office of aids

HIV Laws: HIV Prevention

Disclaimer: The information provided on this website is for informational purposes only and does not constitute legal advice. Fact sheets and Letters were developed based on the current law at the time, so please be advised of changes to law and verify relevance of resources before relying on older materials.

HIV Prevention Branch Webpage

HIV Pre-Exposure Prophylaxis (PrEP) and Post-Exposure Prophylaxis (PEP)

Statutory Authority for Prevention Medications (HSC Sections 120972–120972.2)
Pharmacy Regulations for Independent HIV PrEP and PEP Furnishing (16 CCR Section 1747)
SB 339 (2023) HIV: Pre-Exposure Prophylaxis and Post-Exposure Prophylaxis | Regarding pharmacist authority to furnish HIV PrEP and PEP without a physician prescription.
SB 159 (2019) HIV: Pre-Exposure and Post-Exposure Prophylaxis | Authorizes a pharmacist to furnish HIV PrEP and PEP to clients without a physician prescription, under certain requirements. See also SB 339 (2023) for later changes.

Demonstration Projects

PrEP and PEP Navigator Services Authority (HSC Sections 121348–121348.4)
Rapid ART Demonstration Projects Authority (HSC Sections 121287–121289)
Project Empowerment Demonstration Projects Authority (HSC Section 120780.5)
AB 80 (2020) Public Health Omnibus | Repeals HSC Section 120780.6 to remove the conditional suspension of the Project Empowerment demonstration project funds.
SB 78 (2019) Health Budget Trailer Bill | Establishes funding for the Project Empowerment demonstration project (HSC Section 120780.5), but includes a conditional suspension of funds (HSC Section 120780.6). See also AB 80 (2020) for later changes.
SB 75 (2015) Health Budget Trailer Bill | Adds HSC Section 121348.4 to establish the Pre-Exposure Prophylaxis (PrEP) Navigator Services Program.
SB 870 (2014) Health Budget Trailer Bill | Adds Chapter 13.6 Public Health Demonstration Projects to Part 4 of Division 105 of Health and Safety Code. Establishes funding for Rapid ART demonstration projects.

Partner Services

Partner Services Reference (HSC Section 121015)
Letter: Partner Services Using HIV Surveillance Data (Jan 2025) (PDF)
SB 422 (2011) Reporting of Certain Communicable Diseases | Permits physicians to notify local health department Partner Services (PS) staff of an HIV-positive patient and with the patient's written consent provides patient contact information for follow up.

HIV Testing

HIV Testing Authority (HSC Sections 120975–121023)
Anonymous HIV Testing Authority (HSC Sections 120875–120895)
Testing Results Disclosures (HSC Section 123148)
Pregnant Persons HIV Testing Authority (HSC Sections 125085–125107)
Rapid HIV Testing and HIV Counselors Authority (HSC Section 120917) (Training programs authorized under HSC Section 120871)
Regulations for HIV Screening Testing by Laboratories (17 CCR Section 1230)
Regulations on Over the Counter HIV Tests (17 CCR Section 1053.5)
SB 1419 (2022) Health Information | Removes the restrictions on sharing HIV test results with patients electronically.
SB 306 (2021) Sexually Transmitted Disease: Testing | Fact Sheet: HIV, HCV, and STI Test Counselor Training (PDF) | Allows HIV test counselors to perform rapid STD tests waived under the Clinical Laboratory Improvement Amendments (CLIA) of 1998, including hepatitis C virus (HCV) and STD tests.
AB 2640 (2016) Public Health: HIV | Fact Sheet: HIV Testing Requirements (2018) (PDF)
AB 2439 (2016) HIV Testing | Creates a pilot project to assess and make recommendations regarding the effectiveness of the routine offering of an HIV test in the emergency department of a hospital.
SB 249 (2013) Public Health: Health Records: Confidentiality | Regarding LHO access to reports of HIV infection that are electronically submitted by laboratories.
AB 506 (2013) HIV Testing: Infants | Authorizes a social worker to provide consent for an HIV test to be performed on an infant who is less than 12 months of age, under certain circumstances, and the attending physician and surgeon determines that HIV testing is necessary.
AB 446 (2013) HIV Testing

AB 2253 (2012) Clinical Laboratory Test Results: Electronic Conveyance | Regarding electronic disclosure of HIV test results. See also SB 1419 (2022).
AB 1382 (2011) HIV Counselors

SB 853 (2010) Health Budget Trailer Bill | Fact Sheet: Rapid HIV Testing and Counselor Requirements (2010) (PDF) | Amends HSC Section 120917 to allow HIV testing sites to provide rapid HIV testing with HIV counselors trainings by CDPH OA, regardless of funding source.
AB 221 (2009) HIV Testing: Skin Punctures | Regarding exemptions for certain HIV test counselors' requirement to be certified as a phlebotomist technician.
AB 1894 (2008) Health Care Coverage: HIV Testing | Requires health care service plans and health insurers, on or after January 1, 2009, to provide HIV testing, regardless of whether the testing is related to a primary diagnosis.
AB 2899 (2008) Sexually Transmitted Diseases: HIV and AIDS: Counseling | Regarding permissions of publicly funded HIV test sites.
AB 682 (2007) HIV/AIDS Testing

Education

California Healthy Youth Act (EDC Sections 51930–51939)
Required Comprehensive Sexual Health Education and HIV Prevention Education (EDC Sections 51933–51934
AB 2053 (2024) Pupil Instruction: Abusive Relationships | Requires statutorily mandated comprehensive sexual health education and HIV prevention educations to also include information about resources available to pupils related to adolescent relationship abuse and intimate partner violence.
SB 996 (2024) Comprehensive Sexual Health Education and Human Immunodeficiency Virus (HIV) Prevention Education | Regarding requirements for availability of instructional materials used in comprehensive sexual health education or HIV prevention education.
AB 329 (2015) Pupil Instruction: Sexual Health Education | Integrates the instruction of comprehensive sexual health education and HIV prevention education.