Section 121020.

(a)  (1)  When the subject of an HIV test is not competent to give consent for the test to be performed, written consent for the test may be obtained from the subject's parents, guardians, conservators, or other person lawfully authorized to make health care decisions for the subject. For purposes of this paragraph, a minor shall be deemed not competent to give consent if he or she is under 12 years of age.

(2)  Notwithstanding paragraph (1), when the subject of the test is a minor adjudged to be a dependent child of the court pursuant to Section 360 of the Welfare and Institutions Code, written consent for the test to be performed may be obtained from the court pursuant to its authority under Section 362 or 369 of the Welfare and Institutions Code.

(b)  Written consent shall only be obtained for the subject pursuant to subdivision (a) when necessary to render appropriate care or to practice preventative measures.

(c)  The person authorized to consent to the test pursuant to subdivision (a) shall be permitted to do any of the following:

(1)  Notwithstanding Sections 120975 and 120980, receive the results of the test on behalf of the subject without written authorization.

(2)  Disclose the test results on behalf of the subject in accordance with Sections 120975 and 120980.

(3)  Provide written authorization for the disclosure of the test results on behalf of the subject in accordance with Sections 120975 and 120980.

(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)