California Health and Safety Code 1603.4 – (a) Notwithstanding Chapter 7 (commencing with Section 120975) …
(a) Notwithstanding Chapter 7 (commencing with Section 120975) of Part 4 of Division 105, or any other provision of law, no public entity or any private blood bank or plasma center shall be liable for an inadvertent, accidental, or otherwise unintentional disclosure of the results of an HIV test.
As used in this section, “public entity” includes, but is not limited to, any publicly owned or operated blood bank or plasma center, local health officer, and the department.
Terms Used In California Health and Safety Code 1603.4
- department: means State Department of Health Services. See California Health and Safety Code 20
- HIV: as used in this chapter , means human immunodeficiency virus. See California Health and Safety Code 1603.1
- Plasma center: as used in this chapter , means any place where the process of plasmapheresis is conducted, as defined in Section 1025 of Title 17 of the California Code of Regulations and includes a place where leukopheresis or platelet pheresis, or both, is conducted. See California Health and Safety Code 1603.1
(b) Neither the department nor any blood bank or plasma center, including a blood bank or plasma center owned or operated by a public entity, or local health officer shall be held liable for any damage resulting from the notification of test results, as set forth in paragraph (2) of subdivision (a) of, or in subdivision (c) of, Section 1603.3.
(Amended by Stats. 2003, Ch. 419, Sec. 4. Effective January 1, 2004.)