HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/STATE/CALIFOR2.ASC

Text File | 1993-01-14 | 109KB | 2,508 lines

/* California, part 2 of 3 */



Chapter 1.15

ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) VACCINE RESEARCH AND
DEVELOPMENT GRANT PROGRAM

Section

199.55.   Legislative findings and declarations.

199.56.   Program creation; AIDS vaccine research and development
grant fund; definitions.

199.57.   AIDS vaccine research and development advisory
committee;  award of grants; review of requests for approvals or
exemptions; membership; compensation.

199.58.   Request for proposal; publication; deadlines;
recommendations and award of grants; criteria.

199.59.   Grant recipients; development of AIDS vaccine;
restrictions on expenditures; return of funds; grants after
federal approval of testing on humans.

199.60.   Reimbursement for grant by California manufacturer
receiving FDA approval of vaccine for general public; repayment;
royalty.

 199.55.  Legislative findings and declarations

The Legislature finds and declares all of the following:

(a)  Over the past five years AIDS has reached an epidemic stage
and is estimated to affect 30,000 Californians by 1990.

(b)  The estimated cost of medical care alone for the 4,000 AIDS
cases that have occurred to date in California totals
approximately two hundred fifty million dollars ($250,000,000).
By the end of 1990, medical care is projected to approach three
billion five hundred million dollars ($3,500,000,000) and the
total public health and medical care expenditures are expected to
exceed five billion dollars ($5,000,000,000).

(c)  There is no cure for the AIDS virus.  The long-term solution
to the elimination of AIDS lies in conducting vaccine research.

(d)  Much research has already been completed by the private
sector and should be utilized to the maximum extent possible,
including supplementing with public funds.

(e)  Profitmaking corporations are (1) not eligible for most of
the existing public funding sources as are institutions of higher
learning and nonprofit corporations; (2) when eligible, the
public funding amounts are not adequate to conduct research; and
(3) private grants are only available to nonprofit corporations.

(f)  Moreover, private research companies, already having
established vaccine development and manufacturing capabilities,
are uniquely situated to maximize available resources and to
utilize both management and research staff, equipment, and
technical innovations to their greatest efficiency towards the
specific goal of developing and manufacturing an AIDS vaccine at
the earliest possible time.

(g)  Exclusion of private corporations from public funding to
develop an approved vaccine will likely result in (1) a delay in
the development of a vaccine to prevent AIDS; (2) continued
spread of AIDS to the general population; and (3) continued
increases in private and public funds to provide care to AIDS
victims.

(h)  An AIDS Vaccine Research and Development Grant Program
should be established to encourage AIDS vaccine research by the
private sector.

(i)  It is appropriate to mandate that a grant made to a private
entity to develop an AIDS vaccine, once the vaccine has been
approved by the FDA for use by the general population, should be
reimbursed to the state from the sale of such a vaccine.



 199.56.  Program creation; AIDS vaccine research and development
grant fund; definitions

(a)  There is hereby created an AIDS Vaccine Research and
Development Grant Program. There is hereby established an AIDS
Vaccine Research and Development Grant Fund the moneys in which
shall, upon appropriation to the State Department of Health
Services, be available for the purposes of this chapter.

(b)  For the purposes of this chapter:

(1)  "AIDS" means acquired immune deficiency syndrome.

(2)  "California manufacturer" means a manufacturer with
management or officers based in this state and operations for the
conduct of research and development of an AIDS vaccine in this
state.

(3)  "Committee" means the AIDS Vaccine Research and Development
Advisory Committee.

(4)  "Grant" means AIDS vaccine research and development grants.



 199.57. AIDS vaccine research and development advisory
committee; award of grants; review of requests for approvals or
exemptions; membership; compensation

(a)  There is hereby created the AIDS Vaccine Research and
Development Advisory Committee within the State Department of
Health Services which shall review and make recommendations to
the state department regarding the award of the AIDS vaccine
research and development grants. In accordance with Section
26679.5, the committee may also review requests for approvals for
AIDS-related drugs pursuant to Section 26670, or for exemptions
from these approval requirements pursuant to Section 26679.  The
membership of the committee shall be appointed by the State
Director of Health Services within 30 days of the effective date
of this chapter.  The chairman of the committee shall be the
State Director of Health Services, or his or her designee.

(b)  The committee shall be composed of the following five
members:

(1)  The State Director of Health Services, or his or her
designee.

(2)  An expert in infectious disease and vaccine development to
be appointed by the state department.

(3)  The chief physician involved in the treatment of AIDS
patients at San Francisco General Hospital, or his or her
designee.

(4)  The Chief of the Office of AIDS within the State Department
of Health Services, or his or her designee.

(5)  An expert in retroviruses/AIDS virus research to be
appointed by the state department.

(c)  Members of the committee shall serve without compensation
but shall be reimbursed for any actual and necessary expenses
incurred in connection with the performance of their duties under
this chapter.



 199.58.  Request for proposal; publication; deadlines;
recommendations and award of grants; criteria

(a)  The State Department of Health Services shall issue within
60 days of the effective date of this chapter, a request for
proposal (RFP) for research and development projects, based on
the criteria provided in subdivision (d).  Upon issuing the RFP
the state department shall publish this fact along with the
deadline for grant proposals in the newspapers with the greatest
circulation in the major cities of the state, as determined by
the state department.

Additionally, upon issuing the RFP the same information shall be
transmitted to the Secretary of the Senate and the Chief Clerk of
the Assembly for publishing in the respective journals of each
house of the California Legislature.

(b)  Any California manufacturer may submit a proposal to the RFP
for an AIDS vaccine research and development grant to the state
department. The proposal shall be submitted to the state
department within 90 days of the issuance of the RFP.

(c)  Within 30 days after the proposal deadline, the committee
shall review the proposals and make recommendations to the state
department. The state department, taking into consideration the
committee's recommendations, shall award grants to no more than
three California manufacturers within 30 days after receiving the
committee's recommendations.

(d)  The state department, making use of an RFP, shall include a
clear description of the criteria to be used to select the
projects which will receive funding pursuant to this chapter. The
committee shall make recommendations to the state department
regarding the content of the RFP. The criteria shall include, but
not be limited to, the following:

(1)  The potential of the grant recipient to develop a vaccine
for AIDS.

(2)  The financial, technical, and managerial commitment of the
grant recipient to the development of an AIDS vaccine.

(3)  The demonstrated need of the grant recipient for state
funding.

(e)  The grants made pursuant to this chapter are not subject to
the State Contract Act (Part 2 (commencing with Section 10100) of
Division 2 of the Public Contract Code).



 199.59. Grant recipients; development of AIDS vaccine;
restrictions on expenditures; return of funds; grants after
federal approval of testing on humans

(a) The recipients of the grants shall use the moneys of the
grant to develop an AIDS vaccine until the Federal Food and Drug
Administration (FDA) approves the clinical testing of an AIDS
vaccine humans. Any grant funds not encumbered or expended at the
time of the FDA approval of clinical testing of an AIDS vaccine
on humans shall not be used by the recipients until the state
department authorizes further expenditure or requires the funds
to be returned to the AIDS Vaccine Research and Development Grant
Fund pursuant to subdivision (b).

(b) If an AIDS vaccine which has received FDA approval for
clinical testing on humans has been developed by a grant
recipient pursuant to this chapter, then any funds which have
been granted but not expended or encumbered by, the grant
recipient, after approval by the state department shall be
expended for the clinical testing of the vaccine on humans in
accordance with the Fl protocol, the continued research and
development of the vaccine, or both, for the purpose optimizing
the efficacy of the vaccine during clinical testing.

With respect to the other grant recipients, or when none of the
recipients have received the Fl approval for the vaccine they are
developing, the committee shall meet to consider whether the
grant recipient has a good chance of developing a vaccine which
will receive FDA approval for din testing on humans and shall
make recommendations to the state department. If the state
department, taking into consideration the committee's
recommendations, determines that the grant recipient has a good
chance of developing an FDA approved vaccine, it shall inform the
grant recipient writing to continue expending its grant funds for
the development of an AIDS vaccine.

If the state department, taking into consideration the
committee's recommendations, determines that the grant recipient
does not have a good chance of developing a vaccine which will
receive F approval for clinical testing on humans, it shall
inform the recipient in writing that the funds encumbered or
expended, as described in subdivision (a), shall be returned to
the state department for deposit in the AIDS Vaccine Research and
Development Grant Fund.

Any funds remaining in the AIDS Vaccine Research and Development
Grant Fund after the state department's determinations pursuant
to this subdivision, shall, in the state department's discretion
either be expended for (1) further support of the clinical trials
of a vaccine developed in whole 0 part by a grant recipient or
for (2) further research and development of a vaccine by a grant
recipient who has been permitted, in accordance with this
subdivision, to continue expending grant funds development of a
vaccine, or be expended for (3) both purposes. If no grant
recipient is conducting clinical trials or developing a vaccine
pursuant to this subdivision, then the moneys in the AIDS Vaccine
Research and Development Grant Fund shall revert to the General
Fund.

(c) Notwithstanding any other provision of this section, the
state department may make grants to applicants even after
approval has been given by the federal Food and Drug
Administration to conduct clinical testing of an AIDS vaccine on
humans.



199.60.  Reimbursement for grant by California manufacturer
receiving FDA approval of vaccine for general public; repayment;
royalty

If a California manufacturer that is a grant recipient sells,
delivers, or distributes an AIDS vaccine which has received FDA
approval for use by the general population and which was
developed in whole or in part using a grant awarded pursuant to
this chapter, the State of California shall be reimbursed for the
grant as provided in this section.

Until the total amount of the grant is repaid, repayments in the
amount of one dollar (~1) per dose from the sale of the AIDS
vaccine shall be deposited by the grant recipient into the
General Fund.  Upon payment in full of the grant amount into the
General Fund, a royalty on the sale of the vaccine from the grant
recipient shall be deposited into the General Fund. The
percentage amount of the royalty shall be negotiated at the time
of the grant award.



Chapter 1.16

CALIFORNIA AIDS PROGRAM (CAP)

Section

199.70.   Legislative intent.

199.71.   Duties of department; powers and duties of director.

199.715.  Housing and food for homeless persons with AIDS or ARC;
pilot projects; zoning; duration of section.

199.716.  Funding to residential AIDS shelters and care
facilities for persons with chronic life threatening illness;
supplemental grants.

