Health and Safety Code section 120895
Mentioned in
HIV confidentiality laws by state: What to know
Medical News Today, March 2, 2022
“This article discusses the different types of laws relating to HIV in the U.S. and outlines the many state-specific laws surrounding the virus.”
Bibliographic info
(a)
Each county, designated by the director, shall make the test available within its jurisdiction without charge, in an accessible manner and the tests shall be made available by the county on an anonymous basis through use of a coded system with no linking of individual identity with the test request or results. The number and location of sites in each county designated by the director shall be approved by the director. The test shall be made available by the county either directly or by contract with a physician and surgeon or with any clinic or health facility licensed by the department. Neither the county nor anyone else administering the test described in this section and Sections 120885 and 120890, shall ask for the name, social security number, or any other information that could reveal the identity of the individual who takes the test. Each alternative test site shall make available confidential information and referral services, within the funds available, to individuals who seek testing. A county may subcontract with individuals or entities to provide information and referral services.(b)
The department shall establish a reimbursement process for counties within 30 days after the effective date of this section for the following services:(1)
Informing test applicants on the test’s reliability and validity.(2)
Administration of tests, analysis of test samples, and costs associated with the laboratory work required by this antibody test.(3)
Short-term information and referral sessions, of no more than one visit per person tested for the purpose of transmitting the person’s test results and, as requested, for referral to available followup services.(c)
The department may replace the test for the antibody to the probable causative agent for AIDS with another type of HIV test, as the department deems appropriate.(d)
The director may grant a waiver to a county from the requirements of this section and Sections 120885 and 120890 if the county petitions the director for the waiver and the director determines that the waiver is consistent with the purposes of this section and Sections 120885 and 120890.(e)
A participating county or the department may accept grants, donations, and in-kind services for purposes of carrying out this section and Sections 120885 and 120890.
Source:
Section 120895, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=120895.
(accessed Apr. 24, 2025).