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Summary:

(a) To ensure knowledge of current trends in the HIV epidemic and to ensure that California remains competitive for federal HIV and AIDS funding, health care providers and laboratories shall report cases of HIV infection to the local health officer using patient names on a form developed by the State Department of Health Services. Both the local health officer and the department shall be authorized to access reports of HIV infection that are electronically submitted by laboratories. Local health officers shall report unduplicated HIV cases by name to the department.

Summary:

(c) The Department of Health Services and local health officers shall ensure continued reasonable access to anonymous HIV testing through alternative testing sites, in consultation with HIV planning groups and affected stakeholders, including representatives of persons living with HIV and health officers.

Summary:

(f) State and local health department employees and contractors must sign confidentiality agreements before accessing confidential HIV related public health records. Such agreements shall include information of penalties for breach of confidentiality and procedures for reporting breach. The agreements shall also be reviewed annually by either the department or the appropriate local health department.

Summary:

(g) Identifying information for HIV cases reported to the local health officer and the State Department of Health Services shall not be disclosed to the federal government except when the confidential information is necessary to the investigation, control, or surveillance of disease.

Summary:

(h)(1) Any potential or actual breach of confidentiality of HIV-related public health records shall be investigated by the local health officer, in coordination with the Department of Health Services, when appropriate. The local health officer shall immediately report any evidence of an actual breach of confidentiality of HIV-related public health records at a city or county level to the department and the appropriate law enforcement agency. (2) The department will investigate confidentiality breaches at the state level, and report any evidence of an actual breach to the appropriate law enforcement agency.

Summary:

(a) Inmates in a state prison cannot be administered psychiatric medication without prior informed consent. (b) However, inmates can be involuntarily treated on a non-emergency basis or an emergency basis, if certain conditions are met. (c) The Department of Corrections and Rehabilitation can administer involuntary medication on a nonemergency basis if an administrative hearing determines by clear and convincing evidence that the inmate has a mental illness or disorder, that as a result of that illness the inmate lacks the capacity to consent to or refuse treatment with psychiatric medications or is a danger to self or others if not medicated, that there is no less intrusive alternative to involuntary medication, and that the medication is in the inmate's best medical interest. (c)(7)(B) The inmate has the right to be represented by counsel at all stages of the proceedings. Prior to the hearing, counsel for the inmate shall have access to all medical records and files of the inmate, but shall not have access to the confidential section of the inmate's central file which contains materials unrelated to medical treatment. (d) A physician can administer psychiatric medication to an inmate without prior informed consent during an emergency (i.e., a sudden and marked change in an inmate's mental condition so that action is immediately necessary for the preservation of life or the prevention of serious bodily harm to the inmate or others, and it is impractical, due to the seriousness of the emergency, to first obtain informed consent). The medication shall only be that which is required to treat the emergency condition and shall be administered for only so long as the emergency continues to exist. However, if the situation necessitates the continuation of medication beyond the initial 72 hours pending the full mental health hearing, the department shall give notice to the inmate and his or her counsel of the department's intention to seek an ex parte order to allow the continuance of medication pending the full hearing. The order may be issued ex parte upon a showing that in the absence of the medication the emergency conditions are likely to recur. The request for an ex parte order shall be supported by an affidavit from the psychiatrist showing specific facts. ...

Summary:

The Department of Correction shall require that all employees receive mandatory annual and pre-employment examination and testing for tuberculosis. Employees testing positive on the skin test shall receive a follow-up examination to set out a treatment plan. The department shall maintain on file physician-signed certifications of employees that they have tested negative.

Summary:

Tuberculosis test results of correctional employees shall be reported to the State Department of Health Services.

Summary:

(a) The Inspector General has access to any and all documents and other records of the Department of Corrections and Rehabilitation in connection with the Inspector General's duties. (b) The Inspector General has access to the records and property of any public or private entity or person to the same extent that employees or officers of that agency/ entity have access. No law or any agreement entered into providing for the confidentiality or privilege of any records or property shall prevent disclosure to the Inspector General. However, any access, examination, and reproduction shall not result in the waiver of any confidentiality or privilege regarding any records or property. (d) The Inspector General may also require any employee of the Department of Corrections and Rehabilitation to be interviewed on a confidential basis.

Summary:

Any customer injured by a violation of this title [i.e. by disclosure of personal information] may institute a civil action to recover damages.

Keywords:
business, penalty
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