California Code of Regulations
Title 22 - Social Security
Division 2 - Department of Social Services-Department of Health Services
Part 2 - Health and Welfare Agency-Department of Health Services Regulations
Subdivision 6 - Preventive Medical Services
Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities
Article 3 - APPEALS PROCESS
Appendix - Appendix

State of California-Health and Welfare Agency

Department of Health Services

HUMAN IMMUNODEFICIENCY VIRUS TESTING IN CORRECTIONAL FACILITIES NOTICE OF RIGHT TO APPEAL

The information provided on this notice is pursuant to Title 8 (commencing with Section 7500) of Part 3 of the Penal Code and provided by the Department of Health Services.

The Chief Medical Officer has made a decision regarding a request for HIV testing which impacts you. This decision was made subsequent to the filing of a report pursuant to Penal Code Section 7510 or a request made pursuant to Penal Code Section 7512. That decision is attached.

If you disagree with this decision, you have the right to appeal this decision within three calendar days of receipt of the decision. You must submit your request for appeal on the "Report of Request for Appeal for HIV Testing", DHS 8457, which is attached. If you are a minor, your parent or guardian may request an appeal on your behalf.

A three-member panel established pursuant to Penal Code Section 7515 will hold a hearing to decide whether the Chief Medical Officer's decision was correct. You have a right to be represented at the hearing, and to call witnesses to testify.

If no request for an appeal is filed, the Chief Medical Officer's decision is final.

In the case where a chief medical officer orders HIV testing of an inmate because it is determined that clinical symptoms of AIDS or AIDS-related complex are present, the chief medical officer's decision shall not be eligible for appeal to the three-member panel. In such cases, the Chief Medical Officer's decision may be appealed to the Superior Court.

ANY WILLFUL FALSE REPORTING IN CONJUNCTION WITH A REPORT OR A REQUEST FOR TESTING AND/OR ANY WILLFUL USE OR DISCLOSURE OF TEST RESULTS OR CONFIDENTIAL INFORMATION IN VIOLATION OF ANY OF THE PROVISIONS IN TITLE 8 (COMMENCING WITH SECTION 7500) OF PART 3 OF THE PENAL CODE IS A MISDEMEANOR.

OA1913 (10/89)