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DIVISION 2. LICENSING PROVISIONS 1200-1796.70›CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics 1600-1630›ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives 1602.5-1608

§ 1603.4

California Health and Safety Code · 2020-11 edition · updated 2026-10-04 · California

(a) Notwithstanding Chapter 7 (commencing with Section 120975) of Part 4 of Division 105, or any other provision of law, no public entity or any private blood bank or plasma center shall be liable for an inadvertent, accidental, or otherwise unintentional disclosure of the results of an HIV test.

As used in this section, “public entity” includes, but is not limited to, any publicly owned or operated blood bank or plasma center, local health officer, and the department.

(b) Neither the department nor any blood bank or plasma center, including a blood bank or plasma center owned or operated by a public entity, or local health officer shall be held liable for any damage resulting from the notification of test results, as set forth in paragraph (2) of subdivision (a) of, or in subdivision (c) of, Section 1603.3.

(Amended by Stats. 2003, Ch. 419, Sec. 4. Effective January 1, 2004.)

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