Agency Responsible: California Department of Public Health
Identify the state agency and subunit (such as a bureau or office) responsible for oversight of the rules: California’s Health and Safety Codes are supervised by the Board of Supervisors and a county officer for effective oversight
Incentives and Enforcement: California has in place a code of regulations in which non-compliance issues are addressed along with plan of action if quarantine is necessary in order to preserve the public health with regards to venereal diseases.
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Write My Essay For MeWhat carrot (incentives) and sticks (enforcements and punishments) are noted in the regulations? Is there training for personnel? Technical Assistance?
If an individual fails to comply with any STD control measures and procedures, then the agency that is implementing a certain procedure before the patient discontinues to follow protocol is charged with the responsibility to take any and all reasonable effort to force the individual to oblige. If the individual in question still fails to comply, then the administering agency is required to report the individual’s name as well as their address to the local board of health or the county officer (referred to as the LHO, the local health officer). Code HSC 120590 states how violations of the STD protocols will be prosecuted. The district attorney at the county level has the obligation to prosecute the individual in question. In extreme cases, the local health department retains the power to establish quarantine or isolation procedures. The department needs to establish a maintain locales for isolation or quarantine. It must be noted that department consent of the public health department is necessary for establishing quarantine. LHOs are trained to deal with hostile patients refusing to comply with STD protocols because of the stigmatization of such instances. Willful exposure of a sexually transmitted disease to others who are not infected can be adjudicated as a misdemeanor per Section 120291.
Key Aspect of the Regulation #1:
How does this section of the regulation impact payers/insurers/health plans, health care professionals, health provider organizations, or health product developers?
According to HSC 120510, the health department must collaborate with other institutions, agencies, key stakeholders, and institutions in order to adequately and efficiently create a system of STD prevention, control, and cure. Key stakeholders include various physicians; private and public hospitals; medical schools; clinics and dispensaries; private and public educational institutions; health officers at the local, community, and federal level; and community members at large. This regulation calls for everyone to involve themselves in abating rates of STDs spreading and posing health threats to the community.
Key Aspect of the Regulation #2:
HSC 121025 mandates that all public health records related to HIV and AIDS must be kept confidential and cannot be disclosed except if it is imperative for the purposes of public health as stipulated by law. Any illegal disclosure of a patient’s HIV results in steep fines and imprisonment. HIV/AIDs continues to be stigmatized in the United States today. Privacy within the medical healthcare system that has become digitized is necessary. Healthcare professionals are most impacted by this regulation, and they are legally obligated to uphold patient privacy. Patients also have a stake in this in that the promise of privacy often serves as an impetus for a patient who suspects that they are HIV-positive to get tested without fear of stigma or other adverse ramifications.
Key Aspect of the Regulation #3:
Family Code 6925 states that minors retain the right to consent to an abortion procedure without parental consent. As such, minors can never be sterilized without parental consent, nor are they able to receive an abortion without parental consent unless they fall into the acceptable categories as outlined in Section 123450. This regulation is important because it will mean safer abortions for minors who would pursue other less safe options if this regulation was not in place.
Key Aspect of the Regulation #4:
HSC 1644.5 stipulates that all blood donors must be tested and screened for various infectious diseases and other public health hazards in order to protect the general public from STIs and other venereal disease. This regulation is important so that organ donation, transplants, and other tissue donations do not confront any problems because of the presence of a venereal disease or related health issues.
Key Aspect of the Regulation #5:
Willful exposure of STDs to others is classified as a misdemeanor per HSC 120290 as a major aspect of the non-compliance regulations with regards to STD control and regulation measures. Healthcare professionals must be vigilant regarding their patients’ lab work and ensuring that they get tested regularly if they are sexually active. If exposure to an STD is expected, then professionals must address the infection immediately. Educating patients regarding the dangers of exposing others to infectious and/or communicable diseases is key so that patients fully comprehend the threat to public health they pose. Otherwise, they can be subject to legal action.
References
Ahmed, A. & Hull, B. (2011). Sex and HIV disclosure. American Bar Association, 38(2). Retrieved September 29, 2015 from http://www.americanbar.org/publications/human_rights_magazine_home/human_rights_vol38_2011/human_rights_spring2011/sex_and_hiv_disclosure.html
California Department of Public Health. (2012). Summary of regulations related to STD prevention and control efforts in California. CDPH. Retrieved September 29, 2015 from https://www.cdph.ca.gov/programs/std/Documents/CDPH-STD-Regulations-Digest.pdf
California Department of Public Health. (2015). HIV/AIDS reporting laws and regulations. CDPH. Retrieved September 29, 2015 from https://www.cdph.ca.gov/programs/aids/Pages/OAHIVReportingLaws.aspx
County of Los Angeles Public Health. (2015). Division of STD and HIV programs. LA County Department of Health. Retrieved September 29, 2015 from http://publichealth.lacounty.gov/dhsp/
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