BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1382
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          Date of Hearing:   April 26, 2011

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER 
                                     PROTECTION
                                 Mary Hayashi, Chair
               AB 1382 (Roger Hernandez) - As Amended:  March 31, 2011
           
          SUBJECT  :   HIV Counselors.

           SUMMARY  :   Allows human immunodeficiency virus (HIV) counselors 
          to perform hepatitis C virus (HCV) or combined HIV/HCV rapid 
          tests.  Specifically,  this bill  : 

          1)Allows an HIV counselor, as specified, to do all of the 
            following:

             a)   Perform any HCV or combination HIV/HCV test that is 
               classified as waived under the federal Clinical Laboratory 
               Improvement Act (CLIA) of 1988 if all of the following 
               conditions exist:

               i)     The performance of the HCV or combination HIV/HCV 
                 test meets the requirements of CLIA and current law 
                 governing clinical laboratory technology, as specified;

               ii)    An HIV counselor may perform skin punctures for the 
                 purpose of withdrawing blood for 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:

                  (1)       He or she works under the direction of a 
                    licensed physician and surgeon; and,

                  (2)       He or she has been trained in rapid HCV or 
                    combination HIV/HCV test proficiency for skin puncture 
                    blood tests and oral swab tests and in universal 
                    infection control precautions, as specified.

               iii)   The person performing the HCV or combination HIV/HCV 
                 test meets the requirements for the performance of waived 
                 laboratory testing pursuant to current law, as specified; 
                 and,

               iv)    The patient is informed that the preliminary result 








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                 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 (CDCP) 
                 for that purpose, a second different rapid HIV, HCV, or 
                 combination HIV/HCV test.  Nothing in this bill shall be 
                 construed to allow an HIV counselor to perform any HCV or 
                 combination HIV/HCV test that is not classified as waived 
                 under CLIA.

             b)   Order and report HCV or combination HIV/HCV test results 
               from tests performed pursuant to the above requirements to 
               patients without authorization from a licensed health care 
               professional or his or her authorized representative.  
               Patients with indeterminate or positive test results 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.

          2)Specifies that HIV counselors certified before September 1, 
            2009, who will administer rapid HCV or combination HIV/HCV 
            skin puncture tests shall obtain training in rapid HCV or 
            combination HIV/HCV test proficiency for skin puncture blood 
            tests and oral swab tests and in universal infection control 
            precautions before September 1, 2011.  The HIV counselor shall 
            not, unless also certified as a limited phlebotomist 
            technician, perform a skin puncture pursuant to this bill 
            until he or she has completed this training.

          3)Provides that an HIV counselor who meets this bill's 
            requirements for performing any waived HCV or combination 
            HIV/HCV test may not perform any other test unless that person 
            meets the statutory and regulatory requirements for performing 
            that other test.

          4)In order to perform waived HCV or combination HIV/HCV tests, 
            requires an HIV counselor to 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 of 
               Public Health (DPH) through a local health jurisdiction, or 
               its agents; or,

             b)   Is working in an HIV counseling and testing site that 








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               utilizes HIV counseling staff who are trained by the Office 
               of AIDS (OA) or its agents, or that meets specified quality 
               assurance guidelines.

           EXISTING LAW  

          1)Establishes CLIA under federal law, which regulates clinical 
            laboratories that perform tests on human specimens and sets 
            standards for facility administration, personnel 
            qualifications and quality control.

          2)Defines CLIA waived tests as simple laboratory examinations 
            and procedures that are approved by the Food and Drug 
            Administration (FDA) for home use, employ methodologies that 
            are so simple and accurate as to render the likelihood of 
            erroneous results negligible, or pose no reasonable risk of 
            harm to the patient if the test is performed incorrectly.

          3)Establishes OA within DPH to be the lead agency in the state 
            responsible for coordinating state programs, services and 
            activities related to HIV, acquired immune deficiency syndrome 
            (AIDS), and AIDS related conditions.

          4)Allows HIV counselors to perform waived HIV tests pursuant to 
            the same requirements of this bill for the performance of HCV 
            or combination HIV/HCV tests.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           Purpose of this bill  .  According to the author's office, 
          "Current law allows counselors trained by the California Office 
          of AIDS to perform CLIA-waived rapid HIV tests.  These tests 
          (are) simple, finger stick tests which provide results in as 
          little as (30 minutes).  OA counselors receive training on this 
          testing along with Hep C testing during the courses required to 
          be an OA counselor.  At the time this measure was signed, there 
          was no equivalent Hep C test approved.  The FDA recently 
          approved a CLIA-waived Hep C rapid finger stick test.  This 
          measure would allow OA counselors to also perform the rapid Hep 
          C test."

