Health & Safety Code 121015(a)&(b) (2006)
Summary:
(a) Physician or surgeon may disclose the results of a patient's confirmed positive HIV test to a person reasonably thought to be the patient's spouse, a person reasonably believed to be the patient's sexual partner, a person reasonably believed to have shared hypodermic needles with the patient, or to the local health officer. However, no identifying information about the individual may be disclosed, except as per 121022. (b) The physician/surgeon shall notify the patient of his intent to notify such persons of the results and attempt to obtain the patient's voluntary consent for disclosure. Disclosures are limited to the purposes of diagnosis, treatment, and care of notified persons and to break the chain of transmission.
Parties Bound:
Physician, Surgeon Associated Federal Law(s):
Uses and disclosures for which an authorization is required : Authorization is generally required for use or disclosure of protected health information. Exceptions (listed).
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
Associated Federal Law(s):
Other requirements relating to uses and disclosures of protected health information : Requirements for de-identification of protected health information (a covered entity may determine that health information is not individually identifiable health information)