199.72.   Personal data; confidentiality.

199.73.   Duties of state director of health services.

199.74.   Pilot projects to demonstrate cost effectiveness of
various care initiated through block grant program.

199.741.  Private health insurance premiums of participants;
payment to extent cost-effective.

199.75.   AIDS mental health project; establishment; coordination
of projects and resources; advisory groups; sole source contract.

199.76.   Initiation of pilot programs through local agency
operated AIDS-related substance abuser programs.

199.77.   Appropriation allocation to University of California;
considerations and priorities in expending of funds.

199.78.   Home and community-based services to eligible persons;
payment of costs; federal financial participation; waiver of
regulations and policies.

199.78.5. Program of prevention, education, testing and
counseling of women and children; integration with existing
programs; services addressed.

199.79.   Review of programs; target populations; unmet and
projected needs; report.

199.80.   Alkyl nitrites sales, warning signs.



 199.70. Legislative intent

The intent of the Legislature in enacting this chapter is as
follows:

(a)  To fund specified pilot AIDS education programs.

(b)  To fund pilot projects to demonstrate the value of
noninstitutional health care services such as hospice, home
health, and attendant care in controlling costs and providing
humane care to people with AIDS and AIDS-related conditions.

(c)  To fund clinical research.

(d)  To fund the development of an AIDS Mental Health Project.

(e)  To fund specified needs assessments, studies, and program
evaluations.

(f)  To authorize the use of funds appropriated by Section 6 of
Chapter 23 of the Statutes of 1985 for preventive education for
individuals who are seropositive as a result of antibody testing.

(g)  To promote broad-based support for AIDS programs by
encouraging community level networking and coordination of
efforts among private sector, nonprofit, and public service
agencies as well as health care professionals and providers of
essential services.

(h)  To promote an aggressive community-based HIV infection
prevention program in all communities and areas where behaviors
and prevalence indicate high risk of HIV infection, and to
encourage local programs to involve racial and ethnic minorities
in a leading role to plan the development, implementation, and
evaluation of preventive education, HIV testing, delivery of
care, and research activities that are necessary to the formation
of a comprehensive, community-based, culturally sensitive HIV
infection prevention strategy.

(i)  To promote education of health care practitioners concerning
new clinical manifestations of HIV, particularly among women and
children.



 199.71. Duties of department; power and duties of director

(a)  The State Department of Health Services shall:

(1)  Additionally, use funds appropriated by Section 6 of Chapter
23 of the Statutes of 1985 for purposes of making reimbursements
to counties pursuant to Section 1632, for preventive education
for individuals who are seropositive as a result of antibody
testing.

(2)  Issue contracts to evaluate the effectiveness of the AIDS
information and education program conducted by the state
department

(3)  Issue contracts for development and implementation of pilot
programs of professional education and training for hospital,
home health agency, and attendant care workers.

(4)  Issue contracts for the development and implementation of
pilot programs to reduce the spread of AIDS through residential
detoxification and outpatient detoxification and treatment
services for intravenous drug users with AIDS or AIDS-related
conditions.

(5)  Monitor state and federal AIDS-related budget and policy
development, and coordinate budget items to ensure that funding
for matters related to AIDS is adequate and complete within the
state department each fiscal year.

(6)  Develop and maintain an information clearinghouse within the
state department including periodic updates or releases to inform
health professionals or community organizations providing
services to people with AIDS or AIDS-related conditions of the
status of current or new clinical drug trials. These updates
shall be compiled through review of scientific journals and in
conjunction with the UC AIDS Task Force and researchers
conducting clinical drug trials in California.

(7)  Review, edit, and input summaries from scientific journals
into the Computerized AIDS Information Network (CAIN), and do
outreach about CAIN availability to health professionals.

(8)  Develop and conduct a needs assessment of the availability
of supportive services for people with AIDS or AIDS-related
conditions. The needs assessment shall be conducted in
conjunction with the state's AIDS education contractors and with
any public or private agencies providing services to people with
AIDS or AIDS-related conditions.

(9)  Promote information and education programs for the general
public to correct misinformation about AIDS. This shall include,
but need not be limited to, periodic press releases to the
printed and broadcast media and public service announcements.

(10) Prepare a report to the Legislature on the feasibility of
coordinating various levels of health care, including health
facility licensure categories within one program in a city and
county which would serve persons with HIV infections, AIDS-
related complex, and AIDS.  The levels of health care to be
covered in the report include, but are not limited to, general
acute care hospital, acute psychiatric hospital, skilled nursing
facility, hospice, intermediate care facility, residential care
facility, adult day health care facility, and congregate living
health facility.  The report shall be developed in cooperation
with the Office of Statewide Health Planning and Development, and
shall be submitted to the Legislature before July 1, 1990.  The
State Director of Health Services may contract for services
necessary for completion of the report that cannot be provided
through existing resources of the state department.

(11) Establish, with the assistance of other state agencies as
the state department deems appropriate, centralized translation
services to facilitate development of multilanguage, culturally
relevant educational materials on HIV infection.

(12) Include, to the extent feasible, in its HIV surveillance and
reporting practices, a breakdown of the major Asian-Pacific
Islander subgroup populations.  This breakdown shall be reflected
in the surveillance and morbidity statistics issued by the
director pursuant to Section 199.73.

(13) Include, to the extent feasible with existing resources, in
its HIV surveillance and reporting practices, information
concerning newly identified clinical manifestations of HIV
infection an available resources for health care practitioners to
seek diagnostic and treatment information.

(b)  The State Director of Health Services shall contract for a
prospective two-year study to accomplish the following
objectives:

(1)  Determine the medical costs of AIDS, comparing inpatient
care, outpatient care, physician services, and community support
services.

(2)  The study shall include cost factors in the review of
inpatient costs which may not be apparent in the analysis of
charges, such as private rooms and social work.

The study shall include an interim report to the Legislature six
months after receipt of funding and a final report to the
Legislature within two years of receipt of funding so that the
state can be in a knowledgeable position to plan for and provide
the services and funding needed to meet this public health
crisis.

(c)  Notwithstanding Chapter 2 (commencing with Section 10290) of
Part 2 of Division 2 of the Public Contract Code, if the State
Director of Health Services determines that it is in the best
interest of the state to enter into a contract for the purposes
specified below without competitive bids, then the state director
may, during the 195586 fiscal year, enter into a sole source
contract for all of the following:

(1)  Educational program evaluation.

(2)  Education of hospital, home health agency, and attendant
care workers.

(3)  Drug education and treatment programs.

(4)  The cost-of-care study.

(d)  Notwithstanding Chapter 2 (commencing with Section 10290) of
Part 2 of Division 2 of the Public Contract Code, if the State
Director of Health Services determines that it is in the best
interest of the state to enter into a contract for the purposes
of the preparation of the feasibility report required by
paragraph (10) of subdivision (a) without competitive bids, then
the state director may enter into a sole source contract for the
preparation of the feasibility report. The contract for the
feasibility report shall be exempt from the requirement of
approval by the Department of General Services and the Department
of Finance.



 199.715. Housing and food for homeless persons with AIDS; pilot
projects; zoning; duration of section

The state department may approve up to 35 pilot projects to
provide housing and food for homeless persons who have AIDS or
symptomatic HIV disease.  The state department may provide
funding to a selected number these 1 pilot projects.  All
approved pilot projects shall enter into a contract with the
state department, which shall define the conditions for
participation as pilot projects.  Notwithstanding Chapter 2
(commencing with Section 1250) and Chapter 3 (commencing with
Section 1500) of Division 2, an approved pilot project shall not
be required to be licensed if it Is organized and operated for
the purpose of providing room and board to homeless persons with
AIDS or symptomatic HIV disease and it is not organized and
operated to directly provide medical or nursing care.

The pilot projects shall maintain a written agreement for
referral and acceptance of residents with at least one registered
nurse case manager, general acute care hospital, and licensed
home health agency. The contract requirements for the pilot
projects shall include the criteria and protocols which the state
department determines are appropriate to ensure that the health,
safety, and welfare of residents are protected.  The state
department may additionally provide for or enter into a contract
for evaluation and assessment related to the approved pilot
projects.

This chapter shall not preempt the application of any local
zoning requirements in effect on January 1,1990, to a residential
AIDS shelter pilot project for homeless persons with AIDS or * *
* symptomatic HIV disease.

The implementation of these pilot projects shall not be subject
to the requirements of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.

This section shall become inoperative on July 1,1995, and as of
January 1, 1996, is repealed, unless a later enacted statute
which becomes effective on or before January 1, 1996, deletes or
extends the date on which it becomes inoperative and is repealed.



 199.716. Funding to residential AIDS shelters and care
facilities for persons with chronic life-threatening illness;
supplemental grants

(a)  The state department may provide supplemental funding to
residential AIDS shelters in accordance with Section 199.715, as
long as that section is operative, and to residential care
facilities for persons with a chronic, life-threatening illness,
which are licensed in accordance with Chapter 3.01 (commencing
with Section 1568.01) of Division 2.

(b)  A residential AIDS shelter which receives a supplemental
grant and subsequently is licensed as a residential care facility
for persons with a chronic, life-threatening illness prior to the
end of the grant period shall be entitled to the full amount of
the supplemental grant.



 199.72.  Personal data; confidentiality

(a) Personal data in any investigations, reports, and information
relating thereto shall be kept confidential and be afforded
protections provided by Section 211.5, except as provided by
Section 1603.1 or 1603.3.

(b) If patient-identifying information is subpoenaed from the
state department, the state department shall seek and the court
shall issue a protective order keeping this information
confidential.  The court order may require production, but limit
the use and disclosure of, records, require production with names
and identifying information deleted, provide sanctions for misuse
of records or set forth other methods for assuring
confidentiality.



 199.73.  Duties of state director of health services

The State Director of Health Services shall:

(a)  Be prepared to report to the Legislature on the amounts and
recipients of contracts or block grant awards, and needs
assessments conducted by the state department.

(b)  Issue once each month a public information release to the
state contractors, local health departments, medical societies or
organizations, nursing associations, hospital and hospital
administrator associations, blood banks or centers, hemophilia
associations and treatment centers, lesbian and gay health
organizations, media outlets or community organizations, and
other interested organizations or individuals, and the news media
identifying research breakthroughs, new treatment protocols,
infection control updates, surveillance and morbidity statistics,
and other current and up-to-date information regarding AIDS
education, treatment, or patient service programs.



 199.74.  Pilot projects to demonstrate cost effectiveness of
various care initiated through block grant program

Pilot projects to demonstrate the cost effectiveness of home
health, attendant, or hospice care shall be initiated through a
block grant program, as described in this section.

