LOS ANGELES COUNTY
DEPARTMENT OF MENTAL HEALTH
  Policy 310.01 HIV/AIDS Legal Responsibilities
 
Policy Category:  Clinical
Distribution Level:  Directly Operated and Contractors
Responsible Party:  Directly Operated Programs
 
Approved by Curley L. Bonds, MD, Chief Medical Officer, on Nov 02, 2022
 
I.  PURPOSE
 
To inform Los Angeles County Department of Mental Health (DMH/Department) workforce regarding legal responsibilities related to Human Immunodeficiency Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS).
 
Contracted agencies shall develop an internal policy and associated procedures that are consistent with their organizational practices and meet the requirements set forth in this policy.
 
II. DEFINITION
 
Clinicians: Employees with one of the following eligible disciplines who provide direction regarding the clinical care of clients in the DMH system:
  • Licensed Psychiatrist/Physician, (MD/DO)
  • Certified Nurse Practitioner (NP), registered Clinical Nurse Specialist (CNS), Registered Nurse (RN)
  • Licensed or waivered Psychologist (PhD/PsyD)
  • Licensed Clinical Pharmacist (PharmD)
  • Licensed Clinical Social Worker (LCSW) or registered Masters in Social Work (Associate Clinical Social Worker - ASW) or out-of-state licensed-ready waivered Masters in Social Work
  • Licensed Marriage and Family Therapist (LMFT) or registered Marriage and Family Therapist (Associate Marriage and Family Therapist) or out-of-state licensed-ready waivered Marriage and Family Therapist
  • Licensed Professional Clinical Counselor (LPCC) or registered Professional Clinical Counselor (PCC)
Authorized Personnel: A physician, clinical pharmacist, registered nurse, or nurse practitioner who submits specimens to a laboratory for HIV testing or obtains the results of an HIV test.
 
III.  POLICY
 
HIV/AIDS information shall remain confidential and disclosures shall only be made to the extent permissible by law.

Authorized personnel shall report HIV infections at any stage to the Los Angeles County Department of Public Health (DPH).

Authorized personnel shall contact DPH to provide partner notification assistance for persons with HIV infection. 
 
IV.  PROCEDURES
 
V.  AUTHORITIES
 
California Code of Regulation Title 17 Section 2500(h) and (k), and 2643.5
California Department of Public Health - Office of AIDS
California Health and Safety Code Sections 120175, 120980120990121015, 121022, and 121025
California HIV Laws
 
VI.  ATTACHMENTS
 
Account Tracking Sheet (MH 613)