           Background  .  The OA, within DPH, has lead responsibility for 
          coordinating state programs, services, and activities relating 








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          to HIV/AIDS.

          The OA's HIV Education and Prevention Services Branch, HIV 
          Counseling and Testing (C&T)
          Program provides HIV prevention counseling, standard and rapid 
          HIV testing services, HIV rapid test kits for local health 
          jurisdictions (LHJs), and HIV counselor training.  HIV C&T 
          services are provided by 54 LHJs and their subcontractors at 
          anonymous and confidential HIV C&T sites in California at no or 
          low cost.  

          HIV and HCV carry common risk factors, and approximately 25-35% 
          of people infected with HIV are also infected with HCV.  
          According to the United States Department of Health and Human 
          Services (Department), "chronic HCV infection is a leading cause 
          of morbidity and mortality among persons with HIV.  Effective 
          therapy is available for HCV and a cure is achievable in a 
          substantial proportion of patients who undergo therapy.  Cure of 
          HCV significantly reduces the patient's risk of developing 
          cirrhosis, liver failure, or hepatocellular cancer.  In 
          addition, the presence of chronic HCV infection may affect the 
          decision of whether to initiate antiretroviral therapy."  The 
          Department recommends routine screening for HCV infection in all 
          HIV-infected patients.  HCV testing became fully integrated into 
          California's HIV C&T Program as of January 1, 2008.

          AB 221 (Portantino), Chapter 421, Statutes of 2009, authorized 
          HIV counselors to perform skin punctures to withdraw blood for 
          HIV rapid testing, and required additional curriculum elements 
          in HIV counselor training programs to cover test proficiency and 
          infection control precautions.  When this measure was approved, 
          there was no rapid HCV test available.  The FDA has since 
          approved a rapid HCV test, in June of 2010, the OraQuick HCV 
          Rapid Antibody Test.

          Rapid tests yield results within 20 to 40 minutes, while 
          traditional tests typically take about two weeks.  According to 
          DPH, only 35% of those currently tested for HCV return to the 
          testing site for their results.

          Hepatitis  .  "Hepatitis" means inflammation of the liver and also 
          refers to a group of viral infections that affect the liver.  
          The most common types are Hepatitis A, Hepatitis B (HBV), and 
          HCV.









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          Unlike Hepatitis A and HBV, there is no vaccine for HCV.  
          According to the California Research Bureau, HCV is the most 
          common blood-borne viral infection, and HCV-related deaths in 
          California more than doubled between 1995 and 2004.  The death 
          rate from HCV is expected to triple in the next 10-20 years.

          HCV, which can pass through blood or bodily fluids, can result 
          in mild illness lasting a few weeks to a serious, lifelong 
          illness.  Today, most people become infected with HCV by sharing 
          needles during intravenous drug use.  Health care workers are 
          also at risk for contracting HCV, and the virus can be 
          transmitted through sexual contact.  An infected pregnant woman 
          can also pass the virus to her unborn baby.  Before 1992, when 
          widespread screening of the blood supply began in the United 
          States, HCV was also commonly spread through blood transfusions 
          and organ transplants.

          Hepatitis C can be either "acute" or "chronic."  Acute HCV 
          infection is a short-term illness that occurs within the first 
          six months after someone is exposed to HCV.  Chronic Hepatitis C 
          is a serious disease than can result in long-term health 
          problems, such as liver disease and liver cancer, or even death. 
           Approximately 75% to 85% of those infected develop chronic 
          infection, and 75% of those with chronic infection develop 
          chronic liver disease.

          According to DPH's California Adult Viral Hepatitis Prevention 
          Strategic Plan, 2010-1014, "Viral hepatitis is an important 
          public health problem in California and nationwide.  In the 
          United States, there are more than 5 million people living with 
          chronic HBV or chronic HCV.  Viral hepatitis is a major cause of 
          liver cancer and the leading cause of liver transplants 
          nationwide.  From 2010 to 2030, the number of liver cancer cases 
          in the U.S. is expected to rise 59 percent, with the highest 
          increases expected among Hispanics and Asian American and 
          Pacific Islanders.  