(a)  The state director shall designate the contractors and the
amounts that contractors will receive for the block grant direct
service demonstration projects.

(b)  An amount of not more than 10 percent of the grant may be
retained by contractors for administrative overhead.  Contractors
accepting block grant funds shall compile comparative cost data
reports for transmission to the department and the Legislature.
Reports shall be made semiannually until the conclusion of the
project.

(c)  Contractors receiving direct service block grants shall:

(1)  Encourage broad-based community involvement and support for
AIDS programs and involve charitable, other nonprofit, and other
agencies as well as health care professionals as providers of
essential services.

(2)  Ensure the proposed services are not duplicated in the
community and are based on the needs of people with AIDS, AIDS-
related conditions, at-risk communities, their families or others
affected by AIDS.

(3)  Make maximum use of other federal, state, and local funds
and programs.

(4)  Provide services which are culturally and linguistically
appropriate to the population served.

(c)  Counties with existing programs of demonstrated
effectiveness in AIDS education or services shall receive equal
consideration with other applicants and shall not be penalized
when awarding funds pursuant to this chapter with respect to the
proposed expansion of their programs.

(d)  Contractors shall develop a comprehensive service system
including, but not limited to, the following essential services,
which can be provided either directly by the contractors or
indirectly through a referral network arranged by the contractor:

(1)  Provision for hospice, skilled nursing facility, home health
care, and homemaker chore services.

(2)  Individual consultation and health planning and assessment.

(3)  Information for people with AIDS or AIDS-related conditions
regarding death and dying.

(4)  Evaluation and referral services for medical care.

(5)  Referral services for mental health services, as
appropriate.

(6)  Assistance in applying for financial aid or social services
which are available and for which clients qualify.

The system of essential services developed by a contractor shall
offer maximum opportunity for involvement of family, friends,
domestic partners and of nonprofit and charitable organizations
in preventing the severe, adverse health and social consequences
which result from being diagnosed with AIDS or AIDS-related
conditions.

(e)  The direct service program for provision of essential
services shall ensure:

(1)  An ongoing quality assurance program.

(2)  Confidentiality assurances and methods for developing
interagency confidentiality agreements.



 199.741. Private health insurance premiums of participants;
payment to extent cost-effective.

(a)  The state department shall amend the home health, hospice,
and attendant care pilot projects funded pursuant to this
chapter, to include, to the extent that it is cost-effective to
the Medi-Cal program or the General Fund, the payment of private
health insurance premiums for participants in the pilot projects
prior to the participants becoming eligible for Medi-Cal.

(b)  The director shall make a determination of cost
effectiveness, which shall be reviewed by the Department of
Finance. The director may use existing budgeted resources for
services provided for pursuant to subdivision (a).



 199.75.  AIDS mental health project; establishment; coordination
of projects and resources; advisory groups; sole source contract

The Department of Mental Health shall establish an AIDS mental
health project, as described in this section.

(a)  The program should include, but need not be limited to, the
following:

(1)  The conduct of a statewide needs assessment of AIDS-related
mental health issues.

(2)  The conduct of education and training for mental health
professionals throughout the state.

(3)  The conduct, through the Office of Promotion, of a media
campaign on such issues as the use of support groups, the
relationship between stress and the immune system, and dealing
with grief.

(b)  The Department of Mental Health shall coordinate projects
and resources directly with the State Department of Health
Services.

(c)  The Director of the Department of Mental Health may appoint
advisory groups for this project as needed.

(d)  Notwithstanding any provision of Chapter 2 (commencing with
Section 10290) of Part 2 of Division 2 of the Public Contract
Code, if the Director of Mental Health determines that it is in
the best interest of the state to enter into a contract for the
purposes specified in this section without competitive bids, then
the director may, during the 1985-86 fiscal year, enter into a
sole source contract for these purposes.



 199.76.  Initiation of pilot programs through local agency
operated AIDS-related substance abuser programs

Pilot programs to reduce the spread of AIDS through residential
detoxification and outpatient detoxification and treatment
services for intravenous drug users, as described in paragraph
(4) of subdivision (a) of Section 199.71, shall be initiated
through local agency operated AIDS-related substance abuser
programs.

(a)  The director shall designate the local agency contractors
and the amounts that these contractors will receive for the AIDS-
related substance abuser demonstration programs.

(b)  The contractors shall develop a comprehensive service system
including, but not limited to, the following essential services,
which can be provided either directly by the contractors or
through a referral network arranged by the contractors:

(1)  Residential detoxification programs for intravenous drug
users.

(2)  Outpatient detoxification programs including health
promotion and health assessment for intravenous drug users.

(3)  AIDS and substance abuse information, consultation and
resource referral to providers of services to AIDS patients and
to drug treatment providers.

(4)  Outreach, health promotion, health assessment, consultation
and referrals for homeless youth substance abusers.



 199.77.  Appropriation allocation to University of California;
considerations and priorities in expending of funds

The amount of two million three hundred thousand dollars
($2,300,000), appropriated pursuant to Section 2 of this act,
shall be allocated to the University of California for research
into AIDS.  When expending these funds, the university shall
solicit and consider proposals from within the University of
California system and from universities and colleges outside the
University of California system as well. In the expenditure of
these funds, it is the preference of the Legislature that
priority be given to viral cultures, clinical trials, and the
administrative and laboratory support services necessary to
conduct such trials.



 199.78.  Home and community-based services to eligible persons;
payment of costs; federal financial participation; waiver of
regulations and policies

(a)  The state department may use funds appropriated to it to pay
the costs, including reimbursements to contractors for
administrative costs, of providing home and community-based
services to eligible persons with a diagnosis of acquired immune
deficiency syndrome (AIDS) or AIDS related conditions (ARC) when
the funds are appropriated for that purpose.

(b)  To the extent that federal financial participation is
available, each department within the Health and Welfare Agency,
including departments designated as single state agencies for
public social services programs, shall waive regulations and
general policies and make resources available when necessary for
the provision of home and community-based care services to
eligible persons with a diagnosis of AIDS or ARC.



 199.78.5.  Program of prevention, education, testing and
counseling of women and children; integration with existing
programs; services addressed

(a)  The state department shall, in coordination with the State
Department of Alcohol and Drug Programs, develop a plan which
assesses the need for, a program of acquired immune deficiency
syndrome (AIDS) primary prevention, health education, testing,
and counseling, specifically designed for women and children,
which shall be integrated, as the department deems appropriate,
into the following programs:

(1)  The California Children's Services Program provided for
pursuant to Article 2 (commencing with Section 248).

(2)  Programs under the Maternal and Child Health Branch of the
department.

(3)  The Child Health Disability Prevention Program provided for
pursuant to Article 3.4 (commencing with Section 320).

(4)  The Genetic Disease Program, provided for pursuant to
Sections 309 and 309.5.

(5)  The Family Planning Programs, provided for pursuant to
Chapter 8.5 (commencing with Section 14500) of Part 3 of Division
9 of the Welfare and Institutions Code.

(6)  The Rural and Community Health Clinics Program.

(7)  The County Health Services Program, provided for pursuant to
Part 4.5 (commencing with Section 16700) of Part 3 of Division 9
of the Welfare and Institutions Code.

(8)  The Sexually Transmitted Disease Program.

(9)  Programs administered by the State Department of Alcohol and
Drug Programs.

(b)  The AIDS-related services which shall be addressed in the
plan specified in this section shall include, but not be limited
to, all of the following:

(1)  A variety of educational materials which are appropriate to
the cultural background and educational level of the program
clientele.

(2)  The availability of confidential HIV antibody testing and
counseling either onsite or by referral.

(c)  Pursuant to subdivision (a), the plan shall include a method
to provide the educational materials specified in subdivision (b)
and appropriate AIDS-related training programs for those persons
who provide direct services to women and children receiving
services under the programs specified in this section.

(d)  In order that the AIDS-related services plan provided
through the programs specified in this section be as effective as
possible, the state department shall ensure that the educational
materials and training programs provided for each program
specified in subdivision (a) are developed in coordination with,
and with input from, each of the respective programs.

(e)  Nothing in this section shall preclude the state department
from incorporating the plan requirements into the department's
annual state AIDS plan, or any other reporting document relating
to AIDS deemed appropriate by the department.



CALIFORNIA DEPT. OF ALCOHOL & DRUG PROGRAMS

 11758.50.  Legislative findings and declarations

The Legislature find and declares all of the following:

(a)  Alcohol and other drug related problems are a health issue
which dramatically impact California's county programs and county
budgets.

(b)  Alcohol not only affects the individual involved but
potentially extends to the many county programs which involve
these individuals and their families.

(c)  Additionally, drug abuse and especially intravenous drug
abuse relates directly to the contracting and spreading of AIDS.

(d)  Drug and alcohol, and their health and welfare related costs
are already straining local government budgets.

(e)  There are approximately 225,000 habitual needle using drug
addicts and an additional 200,000 recreational intravenous drug
users in the state.

(f)  The relationship of intravenous drug users and the
transmission of AIDS is well-documented.  AIDS cases, currently
estimated to cost almost one hundred thousand dollars ($100,000
from diagnosis-to-death, are catastrophic to those budgets.



 11758.51.  San Luis Obispo county; establishment of in-home
project; administration; implementation on availability of state
funds; termination

The department shall provide funding, for the 1990-91 fiscal
year, for in-home alcohol detoxification, and intravenous drug
user AIDS education pilot project to be established in San Luis
Obispo County. The pilot project shall be administered by the
alcohol and drug program department of the county. The pilot
project shall be required to be implemented only to the extent
that state funds are provided. The pilot project shall terminate
on July 1, 1991, except as otherwise specified by the county.



 11758.52.  Treatment of drug and alcohol abusers; client contact

(a)  The pilot project created pursuant to this chapter shall
treat drug a rid alcohol abusers through a county administered in-
home detoxification a rid AIDS education program.

(b)  The client contact shall be through a public health nurse
who shall provide all of the following;

(1)  Information and monitoring of the detoxification period.

(2)  Information and educational materials on drug and alcohol
abuse.

(3)  Information on the contracting and transmission of AIDS via
intravenous drug use.

(4)  Information and contacts with drug and alcohol, and AIDS
support groups.



 11758.53.  Administration criteria

The pilot project shall be administered in accordance with
criteria agreed upon by the department and San Luis Obispo
County.



