Health care providers and laboratories shall report HIV infection cases and patient names to local health officers in order to keep California competitive for federal HIV and AIDS funding. Local health officers shall report unduplicated HIV cases by name to the State Department of Health Services.
Identifying information for HIV cases reported to the local health officer and the State Department of Health Services shall not be disclosed to the federal government except when the confidential information is necessary to the investigation, control, or surveillance of disease.
Disclosure of HIV/AIDS records by a state or local public health agency for public health or research purposes shall be limited to the information necessary for the purpose of that disclosure, and shall be made only upon agreement that the information will be kept confidential and will not be further disclosed without written authorization of the subject or his/her guardian/conservator.
Agencies shall maintain records with accuracy, relevance, timeliness, and completeness to the maximum extent possible when records are used to make a determination about the individual. When records are transferred outside of state government, the agency shall update, correct, withhold, or delete any inaccurate or untimely portion of the record.
An agency may disclose personal information to the State Archives as a record that has sufficient historical or other value to warrant its continued preservation by the California state government, or for evaluation by the Director of General Services or his or her designee to determine whether the record has further administrative, legal, or fiscal value.
An agency may disclose personal information to a law enforcement or regulatory agency when required for an investigation of unlawful activity or for licensing, certification, or regulatory purposes, unless the disclosure is otherwise prohibited by law.
An agency may disclose personal information to another person or governmental organization to the extent necessary to obtain information from the person or governmental organization as necessary for an investigation by the agency of a failure to comply with a specific state law that the agency is responsible for enforcing.
