BILL NUMBER: AB 1382 CHAPTERED
BILL TEXT
CHAPTER 643
FILED WITH SECRETARY OF STATE OCTOBER 9, 2011
APPROVED BY GOVERNOR OCTOBER 9, 2011
PASSED THE SENATE AUGUST 31, 2011
PASSED THE ASSEMBLY SEPTEMBER 6, 2011
AMENDED IN SENATE JULY 7, 2011
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, 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 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 authorize HIV counselors to perform hepatitis C
virus (HCV) or combined HIV/HCV tests in addition to HIV tests, as
specified, and would make conforming changes.
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 or HCV exposure
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.