1. (a) licensed under the provisions of Business and Professions Code, Division 2 (Healing Arts) and acting within his or her scope of practice, or;
2. (b) a designee of a physician and surgeon acting under the general supervision of that physician or surgeon, or;
3. (c) a person working in a publicly-funded confidential counseling and testing program acting under the general supervision of, and following the protocols approved by, the local Health Officer for the local health department.

“Health care provider” means an individual who obtains the results of an HIV test or HIV test algorithm or submits a biological specimen to a laboratory for a test to detect the presence of HIV, a component of HIV or antibodies to or antigens of HIV, receives the test results and is;

Note: Authority cited: Sections 101160, 120125, 120130, 121022, 131080 and 131200, Health and Safety Code. Reference: Sections 1206, 1206.5, 1241, 1281 and 1285, Business and Professions Code; and Sections 120175, 120775, 120885-120895, 120917, 121022, 121025, 131051, 131052, 131056 and 131080, Health and Safety Code.

History

1. New section filed 5-2-2002; operative 7-1-2002 (Register 2002, No. 18).

2. Amendment of first paragraph and Note filed 1-8-2007 as an emergency pursuant to Health and Safety Code section 121022, subdivision (c); operative 1-8-2007 (Register 2007, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-8-2007 or emergency language will be repealed by operation of law on the following day.

3. Amendment of first paragraph and Note refiled 4-18-2007 as an emergency pursuant to Health and Safety Code section 121022, subdivision (c); operative 5-9-2007 (Register 2007, No. 16). A Certificate of Compliance must be transmitted to OAL by 9-6-2007 or emergency language will be repealed by operation of law on the following day.

4. Amendment of first paragraph and Note refiled with further amendment of Note 8-21-2007 as an emergency pursuant to Health and Safety Code section 121022, subdivision (c); operative 9-7-2007 (Register 2007, No. 35). A Certificate of Compliance must be transmitted to OAL by 1-7-2008 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 8-21-2007 order, including further amendment of first paragraph, transmitted to OAL 12-21-2007 and filed 2-6-2008 (Register 2008, No. 6).