120500-120605

HEALTH AND SAFETY CODE
SECTION 120500-120605




120500.  As used in the Communicable Disease Prevention and Control
Act (Section 27) "venereal diseases" means syphilis, gonorrhea,
chancroid, lymphopathia venereum, granuloma inguinale, and chlamydia.



120505.  The department shall develop and review plans and provide
leadership and consultation for, and participate in, a program for
the prevention and control of venereal disease.



120510.  The department shall cooperate in the prevention, control,
and cure of venereal diseases with physicians and surgeons; medical
schools; public and private hospitals, dispensaries, and clinics;
public and private school, college and university authorities; penal
and charitable institutions; reform and industrial schools; detention
homes; federal, state, local and district health officers, and
boards of health, and all other health authorities; institutions
caring for the mentally ill; and with any other persons,
institutions, or agencies.


120515.  The department shall investigate conditions affecting the
prevention and control of venereal diseases and approved procedures
for prevention and control, and shall disseminate educational
information relative thereto.


120520.  The department shall conduct educational and publicity work
as it may deem necessary; and, from time to time, shall cause to be
issued, free of charge, copies of regulations, pamphlets, and other
literature as it deems reasonably necessary.



120525.  The department may establish, maintain, and subsidize
clinics, dispensaries, and prophylactic stations for the diagnosis,
treatment, and prevention of venereal diseases, and may provide
medical, advisory, financial, or other assistance to the clinics,
dispensaries, and stations as may be approved by it. No clinic,
dispensary, or prophylactic station shall be approved unless it meets
the requirements of the board and complies with its regulations.



120530.  The department may furnish treatment for a case or for a
group of cases in rural counties or cities upon the recommendation of
the local health officer if adequate facilities for the treatment
are not available in the county or city.



120535.  Any state agency conducting a public hospital shall admit
acute venereal disease cases, when, in the opinion of the department
or the local health officer having jurisdiction, persons infected
with venereal disease may be a menace to public health.



120540.  The department may require any physician in attendance on a
person infected or suspected of being infected with a venereal
disease infection to submit specimens as may be designated for
examination, when in its opinion the procedure is reasonably
necessary to carry out the provisions and purposes of this chapter.




120545.  The examination may be made in the state laboratory or in a
local public health laboratory designated by the department or in a
clinical laboratory that is under the immediate supervision and
direction of a clinical laboratory technologist or a licensed
physician and surgeon.



120550.  Nothing in this chapter limits any person's freedom to have
additional examinations made elsewhere than specified in this
chapter.


120555.  Every diseased person shall give all information required
by this chapter, including the name and address of any person from
whom the disease may have been contracted and to whom the disease may
have been transmitted.


120560.  Every diseased person shall from time to time submit to
approved examinations to determine the condition of the disease.



120565.  If any person subject to proper venereal disease control
measures discontinues any control procedure required by this chapter,
the agency administering the procedure prior to the discontinuance
shall make reasonable efforts to determine whether the person is
continuing to comply with the procedure elsewhere.



120570.  If it appears reasonably likely that the person is not
complying with the procedure elsewhere, the agency that was
administering the procedure prior to the discontinuance shall make
all reasonable efforts to induce the person to comply; and if it
thereafter appears reasonably likely that he or she has failed to
comply, shall report his or her name and address to the local health
officer or board of health, or to the department where there is no
local health officer or board.



120575.  It is the duty of the local health officers to use every
available means to ascertain the existence of cases of infectious
venereal diseases within their respective jurisdictions, to
investigate all cases that are not, or probably are not, subject to
proper control measures approved by the board, to ascertain so far as
possible all sources of infection, and to take all measures
reasonably necessary to prevent the transmission of infection.



120580.  Notwithstanding any other provision of law, a person
employed by a public health department may perform venipuncture or
skin puncture for the purpose of withdrawing blood for test purposes,
upon specific authorization from a licensed physician and surgeon,
even though he or she is not otherwise licensed to withdraw blood;
provided that the person meets all of the following requirements:
   (1) He or she works under the direction of a licensed physician
and surgeon.
   (2) He or she has been trained by a licensed physician and surgeon
or by a licensed clinical laboratory scientist or bioanalyst in the
proper procedures to be employed when withdrawing blood, in
accordance with training requirements established by the department,
and has a statement signed by the instructing physician and surgeon
that the training has been successfully completed.
   (b) Any person employed by a public health department to perform
venipuncture or skin puncture shall hold a valid and current
certification after the effective date of the regulations adopted
pursuant to Section 1246 of the Business and Professions Code.




120582.  (a) Notwithstanding any other provision of law, a physician
and surgeon who diagnoses a sexually transmitted chlamydia,
gonorrhea, or other sexually transmitted infection, as determined by
the department, in an individual patient may prescribe, dispense,
furnish, or otherwise provide prescription antibiotic drugs to that
patient's sexual partner or partners without examination of that
patient's partner or partners. The department may adopt regulations
to implement this section.
   (b) Notwithstanding any other provision of law, a nurse
practitioner pursuant to Section 2836.1 of the Business and
Professions Code, a certified nurse-midwife pursuant to Section
2746.51 of the Business and Professions Code, and a physician
assistant pursuant to Section 3502.1 of the Business and Professions
Code may dispense, furnish, or otherwise provide prescription
antibiotic drugs to the sexual partner or partners of a patient with
a diagnosed sexually transmitted chlamydia, gonorrhea, or other
sexually transmitted infection, as determined by the department,
without examination of the patient's sexual partner or partners.




120585.  Local health officers may inspect and quarantine any place
or person when the procedure is necessary to enforce the regulations
of the board or the department.



120590.  It is the duty of the district attorney of the county where
a violation of this chapter may occur to prosecute the person
accused of the violation.


120595.  In any prosecution for a violation of any provision of this
chapter, or any rule or regulation of the board made pursuant to
this chapter, or in any quarantine proceeding authorized by this
chapter, or in any habeas corpus or other proceeding in which the
legality of the quarantine is questioned, any physician, health
officer, spouse, or other person shall be competent and may be
required to testify against any person against whom the prosecution
or other proceeding was instituted, and the privileges provided by
Sections 970, 971, 980, 994, and 1014 of the Evidence Code are not
applicable to or in any such prosecution or proceeding.




120600.  Any person who refuses to give any information to make any
report, to comply with any proper control measure or examination, or
to perform any other duty or act required by this chapter, or who
violates any provision of this chapter or any rule or regulation of
the state board issued pursuant to this chapter, or who exposes any
person to or infects any person with any venereal disease; or any
person infected with a venereal disease in an infectious state who
knows of the condition and who marries or has sexual intercourse, is
guilty of a misdemeanor.



120605.  Nothing in this chapter shall be construed to interfere
with the freedom of any adherent of teachings of any well-recognized
religious sect, denomination, or organization to depend exclusively
upon prayer for healing in accordance with the teachings of the
religious sect, denomination, or organization. Any such person, along
with any person treating him or her, shall be exempt from all
provisions of this chapter regarding venereal diseases, except that
the provisions of this code and the regulations of the board
regarding compulsory reporting of communicable diseases and the
quarantine of those diseases, and regarding callings that a person
with venereal disease may not engage, shall apply.