BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 499
                                                                  Page  1

          Date of Hearing:   April 5, 2011

                            ASSEMBLY COMMITTEE ON HEALTH
                              William W. Monning, Chair
                 AB 499 (Atkins) - As Introduced:  February 15, 2011
           
          SUBJECT  :  Minors: medical care: consent.

           SUMMARY  :  Permits a minor who is 12 years of age or older to 
          consent to medical care related to the prevention of a sexually 
          transmitted disease.  Makes a technical, conforming change to 
          existing law.

           EXISTING LAW  permits a minor who is 12 years of age or older and 
          who may have come into contact with an infectious, contagious, 
          or communicable disease to consent to medical care related to 
          the diagnosis or treatment of the disease, if the disease or 
          condition is one that is required by law or regulation adopted 
          pursuant to law to be reported to the local health officer, or 
          is a related sexually transmitted disease (STD), as may be 
          determined by the State Director of  Health Services (now the 
          State Public Health Officer).

           FISCAL EFFECT  :   This bill has not been analyzed by a fiscal 
          committee.

           COMMENTS  :   

           1)PURPOSE OF THIS BILL  .  According to the author, there is a gap 
            in the law relative to prevention of STDs because existing law 
            only specifies the ability of minors to consent to diagnosis 
            and treatment.  The author states that the omission of consent 
            for preventative services creates a barrier to time-critical 
            preventive services.  The author asserts that at the time the 
            existing law was passed, the preventive options we have today 
            did not exist and there are now time-critical prevention 
            services for diseases that are sexually transmitted, such as 
            prophylactic post-exposure HIV medications (which must be 
            given within 72 hours of exposure) and the Human 
            papillomavirus (HPV) vaccine (which, if given before exposure, 
            can significantly reduce the risk of certain cancers and 
            abnormal, precancerous cervical cell changes and genital 
            warts).  The author states that these diseases can be 
            life-long and are only treatable, not curable.  The author 
            further states that while physicians encourage their minor 








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            patients to involve parents, in the past the Legislature has 
            recognized, by enacting minor consent laws, that involvement 
            is not always practical and what is paramount is that teens 
            receive timely, necessary medical care.  The author states 
            that this bill is needed since some adolescents, from 
            difficult family situations, will either delay or simply fail 
            to obtain services if confronted with a legal requirement of 
            parental consent. 

           2)STD PREVELANCE  .  According to the Centers for Disease Control 
            and Prevention (CDC), compared to older adults, 
            sexually-active adolescents 15 to 19 years of age and young 
            adults 20 to 24 years of age are at higher risk for acquiring 
            STDs for a combination of behavioral, biological, and cultural 
            reasons.  For some STDs, such as Chlamydia, adolescent women 
            may have a physiologically increased susceptibility to 
            infection due to increased cervical ectopy (the condition when 
            certain cells are present on the outer surface of the cervix). 
             The higher prevalence of STDs among adolescents may also 
            reflect multiple barriers to accessing quality STD prevention 
            services, including lack of insurance or other ability to pay, 
            lack of transportation, discomfort with facilities and 
            services designed for adults, and concerns about 
            confidentiality.  Estimates suggest that while representing 
            25% of the sexually experienced population, 15- to 
            24-year-olds acquire nearly half of all new STDs.  According 
            to a July 2010 report of the California Adolescent Sexual 
            Health Work Group, in 2008 there were 517 California children 
            ages 10 through 17 who were infected with HIV/AIDS, 18, 901 
            who were infected with chlamydia, 2,581 who were infected with 
            gonorrhea, and 22 who were infected with syphilis.  While 
            adolescent rates are lower than young adult rates, these cases 
            are of great concern to public health officials because 
            chlamydia and gonorrhea are the leading causes of preventable 
            infertility in California, affecting all women, but 
            particularly women who are just entering their reproductive 
            years.

           3)HPV AND CERVICAL CANCER  .  According to a 2008 report by the 
            California Cancer Registry (CCR), cervical cancer is the 
            eleventh most frequently diagnosed cancer among California 
            women, with approximately 1,500 cases, including 400 deaths, 
            per year.  CCR reports that cervical cancer incidence has 
            declined 29% in California since 1988.  However, Hispanic 
            women are more than twice as likely to be diagnosed with 








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            cervical cancer as non-Hispanic women.  Hispanic and 
            non-Hispanic black women are also more likely to die from 
            cervical cancer than non-Hispanic white and Asian/Pacific 
            Islander women.  Nearly all cervical cancer is caused by HPV 
            infection, with two types of HPV accounting for approximately 
            70% of cervical cancer.  HPV also causes 90% of anal cancers; 
            40% of vulvar, vaginal, and penile cancers; and, smaller 
            proportions of oral and throat cancers. 

          In 2006, the federal Food and Drug Administration (FDA) approved 
            Gardasil, a quadrivalent vaccine (prevents four types of HPV) 
            manufactured by Merck, for use in females nine through 26 
            years of age.  The vaccine is injected as three separate 
            doses; the second dose should be administered two months after 
            the first dose and the third dose six months after the first 
            dose.  The cost of a three-dose vaccination is estimated at 
            $468, including the cost of administration, for those covered 
            by private insurance.  In October 2009, the FDA approved 
            Cervarix, a bivalent vaccine (prevents two types of HPV) by 
            GlaxoSmithKline, for use in females 10 through 25 years of 
            age.  Non-vaccine strategies to prevent HPV infection include 
            the use of physical barriers, such as condoms, and reducing 
            the number of sexual partners, including abstinence from 
            sexual contact.  

