Health & Safety Code 120990 (2007)
Prior to ordering an HIV test, the medical care provider must provide information to the subject and obtain consent from person being tested. If a patient declines the test, the provider shall note the fact in the subject's file.
Data Origin:medical care provider
Parties Bound:medical care provider
California Penalty:subject may decline test and it will be recorded in patient medical file
Other Relevant California Code Sections:Health & Safety Code 121020, 120890 and 120895; Civil Code 54; Americans With Disabilities Act of 1990; California Fair Employment and Housing Act; Health & Safety Code 120990(f): nothing in this section permits the unlawful disclosure of an individual's HIV status.
Associated Federal Law(s):
Uses and disclosures to carry out treatment, payment, or health care operations : Consent for uses and disclosures