120980
. (a) Any person who negligently discloses results of an HIV
test, as defined in subdivision (c) of Section 120775, to any third
party, in a manner that identifies or provides identifying
characteristics of the person to whom the test results apply, except
pursuant to a written authorization, as described in subdivision (g),
or except as provided in Section 1603.1, 1603.3, or 121022 or any
other statute that expressly provides an exemption to this section,
shall be assessed a civil penalty in an amount not to exceed two
thousand five hundred dollars ($2,500) plus court costs, as
determined by the court, which penalty and costs shall be paid to the
subject of the test.
(b) Any person who willfully or maliciously discloses the results
of an HIV test, as defined in subdivision (c) of Section 120775, to
any third party, in a manner that identifies or provides identifying
characteristics of the person to whom the test results apply, except
pursuant to a written authorization, as described in subdivision (g),
or except as provided in Section 1603.1, 1603.3, or 121022 or any
other statute that expressly provides an exemption to this section,
shall be assessed a civil penalty in an amount not less than five
thousand dollars ($5,000) and not more than ten thousand dollars
($10,000) plus court costs, as determined by the court, which penalty
and costs shall be paid to the subject of the test.
(c) Any person who willfully, maliciously, or negligently
discloses the results of an HIV test, as defined in subdivision (c)
of Section 120775, to a third party, in a manner that identifies or
provides identifying characteristics of the person to whom the test
results apply, except pursuant to a written authorization, as
described in subdivision (g), or except as provided in Section
1603.1, 1603.3, or 121022 or any other statute that expressly
provides an exemption to this section, that results in economic,
bodily, or psychological harm to the subject of the test, is guilty
of a misdemeanor, punishable by imprisonment in the county jail for a
period not to exceed one year, or a fine of not to exceed
twenty-five thousand dollars ($25,000), or both.
(d) Any person who commits any act described in subdivision (a) or
(b) shall be liable to the subject for all actual damages, including
damages for economic, bodily, or psychological harm that is a
proximate result of the act.
(e) Each disclosure made in violation of this chapter is a
separate and actionable offense.
(f) Except as provided in Article 6.9 (commencing with Section
799) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, the
results of an HIV test, as defined in subdivision (c) of Section
120775, that identifies or provides identifying characteristics of
the person to whom the test results apply, shall not be used in any
instance for the determination of insurability or suitability for
employment.
(g) "Written authorization," as used in this section, applies only
to the disclosure of test results by a person responsible for the
care and treatment of the person subject to the test. Written
authorization is required for each separate disclosure of the test
results, and shall include to whom the disclosure would be made.
(h) Nothing in this section limits or expands the right of an
injured subject to recover damages under any other applicable law.
Nothing in this section shall impose civil liability or criminal
sanction for disclosure of the results of tests performed on cadavers
to public health authorities or tissue banks.
(i) Nothing in this section imposes liability or criminal sanction
for disclosure of an HIV test, as defined in subdivision (c) of
Section 120775, in accordance with any reporting requirement for a
case of HIV infection, including AIDS by the department or the
Centers for Disease Control and Prevention under the United States
Public Health Service.
(j) The department may require blood banks and plasma centers to
submit monthly reports summarizing statistical data concerning the
results of tests to detect the presence of viral hepatitis and HIV.
This statistical summary shall not include the identity of individual
donors or identifying characteristics that would identify individual
donors.
(k) "Disclosed," as used in this section, means to disclose,
release, transfer, disseminate, or otherwise communicate all or any
part of any record orally, in writing, or by electronic means to any
person or entity.
(l) When the results of an HIV test, as defined in subdivision (c)
of Section 120775, are included in the medical record of the patient
who is the subject of the test, the inclusion is not a disclosure
for purposes of this section.