BILL NUMBER: AB 1045	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2009

INTRODUCED BY   Assembly Member John A. Perez

                        FEBRUARY 27, 2009

   An act to amend Section 121023 of the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1045, as amended, John A. Perez. HIV and AIDS reporting.
   Existing law establishes various programs for the prevention of
disease and the promotion of health to be administered by the State
Department of Public Health, including, but not limited to, programs
related to HIV and AIDS testing and for the reporting of information
relating to HIV or AIDS infection.
   Existing law requires each clinical laboratory, as defined, to
report all CD4+ T-Cell test results to the local health officer
within 7 days. 
   This bill would limit this reporting requirement to CD4+ T-Cell
test results related to a case of HIV infection, but would permit a
clinical laboratory to, instead, elect to report all CD4+ T-Cell test
results, regardless of whether they relate to a case of HIV
infection, in a manner specified by the local health officer. The
bill would limit the local health officer's duty to report to the
state in cases of duplication.  
   This bill would, notwithstanding that requirement, allow a
clinical laboratory to refrain from reporting a CD4+/-_T-Cell test
result if the clinical laboratory can demonstrate that the
CD4+/-_T-Cell test result is not related to a diagnosed case of HIV
infection. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 121023 of the Health and Safety Code is amended
to read:
   121023.  (a)  Each   Subject to subdivision
(b), each  clinical laboratory, as defined in Section 1206 of
the Business and Professions Code, shall report all CD4+ T-Cell test
results  related to a case of HIV infection  to the
local health officer for the local health jurisdiction where the
health care provider facility is located within seven days of the
completion of the CD4+ T-Cell test.  A clinical laboratory
may, instead, elect to report all CD4+ T-Cell test results,
regardless of whether they relate to a case of HIV infection, in a
manner specified by the local health officer.  
   (b) A clinical laboratory shall not be required to report a CD4+
T-Cell test result, as required by this section, if the clinical
laboratory can demonstrate that the CD4+ T-Cell test result is not
related to a diagnosed case of HIV infection.  
   (b) 
    (c)  The clinical laboratory report with CD4+ T-Cell
test results shall also include, 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) The name, telephone number, and address of the local health
care provider that ordered the test. 
   (c) 
    (d)  The clinical laboratory report with CD4+ T-Cell
test results shall also include all of the following information:
   (1) CD4+ T-Cell test results expressed as an absolute count (the
number of lymphocytes containing the CD4 epitope per cubic
millimeter) and, if available, the relative count (the number of
lymphocytes expressing the CD4 epitope as a percentage of total
lymphocytes).
   (2) The type of laboratory test performed.
   (3) The date the laboratory test was performed.
   (4) The name, telephone number, and address of the clinical
laboratory that performed the test.
   (5) The laboratory CLIA number.
   (6) The laboratory report number. 
   (d) 
    (e)  (1) Each local health officer shall inspect each
clinical laboratory CD4+ T-Cell test report to determine if the test
is related to a case of HIV infection.
   (2) If the clinical laboratory CD4+ T-Cell test result is related
to  an unduplicated   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+ T-Cell test result is not
related to a case of HIV infection  , or is related to a
duplicated case of HIV infection  , the local health officer
shall destroy the laboratory CD4+ T-Cell test report. 
   (e) 
    (f)  Pursuant to Section 121025, CD4+ T-Cell test
reports shall not be disclosed, discoverable, or compelled to be
produced in any civil, criminal, administrative, or other proceeding.

   (f) 
    (g)  CD4+ T-Cell test reports shall be considered
confidential public health records as defined in Section 121035.

   (g) 
    (h)  For the purposes of this section, "CD4+ T-Cell test"
means any test used to measure the number of lymphocytes containing
the CD4 epitope.