BILL NUMBER: AB 568 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 4, 2005
INTRODUCED BY Assembly Member Garcia
(Coauthors: Assembly Members Benoit ,
Berg , Bogh ,
Daucher , DeVore ,
Emmerson , Haynes ,
Houston , Keene , Maze
, Montanez , Parra
, Plescia , Sharon Runner
, Spitzer , Tran ,
Villines , and Wyland
)
(Coauthor: Senator Ducheny )
FEBRUARY 16, 2005
An act to add Section 121022 to the Health and Safety Code,
relating to HIV.
LEGISLATIVE COUNSEL'S DIGEST
AB 568, as amended, Garcia. Rapid HIV tests.
Existing law requires a licensed physician and surgeon or
other person engaged in the prenatal care of a pregnant woman or
attending the woman at the time of delivery to obtain or cause to be
obtained a blood specimen of the woman and to submit that blood
specimen to a laboratory for an HIV test. Prior to obtaining a blood
specimen, existing law re quires the physician and surgeon
or other person engaged in the prenatal care of a pregnant woman or
attending the woman at the time of delivery to ensure that the woman
is informed that she has a right to accept or refuse the testing.
Existing law requires the acceptance of testing for HIV to be
documented in writing and signed by the patient.
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.
At the time of a woman's annual gynecological examination, this
bill would require the physician and surgeon or other person
performing the annual gynecological examination to offer to test the
woman for the presence of HIV through a blood specimen or a rapid HIV
test. The bill would require the acceptance of testing for HIV to be
documented in writing and signed by the patient. The bill would
prescribe procedures for the conduct of the HIV test. After the
results of the HIV test been received, the bill would require the
physician and surgeon or other person attending the woman at the time
the results are received to ensure that the woman receives
information and counseling, as appropriate, to explain the results
and the implications for the woman's health, including any followup
care that is indicated.
This bill would require a positive test result to be reported to
the local health officer as a reportable disease or condition. To the
extent this bill would expand the duties of local health officers,
it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
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.
SECTION 1. Section 121022 is added to the Health and Safety Code,
to read:
121022. (a) At the time of a woman's annual gynecological
examination, the physician and surgeon or other person performing the
annual gynecological examination shall offer to test the woman for
the presence of the human immunodeficiency virus (HIV) through a
blood specimen or a rapid HIV test as authorized pursuant to Section
120917.
(b) The physician and surgeon or other person performing the
annual gynecological examination shall ensure that the woman is
informed of the routine nature of the blood test, the purpose of the
testing, the risks and benefits of the test, the risk of transmission
of HIV, that approved treatments are known to decrease the risk of
transmission of HIV, and that the woman has a right to accept or
refuse this testing. The acceptance of testing for HIV shall be
documented in writing on the form developed by the department and the
Office of AIDS pursuant to Section 125092, or on a form that is
substantially equivalent in content, and signed by the patient. A
copy of this form shall be maintained in the medical record.
(c) (1) If the woman chooses to be tested for HIV through a blood
test, the physician and surgeon or other person performing the annual
gynecological examination shall obtain a blood specimen from the
woman and submit it to a clinical laboratory licensed by the
department or to an approved public health laboratory for a test to
determine the presence of HIV, and the results shall be reported to
both of the following:
(A) A physician and surgeon or other person performing an annual
gynecological examination who ordered the test, and who shall
subsequently inform the woman tested.
(B) A positive test result shall be reported to the local health
officer, with the information required and within the timeframes
established by the department, pursuant to Chapter 4 (commencing with
Section 2500) of Title 17 of the California Code of Regulations.
(2) If the woman chooses to be tested for HIV through a rapid HIV
test, the test shall be conducted only as authorized pursuant to
Section 120917.
(d) After the results of the HIV test been received, the physician
and surgeon or other person attending the woman at the time the
results are received shall ensure that the woman receives information
and counseling, as appropriate, to explain the results and the
implications for the woman's health, including any followup care that
is indicated. If the woman tests positive for HIV antibodies, she
shall also receive, whenever possible, a referral to a provider,
provider group, or institution specializing in care for HIV positive
women. Health care providers are also strongly encouraged to seek
consultation with other providers specializing in the care of HIV
positive women.
(e) HIV information and counseling provided pursuant to
subdivision (d) shall include, but shall not be limited to, all of
the following:
(1) A description of the modes of HIV transmission.
(2) A discussion of risk reduction behavior modifications
including methods to reduce the risk of transmission.
(3) If appropriate, referral information to other HIV prevention
and psychosocial services including anonymous and confidential test
sites approved by the Office of AIDS.
(f) Nothing in this section shall be construed to require
mandatory testing. Any documentation or disclosure of HIV related
information shall be made in accordance with Chapter 7 (commencing
with Section 120975) of Part 4 of Division 105 regarding
confidentiality and informed consent.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.