BILL NUMBER: AB 2541	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2010
	AMENDED IN ASSEMBLY  APRIL 28, 2010
	AMENDED IN ASSEMBLY  APRIL 13, 2010

INTRODUCED BY   Assembly Members Portantino and Fletcher

                        FEBRUARY 19, 2010

   An act to amend  Section 120130   Sections
120130 and 121022  of the Health and Safety Code, relating to
public health.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2541, as amended, Portantino. Reporting of certain communicable
diseases.
   Existing law establishes various communicable disease prevention
and control programs. Existing law requires the State Department of
Public Health to establish a list of reportable diseases and
conditions and authorizes the department to adopt regulations
requiring isolation or quarantine for any contagious, infectious, or
communicable diseases, if necessary, for the protection of the public
health.
   Existing law requires the local health officer to report the
listed diseases to the department, and requires that, within one year
after the establishment of a state electronic laboratory reporting
system, reports generated by a laboratory be submitted electronically
in a manner specified by the department, except for reports of HIV
infections. Existing law requires health care providers and
laboratories to report cases of HIV infection to the local health
officer using patient names.
   This bill would delete the exemption from electronic reporting for
HIV infections and would make conforming changes.  This bill
would provide that health care providers and laboratories report
cases of HIV infection to the local health officer using patient
names and set guidelines regarding such reports.  To the extent
that this bill would impose additional requirements on a local public
health officer and because this bill changes the definition of a
crime, this bill 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 120130 of the Health and Safety Code is amended
to read:
   120130.  (a) The department shall establish a list of reportable
diseases and conditions. For each reportable disease and condition,
the department shall specify the timeliness requirements related to
the reporting of each disease and condition, and the mechanisms
required for, and the content to be included in, reports made
pursuant to this section. The list of reportable diseases and
conditions may include both communicable and noncommunicable
diseases. The list may include those diseases that are either known
to be, or suspected of being, transmitted by milk or milk-based
products. The list shall also include, but not be limited to,
diphtheria, listeria, salmonella, shigella, streptococcal infection
in food handlers or dairy workers, and typhoid. The list may be
modified at any time by the department, after consultation with the
California Conference of Local Health Officers. Modification of the
list shall be exempt from the administrative regulation and
rulemaking requirements of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, and
shall be implemented without being adopted as a regulation, except
that the revised list shall be filed with the Secretary of State and
printed in the California Code of Regulations as required under
subdivision (d). Those diseases listed as reportable shall be
properly reported as required to the department by the health
officer.
   (b) The department may from time to time adopt and enforce
regulations requiring strict or modified isolation, or quarantine,
for any of the contagious, infectious, or communicable diseases, if
in the opinion of the department the action is necessary for the
protection of the public health.
   (c) The health officer may require strict or modified isolation,
or quarantine, for any case of contagious, infectious, or
communicable disease, when this action is necessary for the
protection of the public health.
   (d) The list established pursuant to subdivision (a) and any
subsequent modifications shall be published in Title 17 of the
California Code of Regulations.
   (e) Notwithstanding any other provision of law, no civil or
criminal penalty, fine, sanction, finding, or denial, suspension, or
revocation of licensure for any person or facility may be imposed
based upon a failure to provide the notification of a reportable
disease or condition that is required under this section, unless the
disease or condition that is required to be reported was printed in
the California Code of Regulations at least six months prior to the
date of the claimed failure to report.
   (f) Commencing July 1, 2009, or within one year of the
establishment of a state electronic laboratory reporting system,
whichever is later, a report generated pursuant to this section, or
Section 121022, by a laboratory shall be submitted electronically in
a manner specified by the department. The department shall allow
laboratories that receive incomplete patient information to report
the name of the provider who submitted the request to the local
health officer.
   (g) The department may  on its   through its
Internet  Web site and via electronic mail advise out-of-state
laboratories that are known to the department to test specimens from
California residents of the new reporting requirements.
   SEC. 2.    Section 121022 of the   Health
and Safety Code   is amended to read: 
   121022.  (a) To ensure knowledge of current trends in the HIV
epidemic and to  assure   ensure  that
California remains competitive for federal HIV and AIDS funding,
health care providers and laboratories shall report cases of HIV
infection to the local health officer using patient names. Local
health officers shall report unduplicated HIV cases by name to the
department. 
   (b) (1) Health care providers and local health officers shall
submit cases of HIV infection pursuant to subdivision (a) by courier
service, United States Postal Service express mail or registered
mail, other traceable mail, person-to-person transfer, facsimile, or
electronically by a secure and confidential electronic reporting
system established by the department.  
   (2) This subdivision shall be implemented using the existing
resources of the department.  
   (b) 
    (c)  The department and local health officers shall
ensure continued reasonable access to anonymous HIV testing through
alternative testing sites, as established by Section 120890, and in
consultation with HIV planning groups and affected stakeholders,
including representatives of persons living with HIV and health
officers. 
   (c) 
    (d) The department shall promulgate emergency
regulations to conform the relevant provisions of Article 3.5
(commencing with Section 2641.5) of Chapter 4 of Title 17 of the
California Code of Regulations, consistent with this chapter, within
one year of the effective date of this section. 
   (d) 
    (e)  Pursuant to Section 121025, reported cases of HIV
infection shall not be disclosed, discoverable, or compelled to be
produced in any civil, criminal, administrative, or other proceeding.

   (e) 
    (f)  State and local health department employees and
contractors shall be required to sign confidentiality agreements
developed by the department that include information related to the
penalties for a breach of confidentiality  ,  and
the procedures for reporting a breach of confidentiality, prior to
accessing confidential HIV-related public health records. Those
agreements shall be reviewed annually by either the department or the
appropriate local health department. 
   (f) 
    (g)  No person shall disclose identifying information
reported pursuant to subdivision (a) to the federal government,
including, but not limited to, any agency, employee, agent,
contractor, or anyone else acting on behalf of the federal
government, except as permitted under subdivision (b) of Section
121025. 
   (g) 
    (h)  (1) Any potential or actual breach of
confidentiality of HIV-related public health records shall be
investigated by the local health officer, in coordination with the
department, when appropriate. The local health officer shall
immediately report any evidence of an actual breach of
confidentiality of HIV-related public health records at a city or
county level to the department and the appropriate law enforcement
agency.
   (2) The department shall investigate any potential or actual
breach of confidentiality of HIV-related public health records at the
state level, and shall report any evidence of such a breach of
confidentiality to an appropriate law enforcement agency. 
   (h) 
    (i)  Any willful, negligent, or malicious disclosure of
cases of HIV infection reported pursuant to subdivision (a) shall be
subject to the penalties prescribed in Section 121025. 
   (i) 
    (j)  Nothing in this section shall be construed to limit
other remedies and protections available under state or federal law.

   SEC. 2.   SEC. 3.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution for certain costs that may be incurred by a
local agency or school district because, in that regard, this act
creates a new crime or infraction, eliminates a crime or infraction,
or changes the penalty for a crime or infraction, within the meaning
of Section 17556 of the Government Code, or changes the definition of
a crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
   However, if the Commission on State Mandates determines that this
act contains other 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.