Health & Safety Code 120917(a) (2001; amended by SB 221, 2009)
Summary:
An HIV counselor who is trained by the Office of AIDS and working in an HIV counseling and testing site funded by the Department of Health Services through a local health jurisdiction may order and report HIV test results from tests performed pursuant to the federal Clinical Laboratory Improvement Act to patients or their authorized representatives, without authorization. Patients with indeterminate or positive test results from such tests 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.
Parties Bound:
HIV counselors trained by the Office of AIDS Associated Federal Law(s):
Uses and disclosures of protected health information: general rules : A covered entity may not use or disclose protected health information; exceptions (disclosure to the individual).
Associated Federal Law(s):
Uses and disclosures of protected health information: general rules : personal representatives - must be treated as the individual with respect to the protected health information
Associated Federal Law(s):
Uses and disclosures to carry out treatment, payment, or health care operations
: Permitted uses and disclosures