Statutes, codes, and regulations
California Code Of Regulations
Title 17 - Public HealthDivision 1 - State Department of Health ServicesChapter 4 - Preventive Medical ServiceSubchapter 1 - Reportable Diseases and ConditionsArticle 3.5 - Reporting of Human Immunodeficiency Virus (HIV) Infection
Subarticle 4 - Reporting Requirements
Section 2643.15 - HIV Reporting by Local Health Officers

Cal. Code Regs. tit. 17 § 2643.15

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Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 2643.15 - HIV Reporting by Local Health Officers
(a) The local Health Officer or his or her authorized designee shall match and unduplicate laboratory reports of confirmed HIV tests with the local health department HIV/AIDS registry database and with HIV/AIDS Case Reports received from health care providers and not entered into the database.
(b) The Health Officer or his or her authorized designee shall, within 45 calendar days of receipt of a laboratory report of a confirmed HIV test, submit unduplicated HIV/AIDS Case Reports to the Department.
(1) HIV/AIDS Case Reports shall be sent by Courier service, U.S. Postal Service Express or Registered mail, or other traceable mail, person to person transfer, facsimile, or electronically by a secure and confidential electronic reporting system established by the department to the California Department of Public Health, Office of AIDS, Surveillance Section.
(2) The local Health Officer or his or her authorized designee shall not report confirmed HIV tests for patients of an Alternative Testing Site or other anonymous counseling and testing program, a blood bank, a plasma center, or for participants of a blinded and/or unlinked HIV seroprevalence study.
(c) The local Health Officer or his or her authorized designee shall not submit an HIV/AIDS Case Report to the Department for an infant under the age of 18 months, unless the infant's HIV infection is confirmed.
(d) All local health department employees and contractors shall sign the HIV/AIDS Confidentiality Agreement prior to accessing confidential HIV-related public health records. All HIV/AIDS Confidentiality Agreements shall be renewed at least once per year.
(e) Information reported pursuant to this Article is acquired in confidence and shall not be disclosed by the local Health Officer or his or her authorized designee except as authorized by this Article, other state or federal law, or with the written consent of the individual to whom the information pertains or the legal representative of the individual.

Cal. Code Regs. Tit. 17, § 2643.15

1. New section filed 5-2-2002; operative 7-1-2002 (Register 2002, No. 18).
2. New subsection (d), subsection relettering and amendment of NOTE filed 1-8-2007 as an emergency pursuant to Health and Safety Code section 121022, subdivision (c); operative 1-8-2007 (Register 2007, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-8-2007 or emergency language will be repealed by operation of law on the following day.
3. New subsection (d), subsection relettering and amendment of NOTE refiled 4-18-2007 as an emergency pursuant to Health and Safety Code section 121022, subdivision (c); operative 5-9-2007 (Register 2007, No. 16). A Certificate of Compliance must be transmitted to OAL by 9-6-2007 or emergency language will be repealed by operation of law on the following day.
4. New subsection (d), subsection relettering and amendment of NOTE refiled with further amendment of NOTE 8-21-2007 as an emergency pursuant to Health and Safety Code section 121022, subdivision (c); operative 9-7-2007 (Register 2007, No. 35). A Certificate of Compliance must be transmitted to OAL by 1-7-2008 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-21-2007 order, including further amendment of subsection (b)(1), transmitted to OAL 12-21-2007 and filed 2-6-2008 (Register 2008, No. 6).
6. Change without regulatory effect amending subsection (b)(1) filed 2-11-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 7).

Note: Authority cited: Sections 120125, 120130, 120140, 121022, 131080 and 131200, Health and Safety Code. Reference: Sections 120175, 120775, 120820, 120885- 120895, 120975, 120980, 121015, 121022, 121025, 121035, 121085, 131019, 131051, 131052, 131056 and 131080, Health and Safety Code.

1. New section filed 5-2-2002; operative 7-1-2002 (Register 2002, No. 18).
2. New subsection (d), subsection relettering and amendment of Note filed 1-8-2007 as an emergency pursuant to Health and Safety Code section 121022, subdivision (c); operative 1-8-2007 (Register 2007, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-8-2007 or emergency language will be repealed by operation of law on the following day.
3. New subsection (d), subsection relettering and amendment of Note refiled 4-18-2007 as an emergency pursuant to Health and Safety Code section 121022, subdivision (c); operative 5-9-2007 (Register 2007, No. 16). A Certificate of Compliance must be transmitted to OAL by 9-6-2007 or emergency language will be repealed by operation of law on the following day.
4. New subsection (d), subsection relettering and amendment of Note refiled with further amendment of Note 8-21-2007 as an emergency pursuant to Health and Safety Code section 121022, subdivision (c); operative 9-7-2007 (Register 2007, No. 35). A Certificate of Compliance must be transmitted to OAL by 1-7-2008 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-21-2007 order, including further amendment of subsection (b)(1), transmitted to OAL 12-21-2007 and filed 2-6-2008 (Register 2008, No. 6).
6. Change without regulatory effect amending subsection (b)(1) filed 2-11-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 7).