The Department of Health Services shall establish a list of reportable diseases and conditions, and specify requirements (e.g. the timeliness related to the reporting of each disease and condition, the mechanisms for reporting, and the content to be included) for the reports made. The diseases listed as reportable shall be properly reported as required to the department by the health officer.
Any health practitioner who performs a forensic medical examination of a person in the custody of law enforcement from whom evidence is sought in connection with a sexual assault crime, shall prepare a written report on standard form of the Office of Emergency Services and provided to law enforcement agency with custody of the individual. The examination and report is subject to the confidentiality requirements of the Confidentiality of Medical Information Act.
The State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) shall be administered by the Department of Corrections and Rehabilitation to assess every eligible person who is incarcerated in state prison and every eligible person who is on parole if the person was not assessed prior to release from state prison). The Department of Mental Health shall administer the SARATSO to assess every eligible person who is committed to that department.
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.
State and local health department employees and contractors must sign confidentiality agreements before accessing confidential HIV related public health records. Such agreements shall include information of penalties for breach of confidentiality and procedures for reporting breach.
HIV or AIDS related public health records containing personally identifying information, developed or acquired by public health agencies shall be confidential and not disclosed except as otherwise provided by law for public health purposes or with written authorization from the person who is the subject of the record or their guardian or conservator.
Disclosure of HIV/AIDS records by a state or local public health agency for public health or research purposes shall be limited to the information necessary for the purpose of that disclosure, and shall be made only upon agreement that the information will be kept confidential and will not be further disclosed without written authorization of the subject or his/her guardian/conservator.
(a)-(b) All DNA and forensic identification profiles and other identification information or biological samples retained by the Department of Justice are exempt from any law requiring disclosure of information to the public or return of biological specimens, samples, or print impressions.
Every person confined in the state prison who commits a battery by intentionally placing or throwing human excrement or other bodily fluids or bodily substances on the person of a peace officer or other employee of the state prison may be ordered by the chief medical officer to receive an immediate voluntary or involuntary examination or test for hepatitis or tuberculosis and subsequent follow-up examinations if deemed necessary to the health of the peace officer or employee.
