(a) Physician or surgeon may disclose the results of a patient's confirmed positive HIV test to a person reasonably thought to be the patient's spouse, a person reasonably believed to be the patient's sexual partner, a person reasonably believed to have shared hypodermic needles with the patient, or to the local health officer. However, no identifying information about the individual may be disclosed, except as per 121022. (b) The physician/surgeon shall notify the patient of his intent to notify such persons of the results and attempt to obtain the patient's voluntary consent for disclosure.
Commencing July 1, 2009, or within one year of the establishment of a state electronic laboratory reporting system, whichever is later, a report of a reportable disease or condition generated by a laboratory shall be submitted electronically in a manner specified by the Department of Public Health. This electronic reporting requirement shall not apply to reports of HIV infections. The department shall allow laboratories that receive incomplete patient information to report the name of the provider who submitted the request to the local health officer.
A pharmacist may perform a skin puncture during routine patient assessment or any other authorized procedure. A pharmacist that performs such procedures must report the results of a test to the patient and the physician designated by the patient.
Any laboratory that performs a blood lead analysis in California shall report to the department: the test results, the name of the person tested, person's birth date or age, person's address or telephone number, information for health care provider ordering the analysis, information for the laboratory, accession number of the specimen, the date of analysis, the person's gender, the person's employer information, source of the specimen, and the date specimen was drawn. All information reported shall be confidential except as provided in (g).
Court abstracts of arrest and conviction for operating vehicles while impaired shall contain blood alcohol results, and be held confidentially pursuant to Vehicle Code 1808.5. All information is confidential and may not be disclosed except for research or statistical purposes with identifying information withheld.
The electronic provision of [clinical lab] test results shall be in accordance with any applicable federal law governing privacy and security of electronic personal health records. However, any state statute that governs privacy and security of electronic personal health records, shall apply ... and prevail over federal law if federal law permits.
The department shall develop and implement a reporting and tracking system for infants and newborns tested for hearing loss. Every hospital, NICU, and providers of audiological services shall report required information to the department for the system. Information maintained in the system shall be kept confidential. Data collected directly from medical records shall be for the confidential use of the department and those the department deems necessary to carry out the purpose of the system.
Owners and laboratory directors of all clinical laboratories shall preserve medical records and laboratory records, as defined in this section, for three years from the date of testing, examination, or purchase. Failure to retain records accordingly is cause of legal action. Information in these medical records shall be confidential, with certain exceptions.