 11758.54.  Evaluation; collection of monitoring and outcome
data; analysis and discussion of successful completion of program
objectives

(a)  The department, in cooperation with San Luis Obispo County,
shall evaluate the pilot project created pursuant to this
chapter.  The evaluation shall include numbers of intravenous
(IV) drug users in target counties, status of HIV test results
among alcoholics and Iv drug users not in recovery, drug and
alcohol-related jail intakes, and repeat offenses.  Changes in
the above data following completion of the in-home detoxification
project shall be carefully scrutinized.  Particular attention
shall be paid to changes in incidence of HIV test results among
individuals requesting testing from the San Luis Obispo County
health department and repeat alcohol- and drug-related offenses
as tracked by the county jail, municipal court, and Department of
Motor Vehicles.

(b)  Additional monitoring and outcome data shall be collected
regarding clients of the in-home detoxification pilot project,
which shall include each of the following;

(1)  Client health status at time of intake screening.

(2)  Clients' health status during detoxification.

(3)  Clients' health status alter detoxification.

(4)  Status and results of HIV testing for those choosing the
test.

(5)  Numbers of detoxification referrals completed.

(6)  Numbers of successful referrals to followup.

(7)  Rate of subsequent rearrest.

(c)  The degree of successful completion of program objectives
shall also be analyzed and discussed.  Analysis shall be based on
results of monitoring instruments designed for the in-home
detoxification project which shall dude all of the following:

(1)  Numbers of referrals to the in-home detoxification project
initiated.

(2)  Numbers of clients (both detoxification clients and family
members) who successfully meet educational criteria related to
AIDS education.

(3)  Numbers of detoxification referrals completed.

(4)  Numbers of successful referrals to followup treatment.

(5)  Rate of subsequent rearrest.

(d)  The department shall submit an evaluation of the pilot
project to the Governor and the Legislature not later than July
1, 1992.

(e)  Blood testing and test result disclosure shall be in
accordance with Chapter 1.11 (commencing with Section 199.20) and
Chapter 1.12 (commencing with Section 199.30) of Part 1 of
Division 1.





199.716. Funding to residential AIDS shelters and care facilities
for persons with chronic life-threatening illness; supplemental
grants

(a)  The state department may provide supplemental funding to
residential AIDS shelters in accordance with Section 199.715, as
long as that section is operative, and to residential care
facilities for persons with a chronic, life threatening illness,
which are licensed in accordance with Chapter 8.01 (commencing
with Section 1568.01) of Division 2.

(b)  A residential AIDS shelter which receives a supplemental
grant and subsequently is licensed as a residential care facility
for persons with a chronic, life-threatening illness prior to the
end of the grant period shall be entitled to the full amount of
the supplemental grant.



199.741. Private health insurance premiums of participants;
payment to be cost-effective

(a) The state department shall amend the home health, hospice,
and attendant care pilot projects funded pursuant to this
chapter, to include, to the extent that it is cost effective to
the Medi-Cal program or the General Fund, the payment of private
health insurance premiums for participants in the pilot projects
prior to the participants becoming eligible for Medi-Cal.

(b) The director shall make a determination of cost
effectiveness, which shall be reviewed by the Department of
Insurance. The director may use existing budgeted resources for
services provided for pursuant to subdivision (a).



199.79. Review of programs; target populations; unmet and
projected needs; report

(a) The state department, in consultation with the State
Department of Alcohol and Drug Programs, shall review existing
programs administered by the state department, the State
Department of Alcohol and Drug Programs, or both which provide
services to persons with AIDS or ARC or persons at risk of
becoming infected with HIV to identify whether there are unmet
needs in targeting these programs to substance abusers, racial
and ethnic minority populations, and women. In reviewing the
existing programs, the state department shall consider the
provision of care by the existing programs outside of a general
acute care hospital setting to substance abusers, racial and
ethnic minority populations, and women by taking into account the
current availability of beds outside of a hospital setting, the
availability of those beds to substance abusers, racial and
ethnic minority populations, and women, and the projected need
for additional beds outside of a hospital setting for substance
abusers, racial and ethnic minority populations, and women.

(b) The state department shall take into account the unmet needs
of substance abusers, racial and ethnic minority populations, and
women as identified pursuant to subdivision (a) in its planning
and development of programs which provide services to persons
with AIDS and ARC.

(c) The state department shall report its findings pursuant to
this section on or before April 1, 1991. The report shall
include, but not he limited to, recommendations suggesting
programmatic changes deemed appropriate by the state department
that would better meet the needs of substance abusers, racial and
ethnic minority populations, and women with, or at risk of
becoming infected with, HIV, and the fiscal considerations for
implementing the recommendations.

199.80. Alkyl nitrites sales, warning signs

(a) Every person who sells alkyl nitrites shall at the point of
sale of the alkyl nitrites, post a sign measuring no less than
five by seven inches to read as follows: "Warning: These products
contain alkyl nitrites ('poppers'). Inhaling or swallowing alkyl
nitrites may be harmful to your health. The use of alkyl nitrites
may affect the immune system. Several studies have suggested that
their use is associated with the development of Kaposi's sarcoma
(an AIDS condition)."

(b) The signs required by subdivision (a) shall be furnished by
the manufacturers or distributors of alkyl nitrites in California
in sufficient quantity with the shipments of alkyl nitrites to
allow posting at all points of sale.

(c) "Point of sale" for purposes of this section is that place
within close proximity of the shelves or other area where the
alkyl nitrites are displayed for consumer purchase.



Chapter 1.17 AIDS INFORMATION

Section

199.81.Providing information to school districts on AIDS, AIDS
related conditions, and Hepatitis B; vaccination costs covered by
employee health plan benefits.

199.82.Information to employees of school district.



199.81. Providing information to school districts on AIDS, AIDS
related conditions, and Hepatitis B; vaccination costs covered by
employee health plan benefits

The State Department of Education shall provide information to
school districts on acquired immune deficiency syndrome (AIDS),
on AIDS-related conditions, and on Hepatitis B. This information
shall include, but not be limited to, any appropriate methods
school employees may employ to prevent exposure to AIDS and
Hepatitis B, including information concerning the availability of
a vaccine to prevent contraction of Hepatitis B, and that the
cost of vaccination may be covered by the health plan benefits of
the employees. This information shall be compiled and updated
annually, or if there is new information, more frequently, by the
State Department of Education in conjunction with the State
Department of Health Services and in consultation with the
California Conference of Local Health Officers. In order to
reduce costs, this information may be included as an insert with
other regular mailings to the extent practicable, and the
information required to be provided on Hepatitis B shall be
provided in conjunction with the information required to be
provided on AIDS.



199.82. Information to employees of school district

School districts shall inform their employees annually, or if
there is new information, more frequently, of the information
compiled by the State Department of Education pursuant to Section
199.81.



CHAPTER 1.19. VACCINE TO PREVENT MATERNAL TRANSMISSION OF AIDS

Section 199.86. Legislative findings and declarations.

199.87. Definitions.

199.88. Informed consent.

199.89. liability of manufacturer, research institution, or
researcher; legislative intent; scope of immunity.

199.90. Research subjects; eligibility.

199.91. AIDS vaccine clinical trial grant awards for the
prevention of maternal transmission of HIV infection.

199.92. Reimbursement for amount of grant; royalties.

199.93. Legislative intent; expert representation on committee.



199.86. Legislative findings and declarations.

The Legislature finds and declares all of the following:

(a) Nearly 90 percent of the cases of pediatric AIDS in the
United States occur as a result of maternal infant transmission.

(b) It is estimated that from 13 to 45 percent of infants born to
HIV-infected mothers will acquire HIV either in utero, during
delivery, or postpartum.

(c) In 1990, the number of cases of AIDS in women in the United
States increased by 34 percent compared to an increase of 18
percent in men. As a consequence of this increased dissemination
of HIV in women, there has been a concomitant increase in the
number of HIV infected infants.

(d) Approximately 6,000 children were born to HIV-infected women
in the United States in 1990. This resulted in 1,500 to 2,000
newly infected infants. Internationally, it is estimated that one
million children acquired HIV through maternal transmission in
1990.

(e) HIV infection that is transmitted maternally progresses more
rapidly than HIV infection in adults, with most infants
developing advanced symptoms of infection within 18 months. Costs
for care of infants infected with HIV have been estimated to be
comparable or higher than the cost of treating HIV-related
illness in adults. Currently, limited data exists for the costs
of treating HIV infected children. A recent estimate for those
costs is as follows:

(1) For the mean lifetime hospital costs per child: ninety
thousand dollars ($90,000).

(2) For the mean annual cost per child hospitalized all year: two
hundred nineteen thousand dollars ($219,000). A significant
portion of pediatric hospital costs may be due to a prolonged
hospitalization because of the lack of foster homes for children.

(3) For the estimated annual medicaid cost eighteen thousand
dollars ($18,000) to forty-two thousand dollars ($42,000).

(4) In comparison, recent estimates of the national cost of
treating an adult with HIV and without AIDS is five thousand
dollars ($5,000) per year and the average cost of treating an
adult person with AIDS is thirty-two thousand dollars ($32,000)
per year of which twenty-four thousand dollars ($24,000) is
inpatient costs and eight thousand dollars ($8,000) for other
services.

(f) AIDS vaccines are now available for testing in FDA-approved
clinical trials in HIV-infected pregnant women for the purpose of
protecting against HIV transmission from mother to child.

(g) Manufacturers are hesitant to conduct these trials because of
the combined threat of liability and the limited market to
reimburse the research and clinical trial investment.

(h) The California Legislature wishes to encourage FDA-approved
AIDS vaccine clinical trials to protect against maternal HIV
transmission from mother to child, that may also provide a
therapeutic effect in the HIV-infected mother. It is appropriate
to mandate that grants be made to encourage qualified
manufacturers to conduct these trials for the benefit of
California citizens.



199.87. Definitions

For the purposes of this chapter, the following definitions
apply:

(a) "AIDS" means acquired immune deficiency syndrome.

(b) "An HIV positive individual" means an individual who is
infected with the AIDS virus.

(c) "Committee" means the AIDS Vaccine Research and Development
Advisory Committee established pursuant to Section 199.57.

(d) "Grant award" means an AIDS Vaccine Clinical Trial Grant
Award for the Prevention of Maternal Transmission of HIV
Infection.

(e) "AIDS vaccine," for the purposes of this chapter, means a
vaccine that has been developed by a manufacturer and is being
tested and administered for the purposes of determining whether
immunization of HIV-infected pregnant women will protect against
maternal transmission of the AIDS virus. Clinical trials must be
conducted under an investigational new drug (IND) application on
file with the federal Food and Drug Administration (FDA).

