Health & Safety Code 121022(a) (2006; amended by AB 2541, 2010)
Summary:
Health care providers and laboratories shall report HIV infection cases and patient names to local health officers in order to keep California competitive for federal HIV and AIDS funding. Local health officers shall report unduplicated HIV cases by name to the State Department of Health Services.
Parties Bound:
Health care providers, laboratories, health officers California Penalty:
Health & Safety Code 121025(e): (1): Negligent disclosures of confidential public health record are subject to a civil penalty not to exceed $2500 plus any court costs. (2) Willful or malicious disclosures are subject to a civil penalty of not less than $5,000 and not more than $10,000 plus court costs. (c) Persons willfully or maliciously disclosing information in a confidential public health record is guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than one year or a fine of not more than $25,000 or both, plus court costs. (4) Any person violating (1), (2), or (3) shall be liable to person whose information was disclosed for actual damages arising from such disclosure. Associated Federal Law(s):
Uses and disclosures for which an authorization or opportunity to agree or object is not required : for public health activities, official records