Health & Safety Code 121025(c) (2006)

Summary:

Disclosure of HIV/AIDS records by a state or local public health agency for public health or research purposes shall be limited to the information necessary for the purpose of that disclosure, and shall be made only upon agreement that the information will be kept confidential and will not be further disclosed without written authorization of the subject or his/her guardian/conservator.
Exceptions: disclosures authorized (1) for the purpose of enhancing completeness of HIV/AIDS, tuberculosis, and sexually transmitted disease coinfection reporting to the federal Centers for Disease Control and Prevention (CDC); (2) to facilitate appropriate HIV/AIDS medical care and treatment; (3) to facilitate appropriate medical care and treatment of persons coinfected with HIV, tuberculosis, and any STD(s), the local public health agency STD and tuberculosis control staff may further disclose the information to (i) the state or local public health agency staff, (ii) the HIV-positive person who is the subject of the record, or (iii) the health care provider who provides his or her HIV, tuberculosis, and sexually transmitted disease care.

Keywords:
agency, agency information sharing, redisclosure, HIV/AIDS, public health, records disclosure to patient, STDs, research
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): 
164.502(b)
Uses and disclosures of protected health information: general rules : Minimum necessary - covered entity must make reasonable efforts to limit the use/disclosure of protected health information to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request; exceptions.