Section 121020 Of Chapter 7. Mandated Blood Testing And Confidentiality To Protect Public Health From California Health And Safety Code >> Division 105. >> Part 4. >> Chapter 7.
121020
. (a) (1) When the subject of an HIV test is not competent to
give consent for the test to be performed, written consent for the
test may be obtained from the subject's parents, guardians,
conservators, or other person lawfully authorized to make health care
decisions for the subject. For purposes of this paragraph, a minor
shall be deemed not competent to give consent if he or she is under
12 years of age.
(2) Notwithstanding paragraph (1), when the subject of the HIV
test is a minor adjudged to be a dependent child of the court
pursuant to Section 360 of the Welfare and Institutions Code, written
consent for the test to be performed may be obtained from the court
pursuant to its authority under Section 362 or 369 of the Welfare and
Institutions Code.
(3) (A) Notwithstanding paragraphs (1) and (2), if the subject of
the test is an infant who is less than 12 months of age who has been
taken into temporary custody pursuant to Article 7 (commencing with
Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code or who has been, or has a petition filed with the
court to be, adjudged a dependent child of the court pursuant to
Section 360 of the Welfare and Institutions Code, the social worker
may provide written consent for an HIV test to be performed when the
infant is receiving medical care pursuant to Section 369 of the
Welfare and Institutions Code, if all of the following have occurred:
(i) The attending physician and surgeon determines that HIV
testing is necessary to render appropriate care to the infant and
documents that determination. When deciding whether HIV testing is
necessary, the physician and surgeon shall consider appropriate
factors, either known to the attending physician and surgeon or
provided to the attending physician and surgeon by the social worker,
including, but not limited to, whether the infant has a parent with
a history of behavior that places the parent at an increased risk of
exposure to HIV, or whether the infant is a victim of sexual abuse,
which has placed the child at risk of exposure to HIV.
(ii) The social worker provides known information concerning the
infant's possible risk factors regarding exposure to HIV to the
attending physician and surgeon.
(iii) The social worker has made reasonable efforts to contact the
parent or guardian but was unable to do so, and the social worker
has documented his or her efforts to contact that person.
(B) The attending physician and surgeon and the social worker
shall comply with all applicable state and federal confidentiality
and privacy laws, including Section 121025, to protect the
confidentiality and privacy interests of both the infant and the
biological mother.
(b) Written consent shall only be obtained for the subject
pursuant to paragraphs (1) and (2) of subdivision (a) when necessary
to render appropriate care or to practice preventative measures.
(c) The person authorized to consent to the test pursuant to
subdivision (a) shall be permitted to do any of the following:
(1) Notwithstanding Sections 120975 and 120980, receive the
results of the test on behalf of the subject without written
authorization.
(2) Disclose the test results on behalf of the subject in
accordance with Sections 120975 and 120980.
(3) Provide written authorization for the disclosure of the test
results on behalf of the subject in accordance with Sections 120975
and 120980.
(d) (1) If an infant tested for HIV pursuant to paragraph (3) of
subdivision (a) tests positive for HIV infection and the physician
and surgeon determines that immediate HIV medical care is necessary
to render appropriate care to that infant, the provision of HIV
medical care shall be considered emergency medical care, pursuant to
subdivision (d) of Section 369 of the Welfare and Institutions Code.
(2) If an infant tests positive for HIV in a test performed
pursuant to this section, the social worker shall provide to the
physician and surgeon any available contact information for the
biological mother for purposes of reporting the HIV infection to the
local health officer pursuant to Section 121022. Cases reported to
the local health officer under this subdivision are subject to the
requirements of Section 120175.