BILL NUMBER: AB 2056 CHAPTERED 07/21/06 CHAPTER 102 FILED WITH SECRETARY OF STATE JULY 21, 2006 APPROVED BY GOVERNOR JULY 21, 2006 PASSED THE SENATE JUNE 26, 2006 PASSED THE ASSEMBLY APRIL 27, 2006 AMENDED IN ASSEMBLY APRIL 25, 2006 AMENDED IN ASSEMBLY APRIL 6, 2006 INTRODUCED BY Assembly Member Aghazarian FEBRUARY 15, 2006 An act to amend Section 1797.188 of, and to add Section 120260.5 to, the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST AB 2056, Aghazarian Public health: exposure to communicable diseases. Existing law requires prehospital emergency medical care personnel, as defined, who have provided emergency medical or rescue services and have been exposed to a person afflicted with a disease or condition listed as reportable, which can, as determined by the county health officer, be transmitted through oral contact or secretions of the body, including blood, to be notified that they have been exposed to the disease, in accordance with specified procedures. Existing law separately provides that the blood or other potentially infectious material of a person receiving health care services that has been the source of a significant exposure to an individual, including, but not limited to, a health care provider, or first responder, may be tested and the exposed individual may be informed of the communicable disease status of that patient if certain conditions are met. This bill would make technical clarifying amendments to the above provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1797.188 of the Health and Safety Code is amended to read: 1797.188. (a) As used in this section: (1) "Prehospital emergency medical care person or personnel" means any of the following: an authorized registered nurse or mobile intensive care nurse, emergency medical technician-I, emergency medical technician-II, emergency medical technician-paramedic, lifeguard, firefighter, or peace officer, as defined or described by Sections 1797.56, 1797.80, 1797.82, 1797.84, 1797.182, and 1797.183, respectively, or a physician and surgeon who provides prehospital emergency medical care or rescue services. (2) "Reportable disease or condition" or "a disease or condition listed as reportable" means those diseases prescribed by Subchapter 1 (commencing with Section 2500) of Chapter 4 of Title 17 of the California Administrative Code, as may be amended from time to time. (3) "Exposed" means at risk for contracting the disease, as defined by regulations of the state department. (4) "Health facility" means a health facility, as defined in Section 1250, including a publicly operated facility. (b) In addition to the communicable disease testing and notification procedures applicable under Chapter 3.5 (commencing with Section 120260) of Part 1 of Division 105, all prehospital emergency medical care personnel, whether volunteers, partly paid, or fully paid, who have provided emergency medical or rescue services and have been exposed to a person afflicted with a disease or condition listed as reportable, which can, as determined by the county health officer, be transmitted through oral contact or secretions of the body, including blood, shall be notified that they have been exposed to the disease and should contact the county health officer if all the following are satisfied: (1) The prehospital emergency medical care person, who has rendered emergency medical or rescue services and has been exposed to a person afflicted with a reportable disease or condition, provides the health facility with his or her name and telephone number at the time the patient is transferred from that prehospital emergency medical care person to the admitting health facility; or the party transporting the person afflicted with the reportable disease or condition provides that health facility with the name and telephone number of the prehospital emergency medical care person who provided the emergency medical or rescue services. (2) The health facility reports the name and telephone number of the prehospital emergency medical care person to the county health officer upon determining that the person to whom the prehospital emergency medical care person provided the emergency medical or rescue services is diagnosed as being afflicted with a reportable disease or condition. (c) The county health officer shall immediately notify the prehospital emergency medical care person who has provided emergency medical or rescue services and has been exposed to a person afflicted with a disease or condition listed as reportable, which can, as determined by the county health officer, be transmitted through oral contact or secretions of the body, including blood, upon receiving the report from a health facility pursuant to paragraph (1) of subdivision (b). The county health officer shall not disclose the name of the patient or other identifying characteristics to the prehospital emergency medical care person. Nothing in this section shall be construed to authorize the further disclosure of confidential medical information by the health facility or any prehospital emergency medical care personnel described in this section except as otherwise authorized by law. In the event of the demise of the person afflicted with the reportable disease or condition, the health facility or county health officer shall notify the funeral director, charged with removing the decedent from the health facility, of the reportable disease prior to the release of the decedent from the health facility to the funeral director. Notwithstanding Section 1798.206, violation of this section is not a misdemeanor. SEC. 2. Section 120260.5 is added to the Health and Safety Code, to read: 120260.5. The communicable disease testing and notification procedures provided for in this chapter are in addition to the notification to which prehospital emergency medical care persons or personnel are entitled under Section 1797.188.