BILL NUMBER: AB 568	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Garcia

                        FEBRUARY 16, 2005

   An act relating to HIV.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 568, as introduced, Garcia.   Rapid HIV tests.
   Existing law authorizes the State Department of Health Services,
through its Office of AIDS and the authorized agents of the office,
to participate in a rapid human immunodeficiency virus (HIV) test
research program conducted with the federal Centers for Disease
Control and Prevention, involving innovative HIV testing and
counseling programs. Under the rapid HIV test research program,
existing law authorizes the department to perform and report clinical
test results using a rapid HIV test for diagnosis, prior to test
approval by the federal Food and Drug Administration (FDA).  However,
existing law requires test performance and reporting to be done only
to the extent allowed under that device's investigational approval
by the FDA and pursuant to a California Health and Human Services
Agency Institutional Review Board-approved research protocol.
   This bill would declare the Legislature's intent to enact
legislation to allow FDA approved rapid HIV testing methods to be
offered to women at annual obstetrics-gynecology appointments and at
first prenatal appointments.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the Legislature's intent to enact legislation in
subsequent amendments to allow rapid human immunodeficiency virus
testing methods approved by the federal Food and Drug Administration
to be offered to women at annual obstetrics-gynecology appointments
and at first prenatal appointments.