BILL NUMBER: AB 1382 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Roger Hernández
FEBRUARY 18, 2011
An act to amend Section 120917 of the Health and Safety Code,
relating to communicable diseases.
LEGISLATIVE COUNSEL'S DIGEST
AB 1382, as amended, Roger Hernández. HIV counselors.
Existing law establishes the Office of AIDS in the State
Department of Public Health and defines human immunodeficiency virus
(HIV) as the etiologic agent of acquired immune deficiency
immunodeficiency syndrome (AIDS). Existing law
authorizes HIV counselors that meet specified requirements to perform
skin punctures for purposes of withdrawing blood for HIV test
purposes.
This bill would make technical, nonsubstantive changes to
these provisions, including deleting an obsolete cross-reference
authorize HIV counselors to perform hepatitis C virus
(HCV) or combined HIV/HCV tests in addition to HIV tests,
as specified .
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 120917 of the Health and Safety Code is amended
to read:
120917. (a) An HIV counselor who meets the requirements of
subdivision (e) may do all of the following:
(1) Perform any HIV , hepatitis C virus (HCV), or combination
HIV/HCV test that is classified as waived under the federal
Clinical Laboratory Improvement Act (CLIA) (42 U.S.C. Sec. 263a and
following) if all of the following conditions exist:
(A) The performance of the HIV , HCV, or combination HIV/HCV
test meets the requirements of CLIA and, subject to
subparagraph (B), Chapter 3 (commencing with Section 1200) of
Division 2 of the Business and Professions Code.
(B) Notwithstanding Section 1246 of the Business and Professions
Code, an HIV counselor may perform skin punctures for the purpose of
withdrawing blood for HIV , HCV, or combination HIV/HCV
testing, upon specific authorization from a licensed physician and
surgeon, provided that the person meets both of the following
requirements:
(i) He or she works under the direction of a licensed physician
and surgeon.
(ii) He or she has been trained in both rapid HIV , HCV, or
combination HIV/HCV test proficiency for skin puncture blood
tests and oral swab tests and in universal infection control
precautions, consistent with best infection control practices
established by the Division of Occupational Safety and Health in the
Department of Industrial Relations and the federal Centers for
Disease Control and Prevention.
(C) The person performing the HIV , HCV, or
combination HIV/HCV test meets the requirements for the
performance of waived laboratory testing pursuant to subdivision (a)
of Section 1206.5 of the Business and Professions Code. For purposes
of this subdivision and subdivision (a) of Section 1206.5 of the
Business and Professions Code, an HIV counselor who meets the
requirements of subdivision (e) shall be "other health care personnel
providing direct patient care" as referred to in paragraph (13) of
subdivision (a) of Section 1206.5 of the Business and Professions
Code.
(D) The patient is informed that the preliminary result of the
test is indicative of the likelihood of HIV infection and that the
result must be confirmed by an additional more specific test, or, if
approved by the federal Centers for Disease Control and Prevention
for that purpose, a second different rapid HIV , HCV,
or combination HIV/HCV test. Nothing in this subdivision shall
be construed to allow an HIV counselor to perform any HIV ,
HCV, or combination HIV/HCV test that is not classified as
waived under the CLIA.
(2) Notwithstanding Section 1246.5 of the Business and Professions
Code, order and report HIV , HCV, or combination HIV/HCV
test results from tests performed pursuant to paragraph (1) to
patients without authorization from a licensed health care
professional or his or her authorized representative. Patients with
indeterminate or positive test results from tests performed pursuant
to paragraph (1) shall be referred to a licensed health care provider
whose scope of practice includes the authority to refer patients for
laboratory testing for further evaluation.
(b) An HIV counselor who has been certified pursuant to
subdivision (b) of Section 120871 prior to September 1, 2009, and who
will administer rapid HIV , HCV, or combination HIV/HCV
skin puncture tests shall obtain training required by clause (ii) of
subparagraph (B) of paragraph (1) of subdivision (a) prior to
September 1, 2011. The HIV counselor shall not, unless also certified
as a limited phlebotomist technician, perform a skin puncture
pursuant to this section until he or she has completed the training
required by that clause.
(c) An HIV counselor who meets the requirements of this section
with respect to performing any HIV , HCV, or
combination HIV/HCV test that is classified as waived under the
CLIA may not perform any other test unless that person meets the
statutory and regulatory requirements for performing that other test.
(d) This section shall not be construed to certify an HIV
counselor as a phlebotomy technician or a limited phlebotomy
technician, or to fulfill any requirements for certification as a
phlebotomy technician or a limited phlebotomy technician, unless the
HIV counselor has otherwise satisfied the certification requirements
imposed pursuant to Section 1246 of the Business and Professions
Code.
(e) (1) An HIV counselor shall meet one of the following criteria:
(A) Is trained by the Office of AIDS and working in an HIV
counseling and testing site funded by the department through a local
health jurisdiction, or its agents.
(B) Is working in an HIV counseling and testing site that meets
both of the following criteria:
(i) Utilizes HIV counseling staff who are trained by the Office of
AIDS or its agents.
(ii) Has a quality assurance plan approved by the local health
department in the jurisdiction where the site is located and has HIV
counseling and testing staff who comply with the quality assurance
requirements specified in Section 1230 of Article 1 of Group 9 of
Subchapter 1 of Chapter 2 of Division 1 of Title 17 of the California
Code of Regulations.
(2) (A) The Office of AIDS or its agents may charge a fee for
training HIV counseling staff.
(B) The local health department may charge a fee for the quality
assurance plan approval.