Chapter 4. Testing Procedures of California Penal Code >> Title 8. >> Part 3. >> Chapter 4.
The following procedures shall apply to testing conducted
under this title:
(a) The withdrawal of blood shall be performed in a medically
approved manner. Only a physician, registered nurse, licensed
vocational nurse, licensed medical technician, or licensed
phlebotomist may withdraw blood specimens for the purposes of this
(b) The chief medical officer, as specified in Chapter 2
(commencing with Section 7510), shall order that the blood specimens
be transmitted to a licensed medical laboratory which has been
approved by the State Department of Health Services for the
conducting of HIV testing, and that tests including all readily
available confirmatory tests be conducted thereon for medically
accepted indications of exposure to or infection with HIV. The State
Department of Health Services shall adopt standards for the approval
of medical laboratories for the conducting of HIV testing under this
title. The State Department of Health Services shall adopt standards
for the conducting of tests under Section 7530. Testing for hepatitis
B or C may be conducted by any licensed medical laboratory approved
by the chief medical officer.
(c) Copies of the test results shall be sent by the laboratory to
the chief medical officer who made the decision under either Section
7511 or 7512 or who convened the panel under Section 7515 or 7516.
The laboratory shall be responsible for protecting the
confidentiality of these test results. Willful or negligent breach of
this responsibility shall be grounds for a violation of the
(d) The test results shall be sent by the chief medical officer to
the designated recipients with the following disclaimer:
"The tests were conducted in a medically approved manner but tests
cannot determine exposure to or infection by AIDS or other
communicable diseases with absolute accuracy. Persons receiving this
test result should continue to monitor their own health and should
consult a physician as appropriate."
(e) If the person subject to the test is a minor, copies of the
test result shall also be sent to the minor's parents or guardian.
(f) All persons, other than the test subject, who receive test
results shall maintain the confidentiality of personal identifying
data relating to the test results, except for disclosure which may be
necessary to obtain medical or psychological care or advice, or to
comply with this title.
(g) The specimens and the results of the tests shall not be
admissible evidence in any criminal or disciplinary proceeding.
(h) Any person performing testing, transmitting test results, or
disclosing information in accordance with this title shall be immune
from civil liability for any action undertaken in accordance with
Notwithstanding any other provision of law, no positive test
results obtained pursuant to this title shall be disclosed to any
person unless the initial positive test result has been confirmed by
appropriate confirmatory tests for positive reactors.