BILL NUMBER: AB 2635	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 23, 2010
	PASSED THE ASSEMBLY  MAY 13, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010
	AMENDED IN ASSEMBLY  MARCH 22, 2010

INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 19, 2010

   An act to amend Section 121060 of the Health and Safety Code,
relating to communicable disease.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2635, Portantino. Communicable disease: involuntary testing.
   Existing law establishes procedures by which an arrestee's blood
may be tested, either voluntarily or by court order, for specified
communicable diseases when a peace officer, firefighter, custodial
officer, custody assistant, nonsworn uniformed employee of a law
enforcement agency, or emergency medical personnel is exposed to an
arrestee's blood or bodily fluids, as defined, while the peace
officer, firefighter, custodial officer, custody assistant, nonsworn
uniformed employee of a law enforcement agency, or emergency medical
personnel is acting within the scope of his or her duties.
   This bill would add nonsworn employees of a law enforcement agency
whose job description includes the collection of fingerprints to the
list of persons to which these provisions apply. Because this bill
increases the duties of local officials, 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, 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.


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

  SECTION 1.  Section 121060 of the Health and Safety Code is amended
to read:
   121060.  (a) Any peace officer, firefighter, custodial officer, as
that term is defined in subdivision (a) of Section 831 or
subdivision (a) of Section 831.5 of the Penal Code, a custody
assistant, as that term is defined in subdivision (a) of Section
831.7 of the Penal Code, a nonsworn uniformed employee of a law
enforcement agency whose job entails the care or control of inmates
in a detention facility, a nonsworn employee of a law enforcement
agency whose job description entails the collection of fingerprints,
or emergency medical personnel who, while acting within the scope of
his or her duties, is exposed to an arrestee's blood or bodily
fluids, as defined in Section 121060.1, shall do the following:
   (1) Prior to filing a petition with the court, a licensed health
care provider shall notify the arrestee of the bloodborne pathogen
exposure and make a good faith effort to obtain the voluntary
informed consent of the arrestee or the arrestee's authorized legal
representative to perform a test for human immunodeficiency virus
(HIV), hepatitis B, and hepatitis C. The voluntary informed consent
shall be in writing. Once consent is given in writing, the arrestee
shall provide three specimens of blood for testing as provided in
this chapter.
   (2) If voluntary informed consent is not given in writing, the
affected individual may petition, ex parte, the court for an order
requiring testing as provided in this chapter. The petition shall
include a written certification by a health care professional that an
exposure, including the nature and extent of the exposure, has
occurred.
   (b) The court shall promptly conduct a hearing upon a petition
filed pursuant to paragraph (2) of subdivision (a). If the court
finds that probable cause exists to believe that a possible
bloodborne pathogen exposure, as defined in Section 121060.1, took
place between the arrestee and the peace officer, firefighter,
custodial officer, custody assistant, nonsworn uniformed employee of
a law enforcement agency whose job entails the care or control of
inmates in a detention facility, nonsworn employee of a law
enforcement agency whose job description entails the collection of
fingerprints, or emergency medical personnel, as specified in this
section, the court shall order that the arrestee provide three
specimens of blood for testing as provided in this chapter.
   (c) (1) Except as provided in paragraph (2), copies of the test
results shall be sent to the arrestee, each peace officer,
firefighter, custodial officer, custody assistant, nonsworn uniformed
employee of a law enforcement agency whose job entails the care or
control of inmates in a detention facility, nonsworn employee of a
law enforcement agency whose job description entails the collection
of fingerprints, and emergency medical personnel named in the
petition and his or her employing agency, officer, or entity, and if
the arrestee is incarcerated or detained, to the officer in charge
and the chief medical officer of the facility where the person is
incarcerated or detained.
   (2) The person whose sample was tested, shall be advised that he
or she will be informed of the hepatitis B, hepatitis C, and HIV test
results only if he or she wishes to be so informed. If the person
consents to be informed of the hepatitis B, hepatitis C, and HIV test
results, then he or she shall sign a form documenting that consent.
The person's refusal to sign that form shall be construed to be a
refusal to be informed of the hepatitis B, hepatitis C, and HIV test
results.
   (3) Except as otherwise provided under this section, all
confidentiality requirements regarding medical records shall apply to
the test results obtained.
  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.