Section 1621.5 Of Article 6. Enforcement From California Health And Safety Code >> Division 2. >> Chapter 4. >> Article 6.
1621.5
. (a) It is a felony punishable by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for two, four, or
six years, for any person to donate blood, body organs or other
tissue, semen to any medical center or semen bank that receives semen
for purposes of artificial insemination, or breast milk to any
medical center or breast milk bank that receives breast milk for
purposes of distribution, whether he or she is a paid or a volunteer
donor, who knows that he or she has acquired immunodeficiency
syndrome (AIDS), as diagnosed by a physician and surgeon, or who
knows that he or she has tested reactive to HIV. This section shall
not apply to any person who is mentally incompetent or who
self-defers his or her blood at a blood bank or plasma center
pursuant to subdivision (b) of Section 1603.3 or who donates his or
her blood for purposes of an autologous donation.
(b) In a criminal investigation for a violation of this section,
no person shall disclose the results of a blood test to detect the
etiologic agent of AIDS or antibodies to that agent to any officer,
employee, or agent of a state or local agency or department unless
the test results are disclosed as otherwise required by law pursuant
to any one of the following:
(1) A search warrant issued pursuant to Section 1524 of the Penal
Code.
(2) A judicial subpoena or subpoena duces tecum issued and served
in compliance with Chapter 2 (commencing with Section 1985) of Title
3 of Part 4 of the Code of Civil Procedure.
(3) An order of a court.
(c) For purposes of this section, "blood" means "human whole blood"
and "human whole blood derivatives," as defined for purposes of this
chapter and includes "blood components," as defined in subdivision
(k) of Section 1603.1.