California Health and Safety Code

§ 121060

HSC § 121060 Effective Jan 1, 2011Div. 105 · Part 4 · Ch. 9

Statute text

(a)Any peace officer, firefighter, custodial officer, as that term is defined in subdivision (a) of Section 831 or subdivision (a) of Section 831.5 of the Penal Code, a custody assistant, as that term is defined in subdivision (a) of Section 831.7 of the Penal Code, a nonsworn uniformed employee of a law enforcement agency whose job entails the care or control of inmates in a detention facility, a nonsworn employee of a law enforcement agency whose job description entails the collection of fingerprints, or emergency medical personnel who, while acting within the scope of his or her duties, is exposed to an arrestee’s blood or bodily fluids, as defined in Section 121060.1, shall do the following:

(1)Prior to filing a petition with the court, a licensed health care provider shall notify the arrestee of the bloodborne pathogen exposure and make a good faith effort to obtain the voluntary informed consent of the arrestee or the arrestee’s authorized legal representative to perform a test for human immunodeficiency virus (HIV), hepatitis B, and hepatitis C. The voluntary informed consent shall be in writing. Once consent is given in writing, the arrestee shall provide three specimens of blood for testing as provided in this chapter.

(2)If voluntary informed consent is not given in writing, the affected individual may petition, ex parte, the court for an order requiring testing as provided in this chapter. The petition shall include a written certification by a health care professional that an exposure, including the nature and extent of the exposure, has occurred.

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Legislative history

Amended by Stats. 2010, Ch. 688, Sec. 1. (AB 2635) Effective January 1, 2011. Note: Stats. 1995, Ch. 415, reenacted in this section the provisions from Section 199.97 as added on Nov. 8, 1988, by initiative Prop. 96.