BILL NUMBER: SB 1184	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2008

INTRODUCED BY   Senator Kuehl
    (   Coauthors:   Assembly Members 
 Berg,   Jones,   Laird,   and
Portantino   ) 

                        FEBRUARY 12, 2008

   An act to add Section 121023 to the Health and Safety Code,
relating to infectious disease reporting, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1184, as amended, Kuehl. Infectious disease reporting.
   Existing law requires health care providers and laboratories to
report cases of HIV infection to local public health officers using
patient names. Local health officers are required to report
unduplicated HIV cases by name to the State Department of Public
Health.
   This bill would require each clinical laboratory to report all CD4
count test results, as defined, to the local health officer within 7
days of the completion of the CD4 count test. If a CD4 count test
result is related to a case of HIV infection, the local health
officer would be required to report the case of HIV infection or AIDS
to the department within 45 days of receipt of the report. By
increasing the duties of local officials, this bill would create 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.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 121023 is added to the Health and Safety Code,
to read:
   121023.  (a) Each clinical laboratory, as defined in Section 1206
of the Business and Professions Code, shall report all CD4 count test
results to the local health officer within seven days of the
completion of the CD4 count test.
   (b) The clinical laboratory report with CD4 count test results
shall also include,  but is not limited to   if
provided by the ordering health care provider  , all of the
following:
   (1) The patient's name.
   (2) The patient's date of birth.
   (3) The patient's gender.
   (4) Laboratory test result, including units. This shall be
expressed as an absolute count, as expressed by the number of
lymphocytes containing the CD4 epitope per cubic millimeter, or as a
relative count, the number of lymphocytes containing the CD4 epitope
expressed as a percentage of total lymphocytes.
   (5) The type of laboratory test performed.
   (6) The date the laboratory test was performed.
   (7) The name, telephone number, and address of the clinical
laboratory that performed the test.
   (8) The name, telephone number, and address of the health care
provider that ordered the test.
   (c) (1) Each local health officer shall inspect clinical
laboratory CD4 count test reports to determine if the test is related
to a case of HIV infection.
   (2) If the clinical laboratory CD4 count test result is related to
a case of HIV infection, the local health officer shall report the
case of HIV infection or AIDS, as appropriate, to the State
Department of Public Health within 45 days of receipt of the
laboratory report.
   (3) If the clinical laboratory CD4 count test result is not
related to a case of HIV infection, the local health officer shall
destroy the laboratory CD4 count test report.
   (d) Pursuant to Section 121025, CD4 count test reports shall not
be disclosed, discoverable, or compelled to be produced in any civil,
criminal, administrative, or other proceeding.
   (e) CD4 count test reports shall be considered confidential public
health records as defined in Section 121035.
   (f) For the purposes of this section, "CD4 count test" means any
test used to measure the number of lymphocytes containing the CD4
epitope.
  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.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to make the necessary programmatic, regulatory, and
statutory changes to implement an HIV reporting system that produces
data that will be accepted by the federal Centers for Disease Control
and Prevention and to ensure that California remains competitive for
funding allocations under the federal Ryan White Comprehensive AIDS
Resources Emergency Act (CARE) of 1990 (Public Law 101-381), as
amended October 20, 2000, (Public Law 106-345) at the earliest
possible time, it is necessary that this act take effect immediately.