(f) "Research subject" means a person who is administered an AIDS
vaccine, or a fetus of a woman administered an AIDS vaccine, or a
child born to a woman administered an AIDS vaccine during
pregnancy.

(g) "Researcher" means a person employed by or affiliated with a
manufacturer or a research institution, who participates in the
development or testing or administration of an AIDS vaccine, or
who is involved in the diagnosis and treatment of a research
subject.



199.88. Informed consent

 A manufacturer, research institution, or researcher shall, prior
to the administration of an AIDS vaccine to a research subject,
obtain that woman's informed consent, which shall comply with all
applicable statutes and regulations.

(a) The informed consent shall contain a statement that
significant new findings developed during the course of the
research which may relate to the subject's willingness to
continue participation will be provided to the subject

(b) A copy of the informed consent shall be maintained with the
woman's medical records.



199.89. Liability of manufacturer, research institution, or
researcher; legislative Intent; scope of immunity

(a) A manufacturer, research institution, or researcher shall not
be strictly liable for person injury or wrongful death resulting
from the administration of any AIDS vaccine to a research subject
participating in the clinical trials described in this chapter.

(b) It is the intent of the Legislature in enacting this section
to confer upon manufacturer~, research institutions, and
researchers participating in the clinical trials described in
this chapter an immunity from liability to the same extent as
conferred upon specified pharmaceutical manufacturers under Brown
v. Superior Court, 44 Cal.3d 1049.

(c) No immunity shall be conferred to the extent that the injury
or death was caused by the negligence, gross negligence, or
reckless, willful, or wanton misconduct of the manufacturer,
research institution, or researcher or the manufacturer, research
institution, or the researcher has failed to comply with Section
199.88.

(d) The immunity provided by this section shall not apply to a
manufacturer, research institution, or researcher who
intentionally provided false information to the FDA in connection
with an IND application.

(e) Notwithstanding the immunity provided by this section,
nothing in this section shall be construed to affect the
inapplicability or applicability of the holding in Brown v.
Superior Court, 44 Cal.3d 1049 to other situations involving the
same or similar conduct.



199.90. Research subjects; eligibility

No person shall be denied the opportunity to be a research
subject because of the inability to pay for medical treatment
199.91. AIDS vaccine clinical trial grant awards for the
prevention of maternal transmission of HIV infection

There is hereby created the AIDS Vaccine Clinical Trial Grant
Award for the Prevention of Maternal Transmission of HIV
Infection. Moneys within the AIDS Clinical Trials Testing Fund,
established in accordance with Section 199.47, shall, upon
appropriation by the Legislature, be available to the State
Department of Health Services for the purposes of this chapter,
which shall include a onetime amount of sixty thousand dollars
($60,000) for the state department to develop and process the
request for proposal as specified in subdivision (a). Grant
awards shall be made available to not more than three
manufacturers of an AIDS vaccine approved by the FDA for clinical
trials in HIV-positive pregnant women. The purpose is to expedite
the completion of an AIDS vaccine to prevent maternal
transmission of HIV. The funds are to be used for FDA approved
clinical trials.

(a) The state department shall issue a request for proposal (RFP)
for the clinical trials of an AIDS vaccine to prevent maternal
transmission of HIV infection.

(1) The RFP shall be based on the criteria provided in
subdivision (d).

(2) Upon issuing the RFP, the state department shall publish this
fact along with the deadline for grant proposals in the
newspapers with the greatest circulation in the major cities of
the state, as determined by the state department. Additionally,
upon issuing the RFP, the same information shall be transmitted
to the Secretary of the Senate and the Chief Clerk of the
Assembly for publishing in the respective journals of each house
of the Legislature.

(b) Any manufacturer may submit a proposal for the grant award in
the response to the RFP issued by the state department.

(c) The state department, taking into consideration the
committee's recommendations, shall, for purposes of this chapter,
award grants to no more than three California manufacturers after
receiving the committee 5 recommendations.

(d) The state department, making use of an RFP, shall include a
clear description of the criteria to he used to select the
projects which will receive funding pursuant to this chapter. The
committee shall make recommendations to the department regarding
the content of the RFP. The criteria shall include, but not he
limited to, the following:

(1) The potential of the grant recipient to develop a vaccine for
the prevention of maternal transmission of HIV infection.

(2) The financial, technical, and managerial commitment of the
grant recipient to the development of the vaccine.

(3) The commitment of the grant recipient to agree to provide
medical treatment, either directly or through reasonable health
insurance coverage, to the participant for any injury caused by
the AIDS vaccine in the clinical trial. This agreement shall
also be included as part of the participant's informed consent
pursuant to Section 199.87.

(e) Grant awards may be made without limitation on the amount of
funding from the AIDS Clinical Trials Testing Fund that may be
allocated to a single manufacturer, provided that the committee
has determined that the grant award is in the public interest.



199.92. Reimbursement for amount of grant; royalties

If a manufacturer that is a grant recipient sells, delivers, or
distributes an AIDS vaccine that ha received FDA approval for use
by the general population and that was developed in whole or in
par using a grant awarded pursuant to this chapter, the State of
California shall be reimbursed for the grant as provided in this
section. Until the total amount of the grant is repaid,
repayments in the amount of one dollar ($1) per dose from the
sale of the AIDS vaccine shall be deposited by the grant
recipient into the General Fund. Upon payment in full of the
grant amount into the General Fund, a royalty on the sale of the
vaccine from the grant recipient shall be deposited into the
General Fund. The percentage amount of the royalty shall be
negotiated at the time of the grant award.



199.93. Legislative intent; expert representation on committee

It is the intent of the Legislature for the State Department of
Health Services to make every effort possible to insure a
comprehensive and diverse expert representation on the committee.
It is the intention of the Legislature to ensure that expert
members of the committee include, but are not limited to, ethnic
minorities and women.



Chapter 1.20 AIDS PUBLIC SAFETY AND TESTING DISCLOSURE Section

199.95.Purpose.

199.96.Sexual crimes.

199.97.Assaults on officers.

199.98.Testing.

199.99.Custodial safety.



199.95. Purpose

The people of the State of California find and declare that AIDS,
AIDS related conditions, and other communicable diseases pose a
major threat to the public health and safety. The health and
safety of the public, victims of sexual crimes, and peace
officers, firefighters, and custodial personnel who may come into
contact with infected persons, have not been adequately protected
by law. The purpose of this chapter is to require that
information that may be vital to the health and safety of the
public, victims of certain crimes, certain defendants and minors,
and custodial personnel, custodial medical personnel, peace
officers, firefighters and emergency medical personnel put at
risk in the course of their official duties, be obtained and
disclosed in an appropriate manner in order that precautions can
be taken to preserve their health and the health of others or
that such persons can be relieved from groundless fear of
infection. It is the intent of this chapter to supersede in case
of conflict existing statutes or case law on the subjects covered
including but not limited to the confidentiality and consent
provisions contained in chapters 1.11, 1.12, and 1.13 of Part 1
of Division 1 of the Health and Safety Code.



199.96. Sexual crimes

Any defendant charged in any criminal complaint filed with a
magistrate or court with any violation of Penal Code Sections
261, 261.5, 262, 266b, 266c, 286, 288, or 288a and any minor with
respect to whom a petition has been filed in a juvenile court
alleging violation of any of the foregoing laws, shall be subject
to an order of a court having jurisdiction of the complaint or
petition requiring testing as provided in this chapter. If an
alleged victim listed in the complaint or petition makes a
written request for testing under this section, the prosecuting
attorney, or the alleged victim may petition the court for an
order authorized under this section. The court shall promptly
conduct a hearing upon any such petition. If the court finds that
probable cause exists to believe that a possible transfer of
blood, saliva, semen, or other bodily fluid took place between
the defendant or minor and the alleged victim in an act specified
in this section, the court shall order that the defendant or
minor provide two specimens of blood for testing as provided in
this chapter. Copies of the test results shall be sent to the
defendant or minor, each requesting victim and, if the defendant
or minor is incarcerated or detained, to the officer in charge
and the chief medical officer of the facility in which such
person is incarcerated or detained.



199.97. Assaults on officers

Any person charged in any criminal complaint filed with a
magistrate or court and any minor with respect to whom a petition
has been filed in juvenile court, in which it is alleged in whole
or in part that the defendant or minor interfered with the
official duties of a peace officer, firefighter, or emergency
medical personnel by biting, scratching, spitting, or
transferring blood or other bodily fluids on, upon, or through
the skin or membranes of a peace officer, firefighter, or
emergency medical personnel shall in addition to any penalties
provided by law be subject to an order of a court having
jurisdiction of the complaint or petition requiring testing as
provided in this chapter. The peace officer, firefighter,
emergency medical personnel or the employing agency, officer, or
entity may petition the court for an order authorized under this
section. The court shall promptly conduct a hearing upon any such
petition. If the court finds that probable cause exists to
believe that a possible transfer of blood, saliva, semen, or
other bodily fluid took place between the defendant or minor and
the peace officer, firefighter, or emergency medical personnel,
as specified in this section, the court shall order that the
defendant or minor provide two specimens of blood for testing as
provided in this chapter. Copies of the test results shall be
sent to the defendant or minor, each peace officer, firefighter,
and emergency medical personnel named in the petition and his or
her employing agency, officer, or entity, and if the defendant or
minor is incarcerated or detained, to the officer in charge and
the chief medical officer of the facility in which such person is
incarcerated or detained.



199.98. Testing

(a) The withdrawal of blood shall be performed in a medically
approved manner. Only a physician, registered nurse, licensed
vocational nurse, licensed medical technician, or licensed
phlebotomist may withdraw blood specimens for the purposes of
this chapter.

(b) The court shall order that the blood specimens be transmitted
to a licensed medical laboratory and that tests be conducted
thereon for medically accepted indications of exposure to or
infection by acquired immunity deficiency syndrome (AIDS) virus,
AIDS related conditions, and such communicable diseases for which
medically approved testing is readily and economically available
as determined by the court.

(c) Copies of test results which indicate exposure to or
infection by AIDS, AIDS related conditions, or other communicable
diseases shall also be transmitted to the State Department of
Health Services.

(d) The test results shall be sent to the designated recipients
with the following disclaimer: "The tests were conducted in a
medically approved manner but tests cannot determine exposure to
or infection by AIDS or other communicable diseases with absolute
accuracy. Persons receiving this test result should continue to
monitor their own health and should consult a physician as
appropriate." If the person subject to the test is a minor,
copies of the test result shall also be sent to the minor's
parents or guardian.

