SECTIONS 120800-120871 - California Statutes

HEALTH AND SAFETY CODE

SECTION 120800-120871

120800. 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.

120805. (a) The department 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 120895, 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 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
department each fiscal year.
(6) Develop and maintain an information clearinghouse within the
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) Establish, with the assistance of other state agencies as the
department deems appropriate, centralized translation services to
facilitate development of multilanguage, culturally relevant
educational materials on HIV infection.
(11) 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 120825.
(12) Include, to the extent feasible with existing resources, in
its HIV surveillance and reporting practices, information concerning
newly identified clinical manifestations of HIV infection and
available resources for health care practitioners to seek diagnostic
and treatment information.
(b) The director 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 that may not be apparent in the analysis of charges,
such as private rooms and social work.
(c) Notwithstanding Chapter 2 (commencing with Section 10290) of
Part 2 of Division 2 of the Public Contract Code, if the director
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 1985-86 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.

120815. (a) The department may provide supplemental funding to
residential AIDS shelters in accordance with Section 120810, as long
as that section is operative, and to residential care facilities for
persons with a chronic, life-threatening illness, that are licensed
in accordance with Chapter 3.01 (commencing with Section 1568.01) of
Division 2.
(b) A residential AIDS shelter that 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.

120820. (a) Personal data in any investigations, reports, and
information relating thereto shall be kept confidential and be
afforded protections provided by Section 100330, except as provided
by Section 1603.1 or 1603.3.
(b) If patient-identifying information is subpoenaed from the
department, the 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.

120825. The director 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 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.

120830. (a) 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.
(b) The state director shall designate the contractors and the
amounts that contractors will receive for the block grant direct
service demonstration projects.
(c) 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.
(d) 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 or
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 that are culturally and linguistically
appropriate to the population served.
(e) 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.
(f) Contractors shall develop a comprehensive service system
including, but not limited to, the following essential services, that
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
that 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, and
domestic partners and of nonprofit and charitable organizations in
preventing the severe, adverse health and social consequences that
result from being diagnosed with AIDS or AIDS-related conditions.
(g) The direct service program for provision of essential services
shall ensure both of the following:
(1) An ongoing quality assurance program.
(2) Confidentiality assurances and methods for developing
interagency confidentiality agreements.

120835. (a) The 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,
that shall be reviewed by the Department of Finance. The director
may use existing budgeted resources for services provided for
pursuant to subdivision (a).

120840. 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 department.
(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.

120845. 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 120805, 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, that
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.

120846. (a) It is the intent of the Legislature to increase the
capacity of HIV test sites to screen more individuals by streamlining
test site services.
(b) Publicly funded HIV test sites shall be permitted to do all of
the following:
(1) Advise a person who has been tested before and is following
appropriate public health risk reduction measures that the person
does not need to receive further education services. This paragraph
shall not apply to a person who engages in high-risk behaviors and is
not following appropriate risk reduction measures.
(2) Determine whether a person should be allowed to
self-administer any data collection form required by the department.
(3) As appropriate, provide prevention education through video,
small group, individual interaction, or other methods and in small
groups or couples.

120850. The amount of two million three hundred thousand dollars
($2,300,000), appropriated pursuant to Section 2 of Chapter 767 of
the Statutes of 1985, 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
the trials.

120855. (a) The 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.

120860. (a) The department shall, in coordination with the State
Department of Alcohol and Drug Programs, develop a plan that 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, that shall be
integrated, as the department deems appropriate, into the following
programs:
(1) The California Childrens Services Program provided for
pursuant to Article 5 (commencing with Section 123800) of Chapter 3
of Part 2 of Division 106.
(2) Programs under the Maternal and Child Health Branch of the
department.
(3) The Child Health Disability Prevention Program provided for
pursuant to Article 6 (commencing with Section 124025) of Chapter 3
of Part 2 of Division 106.
(4) The Genetic Disease Program, provided for pursuant to Sections
125000 and 125005.
(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 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 that 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 that 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 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 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.

120870. (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.

120871. (a) The department shall authorize the establishment of
training programs throughout the state for counselors for publicly
funded HIV testing programs. These training programs shall be
conducted by community-based, nonprofit organizations with
demonstrated expertise in providing free, anonymous, or confidential
HIV testing services. The programs may be offered at flexible times,
so as to facilitate the training of volunteer and part-time
counselors.
(b) All participating community-based organizations shall follow
curriculum content and design approved by the department for training
programs administered pursuant to this section.
(c) All counselors trained in programs authorized by this section
shall be subject to existing state and local testing and successful
completion of training.
(d) All costs associated with training programs administered
pursuant to this section shall be absorbed by participating
community-based organizations. This section shall not be construed to
require or prohibit the funding of any training program administered
pursuant to this section by the department, or by any local
government administering a training program for HIV counselors.
(e) This section shall not be construed to prohibit or otherwise
restrict community-based organizations from participating in existing
local training programs.