The public health authority may, for such period as the state of public health emergency exists, collect specimens and perform tests on living persons as provided in §19602, and also upon deceased persons and any animal (living or deceased), and acquire any previously collected specimens or test results that are reasonable and necessary to respond to the public health emergency.

(a) Marking. All specimens shall be clearly marked.

(b) Contamination. Specimen collection, handling, storage and transport to the testing site shall be performed in a manner that will reasonably preclude specimen contamination or adulteration, and provide for the safe collection, storage, handling and transport of such specimen.

(c) Chain of Custody. Any person authorized to collect specimens or perform tests shall use chain of custody procedures to ensure proper record keeping, handling, labeling and identification of specimens to be tested. This requirement applies to all specimens, including specimens collected using on-site testing kits.(d) Criminal Investigation. Recognizing that, during a state of public health emergency, any specimen collected or test performed may be evidence in a criminal investigation, any business, facility or agency authorized to collect specimens or perform tests shall provide such support as is reasonable and necessary to aid in a relevant criminal investigation.

§ 19607. Access to and Disclosure of Protected Health
Information.

(a) Access. Access to protected health information of persons who have participated in medical testing, treatment, vaccination, isolation, or quarantine programs or efforts by the public health authority during a public health emergency shall be limited to those persons having a legitimate need to acquire or use the information to:

(1) provide treatment to the individual who is the subject of the health information;

(2) conduct epidemiologic research; or

(3) investigate the causes of transmission.

(b) Disclosure. Protected health information held by the public health authority shall not be disclosed to others without individual written, specific informed consent, except for disclosures made:

(1) directly to the individual;

(2) to the individual=s immediate family members or personal representative;

(3) to appropriate Federal agencies or authorities pursuant to Federal law;

(4) pursuant to a court order to avert a clear danger to an individual or to the public health; or

(5) to identify a deceased individual or determine the manner or cause of death.