(e) The court shall order all persons, other than the test
subject, who receive test results pursuant to Sections 199.96 or
199.97, to maintain the confidentiality of personal identifying
data relating to the test results except for disclosure which may
be necessary to obtain medical or psychological care or advice.

(f) The specimens and the results of tests ordered pursuant to
Sections 199.96 and 199.97 shall not be admissible evidence in
any criminal or juvenile proceeding.

(g) Any person performing testing, transmitting test results, or
disclosing information pursuant to the provisions of this chapter
shall be immune from civil liability for any action undertaken in
accordance with the provisions of this chapter.



199.99. Custodial safety

(a) Any medical personnel employed by, under contract to, or
receiving payment from the State of California, any agency
thereof, or any county, city, or city and county to provide
service at any state prison, the Medical Facility, any Youth
Authority institution, any county jail, city jail, hospital jail
ward, juvenile hall, juvenile detention facility, or any other
facility in which adults are held in custody or minors are
detained, or any medical personnel employed, under contract, or
receiving payment to provide services to persons in custody or
detained at any of the foregoing facilities, who receives
information as specified herein that an inmate or minor at such a
facility has been exposed to or infected by the AIDS virus or has
an AIDS related condition or any communicable disease, shall
communicate such information to the officer in charge of the
facility in which such inmate or minor is in custody or detained.

(b) Information subject to disclosure under subsection (a) shall
include the following: any laboratory test which indicates
exposure to or infection by the AIDS virus, AIDS-related
condition, or other communicable diseases; any statement by the
inmate or minor to medical personnel that he or she has AIDS or
an AIDS-related condition, has been exposed to the AIDS virus, or
has any communicable disease; the results of any medical
examination or test which indicates that the inmate or minor has
tested positive for antibodies to the AIDS virus, has been
exposed to the AIDS virus, has an AIDS-related condition, or is
infected with AIDS or any communicable disease; provided, that
information subject to disclosure shall not include information
communicated to or obtained by a scientific research study
pursuant to prior written approval expressly waiving disclosure
under this section by the officer in charge of the facility.

(c) The officer in charge of the facility shall notify all
employees, medical personnel, contract personnel, and volunteers
providing services at such facility who have or may have direct
contact with the inmate or minor in question, or with bodily
fluids from such inmate or minor, of the substance of the
information received under subsections (a) and (b) so that such
persons can take appropriate action to provide for the care of
such inmate or minor, the safety of other inmates or minors, and
their own safety.

(d) The officer in charge and all persons to whom information is
disclosed pursuant to this section shall maintain the
confidentiality of personal identifying data regarding such
information, except for disclosure authorized hereunder or as may
be necessary to obtain medical or psychological care or advice.

(e) Any person who willfully discloses personal identifying data
regarding information obtained under this section to any person
who is not a peace officer or an employee of a federal, state, or
local public health agency, except as authorized hereunder, by
court order, with the written consent of the patient or as
otherwise authorized by law, is guilty of a misdemeanor.



INSURANCE CODE ARTICLE 6.9. UNDERWRITING OF AIDS RISKS

Section

799. Purposes of article.

799.01. Definitions.

799.02. Authorization to decline coverage; application of
section; construction of article.

799.03. Testing for HIV or antibodies to HIV; informed consent;
counseling; privacy protection; notification of positive test
results.

799.04. Cost of test to be borne by insurer.

799.05. Consideration of marital status or known or suspected
homosexuality or bisexuality; prohibited in determining whether
to require test.

799.06. Law applicable to underwriting activities; questions
about prior testing for HIV antibodies.

799.07. Positive test results; reports to insurance support
organizations; nonspecific blood test result code required.

799.08. Limit of benefits.

799.09. Requiring HIV test as condition of coverage; prohibited.

799.10. HIV antibody test results requested by an insurer;
negligent and willful disclosures; penalty; damages.



799. Purposes of article

The purposes of this article are to establish standards for the
performance by life and disability income insurers of their duty
to avoid making or permitting unfair distinctions between
individuals of the same class in the underwriting of life or
disability income insurance for the risks of acquired immune
deficiency syndrome (AIDS) and AIDS-related conditions (ARC); to
establish mandatory and uniform minimum standards for assessing
AIDS and ARC risks for determining insurability which are deemed
to be sufficiently reliable to be used for life and disability
income insurance risk classification and underwriting purposes;
to require the maintenance of strict confidentiality of personal
information obtained through testing; and to require informed
consent before any insurer tests for HIV.



799.01. Definitions

As used in this article: (a) "ELISA" test means an enzyme-linked
immunosorbent assayserologic test which has been licensed by the
federal Food and Drug Administration to detect antibodies to the
human immunodeficiency virus.

(b) "Positive ELISA test" means an ELISA test performed in
accordance with the manufacturer's specifications which is
reactive on an initial testing and on at least one of two
additional tests of the same blood specimen.

(c) "Western Blot Assay" means an assay which uses reagents
consisting of HIV antigens separated by polyacrylamide-
gelelectrophoresis and then transferred to nitro-cellulose paper
to detect antibodies to the human immunodeficiency virus.

(d) "Reactive Western Blot Assay" means a Western Blot Assay
which is reactive according to the standards of performance and
results specified in the manufacturer's federal Food and Drug
Administration approved product circular for the Western Blot
Assay reagents and laboratory apparatus.

(e) "HIV antibody test" means an ELISA test or a Western Blot
Assay, or both.

(f) "Major disability income insurer" means an insurer licensed
to transact life insurance or disability insurance in this state
or a fraternal benefit society licensed in this state.

(g) "Certificate" means a certificate of group life insurance or
group disability income insurance delivered in this state,
regardless of the status of the group master policy.

(h) "Policy" means an individual life insurance policy or
individual disability income insurance policy delivered in this
state or a certificate of life insurance benefits or disability
income insurance benefits delivered in this state by a fraternal
benefit society.

(i) "Disability income insurance" means insurance against loss of
occupational earning capacity arising from injury, sickness, or
disablement.



799.02. Authorization to decline coverage; application of
section; construction of article

Notwithstanding subdivision (f) of Section 199.21 of the Health
and Safety Code or any other provisions of law, a life or
disability income insurer may decline a life or disability income
insurance application or enrollment request on the basis of a
positive ELISA test followed by a reactive Western Blot Assay
performed by or at the direction of the insurer on the same
specimen of the applicant's blood. This authorization applies
only to policies certificates and applications for coverage

(a) that is used delivered or received on or after the effective
date of the urgency statute amending this section enacted 1989
portion of the 1989-90 Regular Session and

(b) the issuance or of which is otherwise contingent upon medical
review for other diseases or medical conditions to be effective.

This article shall not be construed to prohibit an insurer from
declining an application or enrollment request for insurance
because the applicant has been diagnosed as having AIDS or ARC by
a medical professional.



799.08. Testing for HIV or antibodies to HIV; Informed consent;
counseling; privacy protection; notification of positive test
results

No insurer shall test for HIV or for the presence of antibodies
to HIV for the purpose of determining insurability other than in
accordance with the informed consent, counseling, and privacy
protection provisions of this article and Article 6.6 (commencing
with Section 791). Notwithstanding any other provision of law,
this constitutes the exclusive requirements for counseling,
informed consent, and privacy protection for that testing.

(a) An insurer that requests an applicant to take an HIV-related
test shall obtain the applicant's written informed consent for
the test. Written informed consent shall include a description of
the test to be performed, including its purpose, potential uses,
and limitations, the meaning of its results, procedures for
notifying the applicant of the results, and the right to
confidential treatment of the results. Prior to the applicant's
execution of the consent, the insurer shall:

(1) Provide the applicant printed material describing HIV, its
causes and symptoms, the manner in which it is spread, the test
or tests used to detect HIV or the HIV antibody, and what a
person can do whose test results are positive or negative.

(2) Provide the applicant a list of counseling resources
available, where the applicant can obtain assistance in
understanding the meaning of the test and its results. The list
may be provided from publicly available information.

(b) The insurer shall notify an applicant of a positive test
result by notifying the applicant's designated physician. If the
applicant tested has not given written consent authorizing a
physician to receive the test results, the applicant shall be
urged, at the time the applicant is informed of the positive test
results, to contact a private physician, the county department of
health, the State Department of Health Services, local medical
societies, or alternative test sites for appropriate counseling.



799.04. Cost of test to be borne by Insurer

A life or disability income insurer may not require an applicant
to undergo an HIV antibody test unless the cost of the test is
borne by the insurer.



799.05 Consideration of marital status or known or suspected
homosexuality or bisexuality; prohibited in determining whether
to require test

No life or disability income insurer shall consider the marital
status or known or suspected homosexuality or bisexuality of an
applicant for life insurance or disability income insurance in
determining whether to require an HIV antibody test of that
applicant.



799.00. Law applicable to underwriting activities; questions
about prior testing for HIV antibodies

All underwriting activities undertaken by insurers pursuant to
this article shall be subject to all applicable provisions of
Article 6.6 (commencing with Section 791). On and after January
1, 1990, no application or enrollment request for life or
disability income insurance shall contain a question pertaining
to prior testing for HIV antibodies, unless the question is
limited in scope to prior testing for the purpose of obtaining
insurance.



799.07. Positive test results; reports to insurance support
organization; nonspecific blood test result code required

If an applicant has had a positive EISA test result or a reactive
Western Blot Assay or both, a life or disability income insurer
shall not report a code to an insurance support organization as
defined in Section 791.02 or another insurer unless a nonspecific
blood test result code is used which does not indicate that the
individual was subject to testing related to the human
immunodeficiency virus.



799.O8 Limit of benefits

No policy or certificate shall limit benefits otherwise payable
if loss is caused or contributed to by AIDS or ARC unless the
insurer could have declined the application or enrollment request
of the insured as provided in Section 799.02.



799.09. Requiring HIV test as condition of coverage; prohibited

No life or disability income insurer shall require an HIV
antibody test if the results of the test would be exclusively or
nonexclusive for the purpose of determining eligibility for
hospital, medical, or surgical insurance coverage or eligibility
for coverage under a nonprofit hospital service plan or health
care service plan.



799.10. HIV antibody test results requested by an insurer;
negligent and willfully disclosures; penalty; damages

(a) This section shall apply to the disclosure of the results of
HIV antibody tests requested by an insurer pursuant to this
article and, notwithstanding the provisions of Section 199.21 of
the Health and Safety Code, Section 199.21 of the Health and
Safety Code does not apply to the disclosure of the results of
HIV antibody tests conducted pursuant to this article.