          "Over the next twenty years, annual medical costs for people 
          with HCV nationwide are expected to increase more than 2.5 
          times, from $30 billion to more than $85 billion.  While it is 
          unknown exactly how many people in California are living with 
          viral hepatitis, in 2007 alone, HBV- and HCV-related 
          hospitalization costs in California totaled $2 billion."

          African Americans account for 22% of HCV cases, and 








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          approximately 17,000 people are newly infected with the virus 
          every year.

          In a September 2010 issue brief, "HBV & HCV: America's Hidden 
          Epidemics," the Trust for America's Health and the American 
          Association for the Study of Liver Diseases notes that 2.7 
          million to 3.9 million Americans live with chronic HCV, but 
          approximately 75% of people with the HCV virus are unaware that 
          they are infected.  "These individuals miss out on treatments 
          that could spare them from serious liver diseases in the future 
          while they also inadvertently may be spreading it to others.  
          Two-thirds of the people with HCV are Baby Boomers who may have 
          been infected decades ago but do not know they have it.

          "In the next decade, the Institute of Medicine (IOM) estimates 
          that 150,000 Americans could die from liver cancer or end-stage 
          liver disease associated with HBV or HCV, and an independent 
          analysis found total medical costs for HCV patients could more 
          than double over the next 20 years...However, we would reduce 
          the number of deaths and lower costs if we act now to screen 
          at-risk individuals so they can receive treatment earlier and 
          work to prevent new cases of HBV and HCV."  The report 
          recommends several policy directions, including "build(ing) on 
          existing, more robust HIV and other infectious disease systems 
          to leverage resources and create an integrated approach," which 
          would aid in developing a better understanding of the diseases, 
          identifying those who carry the viruses, and preventing new 
          infections.

           Support  .  DPH, sponsor of this bill, writes, "Allowing HIV 
          counselors to administer a rapid, oral HCV test would help 
          overcome key challenges faced by providing clients with same-day 
          results.  It would also increase the number of persons with HCV 
          antibody who receive counseling and referrals, decrease the risk 
          of additional infection stemming from undiagnosed infection, 
          (and) allow HCV-infected clients to access earlier care."

           Related legislation  .

          SCR 36 (Blakeslee) declares May 19, 2011, to be Viral Hepatitis 
          Awareness Day in California.  This bill is pending in Senate 
          Rules Committee.

           Previous legislation  .









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          ACR 141 (Blakeslee), Resolution Chapter 20, Statutes of 2010, 
          declares May 19, 2010, to be Viral Hepatitis Awareness Day in 
          California.

          ACR 35 (Blakeslee), Resolution Chapter 19, Statutes of 2009, 
          declares May 19, 2009, to be Viral Hepatitis Awareness Day in 
          California.

          AB 221 (Portantino), Chapter 421, Statutes of 2009, allows HIV 
          counselors to perform skin punctures to withdraw blood for HIV 
          rapid testing, and requires additional curriculum elements in 
          HIV counselor training programs.

          AB 1858 (Blumenfield) of 2009, allows DPH to authorize certain 
          entities to provide hypodermic needle and syringe exchange 
          services consistent with state and federal standards in any 
          location where DPH determines that the conditions exist for the 
          rapid spread of HIV, viral hepatitis, or any other potentially 
          deadly or disabling infections that are spread through the 
          sharing of used hypodermic needles and syringes.  This bill was 
          vetoed.

          AB 1442 (Feuer) of 2007, requires clinical laboratories that 
          perform HIV tests waived under CLIA to enroll in a proficiency 
          testing program and to obtain the appropriate license or 
          registration from DPH, as specified.  Held on Assembly Floor 
          pending concurrence.

          AB 184 (Dymally) of 2007, requires DPH to implement a program, 
          on or before January 1, 2009, for the prevention and control of 
          viral hepatitis among adults.  This bill was held in Senate 
          Appropriations.

          AB 685 (Leno) Chapter 2, Statutes of 2004, exempts HIV 
          counselors from State Department of Health Services (DHS) 
          regulations that require training and certification for 
          phlebotomy (the practice of drawing blood) technicians.

          AB 2064 (Cedillo) Chapter 273, Statutes of 2002, requires DHS to 
          authorize the establishment of training programs for counselors 
          for publicly funded HIV testing programs by specified 
          community-based, nonprofit organizations.

          AB 1263 (Migden) Chapter 324, Statutes of 2001, authorizes DHS 
          to participate in a rapid HIV test research program conducted 








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          with the CDCP.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Department of Public Health (sponsor)
          California Hepatitis Alliance

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Angela Mapp / B.,P. & C.P. / (916) 
          319-3301