§ 7142.5. Prohibition Against Redisclosure.

(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 applicant or client for each disclosure.

(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 applicant or client from disclosing any information which is received from his/her case record.

(c) Whenever the Department makes a disclosure to any person or entity other than the applicant or client, the disclosure shall be accompanied by a written statement as follows:

NOTICE

THIS IS CONFIDENTIAL 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.

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).

Note

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 34 CFR Section 361.49 and Sections 199.20 and 199.21, Health and Safety Code.