(b) Any person who negligently discloses results of an HIV
antibody test to any third party, in a manner which 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 this
article or in Section 1608.1 or 1603.3 of the Health and Safety
Code, shall be assessed a civil penalty in an amount not to
exceed one thousand dollars ($1,000) 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 discloses the results of an HIV
antibody test to any third party, in a manner which 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 this
article or in Section 1608.1 or 1603.3 of the Health and Safety
Cede, shall be assessed a civil penalty in an amount not less
than one thousand dollars ($1,000) and not more than five
thousand dollars ($5,000) plus court costs, as determined by the
court, which penalty and costs shall be paid to the subject of
the test

(d) Any person who willfully or negligently discloses the results
of an HIV antibody test to a third party, in a manner which
identifies or provides identifying characteristics of the person
to whom the test results apply, except pursuant to a written
authorization, as described is subdivision (g), or except as
provided in this article or in Section 1603.1 or 1603.8 of the
Health and Safety Code,, which 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, by a fine of not to exceed ten
thousand dollars ($10,000), or by both that fine and
imprisonment.

(e) Any person who commits any act described in subdivision (b)
or (c) shall be liable to the subject for all actual damages,
including damages for economic, bodily, or psychological harm
which is a proximate cause of the act

(f) Each disclosure made in violation of this section is a
separate and actionable offense.

(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.



CHAPTER 2.71. AIDS PREVENTION PROGRAM IN DRUG ABUSE AND
PROSTITUTION CASES

Section 1001.10. AIDS education program; condition of probation
or participation in drug diversion program; application of
section.

1001.11. County health departments; selection of agencies to
provide AIDS prevention education; list of selected agencies;
services; exemptions.



1001.10. AIDS education program; condition of probation or
participation in drug diversion program; application of section

(a) The judge shall require any person described in subdivision
(b), as a condition of either placing the person on probation or
of permitting the person to participate in a drug diversion
program to agree to participate in an AIDS education program.
Testing for AIDS antibodies shall be offered but no person
described in subdivision (b) shall be required to be tested.

(b) This section shall apply to any person who has either been
placed on probation or granted diversion for, any of the
following:

(1) A violation of subdivision (a) of Section 11350 of the Health
and Safety Code, subdivision (a) of Section 11377 of the Health
and Safety Code, Section 11550 of the Health and Safety Code,
Section 4143 or 4149 of the Business and Professions Code, or of
subdivision (f) of Section 647 if the offense involves
intravenous use of a controlled substance.

(2) A violation of subdivision (a) or (b) of Section 647.



1001.11. County health departments; selection of agencies to
provide AIDS prevention education; list of selected agencies;
services; exemptions

(a) The health department in each county shall select an agency,
or agencies, in the county that shall provide AIDS prevention
education to those persons sentenced to probation or a drug
diversion program in accordance with Section 1001.10. The health
department shall endeavor to select an agency, or agencies, that
currently provide AIDS prevention education programs to substance
abusers or prostitutes. If no agency is currently providing this
education, the county agency responsible for substance abuse
shall develop an AIDS prevention education program either within
the agency or under contract with a community-based, nonprofit
organization in the county. The health department shall forward
to the courts a list of agencies selected for purposes of
referral in accordance with Section 1001.10. Reimbursement for
the costs of implementing this section shall be made out of
moneys deposited with the county treasurer in accordance with
Section 1463.23.

(b) An AIDS prevention education program providing services
pursuant to subdivision (a) shall, at a minimum, include details
about the transmission of human immunodeficiency virus (HIV), the
etiologic agent for AIDS, symptoms of AIDS or AIDS-related
conditions, prevention through avoidance or cleaning of needles,
sexual practices which constitute high risk, low risk, and no
risk (including abstinence), and resources for assistance if the
person decides to take a test for the etiologic agent for AIDS
and receives a positive test result. The program shall also
include other relevant medical and prevention information as it
becomes available.

(c) A person sentenced to a drug diversion program pursuant to
Section 1001.10 shall not be required to participate in an AIDS
prevention education program, provided that the drug diversion
program includes an AIDS prevention education component that
meets the requirements of subdivision (b).



ARTICLE 6. CONDUCT, EDUCATION, AND DISCIPLINE

1123. Distribution of AIDS and HIV information to inmates

Subject to the availability of adequate state funding for these
purposes, the Director of the Youth Authority shall provide all
warris at each penal institution within the jurisdiction of the
department, including camps, with information about behavior that
places a person at high risk for contracting the human
immunodeficiency virus (HIV), and about the prevention of
transmission of acquired immune deficiency syndrome (AIDS). The
director shall provide all wards, who are within one month of
release or being placed on parole, with information about
agencies and facilities that provide testing, counseling,
medical, and support services for AIDS victims. Information about
AIDS prevention shall be solicited by the director from the State
Department of Health Services, the county health officer, or
local agencies providing services to persons with AIDS. The
Director of Health Services, or his or her designee, shall
approve protocols pertaining to the information to be
disseminated, and the training to be provided, under this
section.



1202.1. Conviction for sex offense; AIDS testing

(a) Notwithstanding Sections 199.20 and 199.22 of the Health and
Safety Code, the court shall order every person convicted of a
violation of a sexual offense listed in subdivision (d), whether
or not a sentence or fine is imposed or probation is granted, to
submit to a blood test for evidence of antibodies to the probable
causative agent of acquired immune deficiency syndrome (AIDS).
Each person tested under this section shall be informed of the
results of the blood test.

(b) Notwithstanding Section 199.21 of the Health and Safety Code,
the results of the blood test to detect antibodies to the
probable causative agent of AIDS shall be transmitted by the
clerk of the court to the Department of Justice.

(c) Notwithstanding Section 199.21 of the Health and Safety Code,
the Department of Justice shall provide the results of a test or
tests as to persons under investigation or being prosecuted under
Section 647f or 12022.85, if the results are on file with the
department, to the defense attorney upon request; and the results
also shall be available to the prosecuting attorney upon request
for the sole purpose of preparing counts for a subsequent offense
under Section 647f or sentence enhancement under Section
12022.85.

(d) For purposes of this section, sexual offenses include any of
the following:

(1) Rape in violation of Section 261.

(2) Unlawful intercourse with a female under age 18 in violation
of Section 261.5.

(3) Rape of a spouse in violation of Section 262.

(4) Sodomy in violation of Section 286.

(5) Oral copulation in violation of Section 288a. 1202.5.
Additional fine for robbery, burglary, grand theft, or petty
theft; determination of defendant's ability to pay; use of money.
for local crime prevention programs

(a) In any case in which a defendant is convicted of any of the
offenses enumerated in Section 211, 459, 487, or 488, the court
may order the defendant to pay a fine of ten dollars ($10) in
addition to any other penalty or fine imposed. If the court
determines that the defendant has the ability to pay all or part
of the fine, the court may set the amount to be reimbursed and
order the defendant to pay that sum to the county in the manner
in which the court believes reasonable and compatible with the
defendant's financial ability. In making a determination of
whether a defendant has the ability to pay, the court shall take
into account the amount of any other fine imposed upon the
defendant and any amount the defendant has been ordered to pay in
restitution.

(b) All fines collected pursuant to this section shall be
transferred to the local law enforcement agency in the
jurisdiction where the offense took place. All moneys collected
shall be used exclusively to implement, support, and continue
local crime prevention programs.

(c) As used in this section, "law enforcement agency" includes,
but is not limited to, police departments, sheriffs departments,
and probation departments.



1202.6. Prostitution; conviction; instruction in causes and
consequences of AIDS; AIDS testing; report of test results;
selection of program; testing procedure; confidential.

(a) Notwithstanding Sections 199.20, 199.21, and 199.22 of the
Health and Safety Code, upon the first conviction of any person
for a violation of subdivision (b) of Section 647, the court
shall, before sentencing or as a condition of probation, order
the defendant to complete instruction in the causes and
consequences of acquired immune deficiency syndrome (AIDS)
pursuant to subdivision (d) and shall order the defendant to
submit to testing for AIDS in accordance with subdivision (e). In
addition, the court shall refer a defendant, where appropriate,
to a program under Article 3.2 (commencing with Section 11320) of
Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions
Code or to any drug diversion program, or both.

(b) Upon a second or subsequent conviction of a violation of
subdivision (b) of Section 647, the court shall, before
sentencing, order the defendant to submit to testing for AIDS in
accordance with subdivision (e).

(c) At the sentencing hearing of a defendant ordered to submit to
testing for AIDS pursuant to subdivision (a) or (b), the court
shall furnish the defendant with a copy of the report submitted
pursuant to subdivision (e) and shall direct the clerk to note
the receipt of the report by the defendant in the records of the
case. If the results of the test described in the report are
positive, the court shall make certain that the defendant
understands the nature and meaning of the contents of the report
and shall further advise the defendant of the penalty established
in Section 647 for a subsequent violation of subdivision (b) of
Section 647.

(d) The county health officer in each county shall select an
agency, or agencies, in the county that shall provide AIDS
prevention education. The county health officer shall endeavor to
select an agency, or agencies, that currently provide AIDS
prevention education programs to substance abusers or
prostitutes. If no agency is currently providing this education,
the county agency responsible for substance abuse shall develop
an AIDS prevention education program either within the agency or
under contract with a community-based, nonprofit organization in
the county. The county health officer shall forward to the courts
a list of agencies selected for purposes of referral.

An AIDS prevention education program providing services, at a
minimum, shall include details about the transmission of human
immunodeficiency virus (HIV), the etiologic agent for AIDS,
symptoms of AIDS or AIDS-related conditions, prevention through
avoidance or cleaning of needles, sexual practices which
constitute high risk, low risk, and no risk (including
abstinence), and resources for assistance if the person decides
to take a test for the etiologic agent for AIDS and receives a
positive test result The program also shall include other
relevant medical and prevention information as it becomes
available.

(e) The court shall order testing of every defendant as ordered
pursuant to subdivision (a) or (b) for evidence of antibodies to
the probable causative agent of acquired immune deficiency
syndrome. Notwithstanding Section 199.21 of the Health and Safety
Code, written copies of the report on the test shall be furnished
to both of the following: (1) The court in which the defendant is
to be sentenced. (2) The State Department of Health Services.

