SECTIONS 120875-120895 - California Statutes

HEALTH AND SAFETY CODE

SECTION 120875-120895

120875. 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 department 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.

120880. 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
120875.

120885. The Legislature finds and declares it is of great benefit
to the public health and essential to the protection of safe blood
and blood components available for transfusion to provide testing for
the presence of antibodies to the probable causative agent of
acquired immune deficiency syndrome (AIDS) as a function separate
from the donation of blood or blood components.

120890. The director shall, in order to protect the public health
and in order to make blood and blood components safe for transfusion,
designate counties that shall establish alternative testing sites,
within the funds available, pursuant to this section and Sections
120885 and 120895. When designating a county pursuant to this
section, the director may consider whether the county contains a
permanent operational blood bank. All alternative test sites,
established pursuant to this section and Sections 120885 and 120895,
shall be under the supervision of a physician and surgeon or be a
clinic or health facility licensed by the department.

120895. (a) Each county, designated by the director, shall make the
test available within its jurisdiction without charge, in an
accessible manner and the tests shall be made available by the county
on an anonymous basis through use of a coded system with no linking
of individual identity with the test request or results. The number
and location of sites in each county designated by the director shall
be approved by the director. The test shall be made available by the
county either directly or by contract with a physician and surgeon
or with any clinic or health facility licensed by the department.
Neither the county nor anyone else administering the test described
in this section and Sections 120885 and 120890, shall ask for the
name, social security number, or any other information that could
reveal the identity of the individual who takes the test. Each
alternative test site shall make available confidential information
and referral services, within the funds available, to individuals who
seek testing. A county may subcontract with individuals or entities
to provide information and referral services.
All alternative test sites shall provide a referral list of
physicians and surgeons or clinics knowledgeable about AIDS, to all
persons who have any known risk factor for AIDS, especially those who
have a reactive antibody test, for further information and
explanation of the test results and for medical evaluation.
At a minimum, individuals seeking testing shall be informed about
the validity and accuracy of the antibody test before the test is
performed. All testing site personnel shall be required to attest to
having provided the above information. Furthermore, all individuals
who are tested at the sites established by this section and Sections
120885 and 120890 shall be given the results of this test in person.
All sites providing antibody testing pursuant to this section and
Sections 120885 and 120890 shall have a protocol for referral for
24-hour inpatient and mental health services. All individuals
awaiting test results and all persons to whom results are reported
shall be informed of available crisis services and shall be directly
referred, if necessary.
Each county, designated by the director, shall be required to
submit a plan to the department within 45 days after the effective
date of this section that details where testing and pretest and
posttest information and referral will be provided and the
qualifications of the staff who will be performing the services
required by this section and Sections 120885 and 120890. The
department shall make training available, especially to smaller
counties.
(b) The department shall establish a reimbursement process for
counties within 30 days after the effective date of this section for
the following services:
(1) Informing test applicants on the test's reliability and
validity.
(2) Administration of tests, analysis of test samples, and costs
associated with the laboratory work required by this antibody test.
(3) Short-term information and referral sessions, of no more than
one visit per person tested for the purpose of transmitting the
person's test results and, as requested, for referral to available
followup services.
The department shall establish the amounts to be reimbursed for
each of these services, but the amounts shall be established at a
level to ensure that the purposes of this section and Sections 120885
and 120890 are carried out. Reimbursements shall be made for each
service provided.
(c) The department may replace the test for the antibody to the
probable causative agent for AIDS with another type of HIV test, as
the department deems appropriate.
(d) The director may grant a waiver to a county from the
requirements of this section and Sections 120885 and 120890 if the
county petitions the director for the waiver and the director
determines that the waiver is consistent with the purposes of this
section and Sections 120885 and 120890.
(e) A participating county or the department may accept grants,
donations, and in-kind services for purposes of carrying out this
section and Sections 120885 and 120890.