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Jeffrey H. v. IMAI12/8/2000
rse of medical diagnosis or treatment. This legislative intent is apparent in the definition of "written authorization" as applying "only to the disclosure of test results by a person responsible for the care and treatment of the person subject to the test." (Health & Saf. Code, § 120980, subd. (g).) And it is implicit in the reference to "medical record of the patient" in subdivision (l) and to "any record" in the definition of the term "disclosed" in subdivision (k).
A broader interpretation would "give the statute an extraordinarily long reach, affecting the transmittal of information about AIDS victims in a wide variety of social contexts" among persons with no formal responsibility for custody of the medical information. (Urbaniak v. Newton, supra, 226 Cal.App.3d at pp. 1142-1143.) The scheme of sanctions for violation of the statute, in particular the civil penalties and criminal punishment, do not appear to contemplate such a "sweeping scope" of the statute, but rather are suited for regulation of health care providers.
As we noted in Urbaniak, " ur interpretation is favored by the legislative history. For example, the emergency provision of the statute explains that it was intended `to protect the confidentiality of persons undergoing a blood test for' AIDS and therefore `to encourage individuals who are stricken with the disease to undergo treatment . . . .' (Stats. 1985, ch. 22, § 4, p. 83.) This legislative purpose will be served only to the extent that the statute is applied to persons and institutions that conduct tests for AIDS, assume responsibility for custody or distribution of test results, or use test results in connection with treatment of affected persons." (Urbaniak v. Newton, supra, 226 Cal.App.3d at p. 1143.)
DISPOSITION
The judgment is reversed as to the invasion of privacy cause of action and otherwise affirmed. The parties shall bear their own costs on appeal.
We concur:
Strankman, P.J.
Marchiano, J.
Trial Court San Francisco County Superior Court
Trial Judge Honorable Ronald E. Quidachay
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