(f) Except as provided in subdivisions (c) and (g), the reports
required by subdivision (e) shall be confidential (g) The State
Department of Health Services shall maintain the confidentiality
of the reports received pursuant to subdivision (e), except that
the department shall furnish copies of any such report to a
district attorney upon request.



1337.1 Adoption; contents

A skilled nursing or intermediate care facility shall adopt an
approved-training program that meets standards established by the
state department, The approved training program shall consist of
at least the following:

*****

(d) Each facility shall consider including training regarding the
characteristics and method of assessment and treatment of
acquired immune deficiency syndrome (AIDS).



1463.23. Fines; AIDS education program

Notwithstanding Section 1463, out of the moneys deposited with
the county treasurer pursuant to Section 1463, fifty dollars
($50) of each fine imposed pursuant to Section 4883 of the
Business and Professions Code, subdivision (c) of Section 11350,
subdivision (c) of Section 11377, or subdivision (b) of Section
11550 of the Health and Safety Code or subdivision (b) of Section
264, subdivision (m) of Section 286, subdivision (m) of Section
288a or Section 647.1, shall be deposited in a special account in
the county treasury which shall be used exclusively to pay for
the reasonable costs of establishing and providing for the
county, or any city within the county, an AIDS (acquired immune
deficiency syndrome) education program under the direction of the
county health department, in accordance with Chapter 2.71
(commencing with Section 1001.10) of Title 6, and for the costs
of collecting and administering funds received for purposes of
this section.



1524.1. Issuance; HIV testing of accused's blood; hearing; notice
to victim; request of victim; disclosure of test results and
information; inadmissibility of test results and information in
criminal proceeding

(a) The primary purpose of the testing and disclosure provided in
this section is to benefit the victim of a crime by informing the
victim whether the defendant is infected with the AIDS virus. It
is also the intent of the Legislature in enacting this section to
protect the health of both victims of crime and those accused of
committing a crime. Nothing in this section shall be construed to
authorize mandatory testing or disclosure of test results for the
purpose of a charging decision by a prosecutor, nor, except as
specified in subdivisions (g) and (i), shall this section be
construed to authorize breach of the confidentiality provisions
contained in Chapter 1.11 (commencing with Section 199.20) of
Part 1 of Division 1 of the Health and Safety Code.

(b) (1) Notwithstanding the provisions of Chapter 1.11
(commencing with Section 199.20) of Part 1 of Division 1 of the
Health and Safety Code, when a defendant has been charged by
complaint, information, or indictment with a crime, or a minor is
the subject of a petition filed in juvenile court alleging
commission of a crime, the court, at the request of the victim,
may issue a search warrant for the purpose of testing the
accused's blood with any HIV test, as defined in Section 26 of
the Health and Safety Code only under the following
circumstances: When the court finds, upon the conclusion of the
hearing described in paragraph (2), or in those cases in which a
preliminary hearing is not required to be held, the court also
finds that there is probable cause to believe that the accused
committed the offense, and that there is probable cause to
believe that blood, semen, or any other body fluid identified by
the State Department of Health Services in appropriate
regulations as capable of transmitting the human immunodeficiency
virus has been transferred from the accused to the victim.

(2) Prior to the issuance of a search warrant pursuant to
paragraph (1), the court, where applicable and at the conclusion
of the preliminary examination if the defendant is ordered to
answer pursuant to Section 872, shall conduct a hearing at which
both the victim and the defendant have the right to be present
During the hearing only affidavits, counter affidavits, and
medical reports regarding the facts which support or rebut the
issuance of a search warrant under paragraph (1) shall be
admissible.

(c) (1) In all cases in which the person has been charged by
complaint, information, or indictment with a crime, or is the
subject of a petition filed in a juvenile court alleging the
commission of a crime, the prosecutor shall advise the victim of
his or her right to make this request. To assist the victim of
the crime to determine whether he or she should make this
request, the prosecutor shall refer the victim to the local
health officer for prerequisite counseling to help that person
understand the extent to which the particular circumstances of
the crime may or may not have put the victim at risk of
transmission of HIV from the accused, to ensure that the victim
understands both the benefits and limitations of the current
tests f6r HIV, to help the victim decide whether he or she wants
to request that the accused he tested, and to help the victim
decide whether he or she wants to be tested.

(2) The Department of Justice, in cooperation with the California
District Attorneys Association, shall prepare a form to be used
in providing victims with the notice required by paragraph (1).

(d) If the victim decides to request HIV testing of the accused,
the victim shall request the issuance of a search warrant, as
described in subdivision (b). Neither the failure of a prosecutor
to refer or advise the victim as provided in this subdivision,
nor the failure or refusal by the victim to seek or obtain
counseling, shall be considered by the court in ruling on the
victim's request

(e) The local health officer shall make provision for
administering all HIV tests ordered pursuant to subdivision (b).

(f) Any blood tested pursuant to subdivision (b) shall be
subjected to appropriate confirmatory tests to ensure accuracy of
the first test results, and under no circumstances shall test
results be transmitted to the victim or the accused unless any
initially reactive test result has been confirmed by appropriate
confirmatory tests for positive reactors.

(g) The local health officer shall have the responsibility for
disclosing test results to the victim who requested the test and
to the accused who was tested . However no positive test results
shall be disclosed to the victim or to the accused without also
providing or offering professional counseling appropriate to the
circumstances.

(h) The local health officer and victim shall comply with all
laws and policies relating to medical confidentiality subject to
the disclosure authorized by subdivisions (g) and (i).

(i) Any victim who receives information from the health officer
pursuant to subdivision (g) may disclose the test results as the
victim deems necessary to protect his or her health and safety or
the health and safety of his or her family or sexual partner.

(j) Any person transmitting test results or disclosing
information pursuant to this section shall be immune from civil
liability for any actions taken in compliance with this section.

(k) The results of any blood tested pursuant to subdivision (b)
shall not be used in any criminal proceeding as evidence of
either guilt or innocence.





CHAPTER 3.35. RESIDENTIAL CARE FOR MINORS AND FAMILIES WITH HIV
DISEASE

Section

1596.60. Pilot project; selection of facilities; participation
requirements for facilities selected.

1596.61. Recommendations by State Department of Social Services;
collection and analysis of information; contracts with
consultants.

1596.62. Pilot project implementation guidelines; exemption from
Administrative Procedure Act

1596.63. Duration of chapter.

1596.64. Implementation of chapter; funding.

1596.60. Pilot project; selection of facilities; participation
requirements for facilities selected

(a) The State Department of Social Services shall select and
monitor no less than six and no more than 20 facilities that
apply to participate in a pilot project to develop efficient,
cost effective, and humane residential care for minors with human
immunodeficiency virus (HIV) disease, and families in which one
or more members have HIV disease.

(b) In selecting the pilot project facilities, the department
shall consider geographic and demo graphic factors related to the
HIV epidemic. The department shall also consider each pilot
project applicant's residential care experience, financial
integrity, ability to serve the target population, and ability to
provide the pilot project services. The department shall select
at least one of each of the following:

(1) A group home that provides long-term care for minors with HIV
disease. For purposes of this section, long-term care shall
include care until the time of death.

(2) A group home that provides transitional care for minors with
HIV disease. For purposes of this section, "transitional care
means care for six months to one year where the goal for the
minor is reunification with the family, adoption, or placement in
a foster care program.

(3) A residential care facility for persons with chronic, life-
threatening illness that provides residential care to families in
which one or more members have HIV disease. A residential care
facility for persons with chronic, life-threatening illness
selected as a pilot project shall be exempt from the age
limitation in subdivision (i) of Section 1568.01.

(4) A facility that is not licensed by the department and
provides residential care to minors with HIV disease or to
families in which one or more members have HIV disease. The
Director of Social Services may select these facilities from
those facilities that are currently pilot projects in the
residential AIDS shelter program as described in Section 199.715.
A residential AIDS shelter selected for this pilot project shall
cease being a residential AIDS shelter. The director shall exempt
from licensing any facility selected for this pilot project that
is not licensed by the department

(c) Any group home selected for this pilot project shall continue
to meet the licensing requirements of Chapter 3 (commencing with
Section 1500). Any residential care facility for persons with
chronic, life-threatening illness selected for this pilot project
shall continue to meet the licensing requirements pursuant to
Chapter 3.01 (commencing with Section 1568.01).

(d) Any facility that is not licensed by the department and is
selected for this pilot project shall be required to enter into a
contract with the department that defines the conditions for
participation and includes any other criteria the department
determines are necessary to assure the health, safety, and
welfare of the residents. The contract shall require that a plan
of operation be submitted to the department prior to the
commencement of the pilot project. The contract shall require the
facility to comply with any data collection that the department
determines is necessary.

(e) Each facility selected for the pilot project shall ensure
that each resident with HIV disease has access to home health
care services provided by a licensed home health agency. The
facility shall have a written agreement with one or more licensed
home health agencies. Notwithstanding any other provisions of
law, where the resident with HIV disease or his or her parent,
guardian, or conservator, if one exists, is unable to arrange for
home health care services, the facility shall assume that
responsibility.

(f) Each facility selected for the pilot project shall establish
and coordinate an interdisciplinary team for each resident of the
facility. The team shall include, but not be limited to, the
resident's physician or his or her designee, a registered nurse,
if one is involved in delivering the resident's health care, a
representative from the facility, the resident's placement
worker, if one exists, and the resident's parent or guardian if
the resident is a minor and the parent or guardian is involved in
decisions regarding the minor's life. The team shall develop and
monitor an individual services plan for each resident The plan
shall include a health care services component developed by the
resident's physician or his or her designee, or a registered
nurse.

(g) Any facility that is not licensed by the department and is
selected for the pilot project shall secure criminal records
clearances pursuant to Section 11105.3 of the Penal Code. The
facility shall not employ any person convicted of violations of
Sections 187, 220, 243.4, 264.1, paragraph (1) of Section 273a,
Section 273d, Section 288, or Section 289 of the Penal Code.

(h) Nothing in this section shall be used to deny funds for which
a resident in a pilot project facility or a facility selected as
a pilot project would otherwise have been eligible.

(i) In administering the pilot project, the department shall not
evaluate or have any responsibility for the evaluation of the in-
home health care provided in pilot project facilities.

(j) It is the intent of the Legislature that this pilot program
endeavor to prevent separation of a resident with HIV disease
from his or her parents, siblings, or children. To achieve that
objective, persons without HIV disease may reside in the facility
if the only alternative is to separate families or siblings.

(k) For purposes of this chapter, "family" means at least one
minor and one parent or legal guardian of the minor.