1. (a) Except as specifically authorized by section 7143, the results of any HIV test performed shall not be redisclosed to any third party without the written consent of the individual for each disclosure.
2. (b) Except as specifically authorized by these regulations, no person or entity who receives information from the Department shall redisclose such information or any portion thereof to any other person or entity without the informed written consent of the person to whom the information pertains. Nothing in this part shall prohibit the individual from disclosing any information which is received from his or her case record.

3. (c) Whenever the Department makes a disclosure to any person or entity other than the individual, or their authorized representative, the disclosure shall be accompanied by a written statement as follows:

   NOTICE

   THIS IS PERSONAL INFORMATION FROM THE RECORDS OF THE CALIFORNIA DEPARTMENT OF REHABILITATION. STATE AND FEDERAL LAW AND DEPARTMENTAL REGULATIONS PROHIBIT YOU FROM MAKING ANY FURTHER DISCLOSURE OF THIS INFORMATION WITHOUT THE INFORMED WRITTEN CONSENT OF THE PERSON TO WHOM THIS INFORMATION PERTAINS.

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 34 CFR Section 361.38; and Sections 121022 and 121025, Health and Safety Code.

History

1. Renumbering of section 7285 to section 7142.5 filed 6-21-90; operative 7-21-90 (Register 90, No. 35).

2. New subsection (a) and relettering of former subsections (a) and (b) to subsections (b) and (c) filed 5-2-91; operative 6-1-91 (Register 91, No. 25).

3. Change without regulatory effect amending subsections (b) and (c) and amending Note filed 5-12-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 20).

4. Amendment filed 2-17-2023; operative 2-17-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 7).