained has the right to request release from detention by contacting a person designated on the local health officer’s order at a telephone number stated on the order, and that the detention shall not continue for more than five business days after the request in the absence of a court order authorizing the detention. (B) That he or she has the right to arrange to be advised and represented by counsel or to have counsel provided, and that if he or she chooses to have counsel provided, the counsel will be notified that the person has requested legal representation. (C) That he or she may supply the addresses or telephone numbers of not more than two individuals to receive notification of the person’s detention, and that the local health officer shall, at the patient’s request, provide notice within the limits of reasonable diligence to those people that the person is being detained. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  195. 121368.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    People detained under these tuberculosis detention rules must be released when the detention purpose ends, and further detention needs a local health officer’s order in the stated cases.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121368. Notwithstanding any inconsistent provision of Section 121365, 121366 or 121367, all of the following shall apply: (a) A person who is detained solely pursuant to subdivision (a) of Section 121365 shall not continue to be detained beyond the minimum period of time required, with the exercise of all due diligence, to make a medical determination of whether a person who is suspected of having tuberculosis disease, has active tuberculosis or whether a person who has active tuberculosis disease has infectious tuberculosis disease. Further detention of the person shall be authorized only upon the issuance of a local health officer’s order pursuant to subdivision (d) or (e) of Section 121365. (b) A person who is detained solely for the reasons described in subdivision (d) of Section 121365 shall not continue to be detained after he or she ceases to be infectious or after the local health officer ascertains that changed circumstances exist that permit him or her to be adequately separated from others so as to prevent transmission of tuberculosis disease after his or her release from detention. (c) A person who is detained for the reasons described in subdivision (e) of Section 121365 shall not continue to be detained after he or she has completed an appropriate prescribed course of medication. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  196. 121369.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The local health officer must make orders authorized under the cited sections, may delegate that authority in limited ways, and may not make orders that incorporate other rules by reference.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121369. For purposes of Sections 121365, 121366, and 121367, all of the following shall apply: (a) If necessary, language interpreters and persons skilled in communicating with vision-impaired and deaf or hard-of-hearing individuals shall be provided in accordance with applicable law. (b) Those sections do not permit or require the forcible administration of any medication without a prior court order. (c) Any and all orders authorized under those sections shall be made by the local health officer. His or her authority to make the orders may be delegated to the person in charge of medical treatment of inmates in penal institutions within the local health officer’s jurisdiction, or pursuant to Section 7. The local health officer shall not make any orders incorporating by reference any other rules or regulations. (Amended by Stats. 2016, Ch. 94, Sec. 19. (AB 1709) Effective January 1, 2017.)
  197. 121370.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    People who depend exclusively on prayer healing and claim the exemption are not subject to examination or inspection, and they do not have to take medical treatment or be confined in a hospital if they can be safely quarantined or isolated at home or another suitable place.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121370. No examination or inspection shall be required of any person who depends exclusively on prayer for healing in accordance with the teachings of any well recognized religious sect, denomination or organization and claims exemption on that ground, except that the provisions of this code regarding compulsory reporting of communicable diseases and isolation and quarantine shall apply where there is probable cause to suspect that the person is infected with the disease in a communicable stage. Such person shall not be required to submit to any medical treatment, or to go to or be confined in a hospital or other medical institution; provided, he or she can be safely quarantined and/or isolated in his or her own home or other suitable place of his or her choice. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  198. 121375.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department may inspect and access records of institutions and clinics, public or private, where tuberculosis patients are treated.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121375. The department may inspect and have access to all records of all institutions and clinics, both public and private, where tuberculosis patients are treated. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  199. 121380.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department may advise officers of state educational, correctional, and medical institutions about tuberculosis control and the care of tuberculosis patients.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121380. The department may advise officers of state educational, correctional, and medical institutions regarding the control of tuberculosis and the care of tuberculosis patients. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
  200. 121390.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. )

    Verify source ↗

    The department must lease any facilities it deems necessary to care for people with active contagious tuberculosis who violate quarantine or isolation orders.

    ## Health and Safety Code - HSC ## DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476] ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. ) ## PART 5. TUBERCULOSIS [121350 - 121560] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 7. ) ## CHAPTER 1. Tuberculosis Control [121350 - 121460] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 7. ) ## 121390. The department shall lease any facilities it deems necessary to care for persons afflicted with active contagious tuberculosis who violate the quarantine or isolation orders of the health officer as provided in Section 120280. (Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.