           4)HPV INFECTION IN ADOLESCENTS  .  According to a 2007 article in 
            the journal Disease Markers, adolescents who are sexually 
            active have the highest rates of prevalent and incident HPV 
            infection rates, with over 50 to 80% having infections within 
            two to three years of initiating intercourse.  According to 
            the article, most infections are transient in nature and will 
            clear.  However, a small number of adolescents will not clear 
            the infection, and persistence of HPV is strongly linked to 
            the development of invasive cancer.  The author stated that 
            association between age of first intercourse and invasive 
            cancer cannot be ignored. Consequently, initiating screening 
            at appropriate times in this group is essential.  In addition, 
            HPV vaccination prior to the onset of sexual activity is 
            critical since most infections occur within a short time frame 
            post initiation.

           5)PREVIOUS LEGISLATION  .  SB 543 (Leno), Chapter 503, Statutes of 
            2010, authorizes a minor who is 12 years of age or older to 
            consent to mental health treatment or counseling, except as 
            specified, on an outpatient basis, or to residential shelter 








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            services, if specified conditions are satisfied.

           6)DOUBLE REFERRAL  .  This bill has been double referred, if it 
            should pass out of this committee, it will be referred to the 
            Assembly Committee on Judiciary.

           7)SUPPORT  .  According to the California STD Controllers 
            Association, the California Nurses Association, the California 
            Family Health Council, and ACT for Women and Girls, the gap in 
            the law likely stems from the fact that many prevention 
            methods did not exist when the law was created in 1964.  
            Supporters state that now we have both vaccines and medicines 
            which could, if given in a timely fashion, reduce the risk of 
            serious disease; and, that more developments could occur in 
            the future.  Supporters write that while most teens involve 
            their parents in medical decisions, even those involving 
            sensitive subjects, we need to allow for those minors who 
            can't or won't include their parents.  Supporters further 
            state that the current requirement that minors obtain parental 
            consent for STD prevention services has resulted in missed and 
            denied opportunities for minors to receive vital and 
            timesensitive medical care. The American Congress of 
            Obstetricians and Gynecologists, District IX, (ACOG), writes 
            that for prevention in the form of vaccines, the CDCs Advisory 
            Committee on Immunization Practice recommends these vaccines 
            be administered befo8)re attainment of teen years.  The CDC 
            panel also recommends "catch up" for those not vaccinated 
            earlier. Particularly for the HPV vaccine, with its more 
            recent FDA approval, there is a cohort of teens who would not 
            have had the opportunity to be vaccinated earlier.  ACOG 
            states that it makes sense for teens, when in a medical 
            appointment for other confidential medical services, to be 
            able to simultaneously obtain the vaccine, and that 
            facilitating timely access to a vaccine would result in 
            superior, more comprehensive care.  The California National 
            Organization for Women states that we should not deny minors 
            access to preventative methods when they are available, 
            especially for viruses that currently cannot be cured.  The 
            California Coalition for Youth writes that while parental 
            consent is important to obtain, some youth do not have the 
            advantages of supportive and engaged families.  CCY states 
            that homeless youth are not homeless by choice; their family 
            environments have been unhealthy and either they have been 
            kicked out or feel forced out. CCY asserts that these youth 
            should be able to have access to preventative medical 








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            services, if needed.

           9)OPPOSITION  .  The California Catholic Conference, Inc. writes 
            that this bill is dangerous because it expands a faulty law 
            which assumes that children know better than their parents, 
            rather than assuming that parents know their children and care 
            about their health.  The California Catholic Conference states 
            there are occasions when a minor child is mistreated or 
            abandoned by his or her parents, but it is certainly not the 
            usual case; and that contingency plans are good when parents 
            are irresponsible, but should not be standard operating 
            procedure.  Capitol Resource Family Impact writes that medical 
            care decisions are not a light subject; in fact, most medical 
            care decisions carry heavy implications and a parent has the 
            right to be involved in his or her child's medical care.  The 
            California Right to Life Committee, Inc. writes that this bill 
            would have the citizen, voter, and taxpayer believe that 12 
            year olds can be their own medical advisors and not their own 
            parents.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California STD Controllers Association (sponsor)
          ACCESS Women's Health Justice
          ACT for Women and Girls
          American Association of University Women
          American Civil Liberties Union
          American Congress of Obstetricians and Gynecologists, District 
          IX (California)
          Asian Communities for Reproductive Justice
          California Adolescent Health Collaborative
          California Church Impact
          California Coalition for Youth
          California Communities United Institute
          California Family Health Council
          California Medical Association
          California National Organization for Women
          California Nurses Association
          Children's Hospital Los Angeles, Division of Adolescent Medicine
          Kaiser Permanente
          NARAL Pro-Choice California
          National Center for Youth Law
          National Council of Jewish Women








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          Nevada County Citizens for Choice
          Reproductive Justice Coalition
          Women's Health Specialists

           Opposition 
           
          California Catholic Conference, Inc.
          California Right to Life Committee, Inc.
          Capitol Resource Family Impact


           
          Analysis Prepared by  :    Melanie Moreno / HEALTH / (916) 
          319-2097