BILL NUMBER: AB 2253 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 23, 2012
INTRODUCED BY Assembly Member Pan
FEBRUARY 24, 2012
An act to amend Section 123148 of the Health and Safety Code,
relating to health records.
LEGISLATIVE COUNSEL'S DIGEST
AB 2253, as amended, Pan. Clinical laboratory test results:
electronic conveyance.
Existing law authorizes the results of a clinical laboratory test
performed at the request of a health care professional to be conveyed
to the patient in electronic form if requested by the patient and if
deemed most appropriate by the health care professional, except that
existing law prohibits the conveyance by Internet posting or other
electronic means of test results relating to HIV antibodies, the
presence of hepatitis antigens, and the abuse of drugs, and specified
test results that reveal a malignancy.
This bill would revise these provisions to refer to the
disclosure of test results and would authorize the
conveyance disclosure by Internet posting or
other electronic means of clinical laboratory test results related to
HIV antibodies, the presence of hepatitis antigens, and the abuse of
drugs, and specified test results that reveal a malignancy if
requested by the patient, the means of conveyance is deemed
most appropriate by the health care professional, and a
health care professional has already discussed the results with the
patient.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 123148 of the Health and Safety Code is amended
to read:
123148. (a) Notwithstanding any other provision of law, a health
care professional at whose request a test is performed shall provide
or arrange for the provision of the results of a clinical laboratory
test to the patient who is the subject of the test if so requested
by the patient, in oral or written form. The results shall be
conveyed disclosed in plain language
and in oral or written form, except the results may be
conveyed disclosed in electronic form if
requested by the patient and if deemed most appropriate by the health
care professional who requested the test. The telephone shall
not be considered an electronic form of disclosing laboratory results
subject to this limit on electronic disclosure of test results.
(b) (1) Consent of the patient to receive his or her laboratory
results by Internet posting or other electronic means shall be
obtained in a manner consistent with the requirements of Section
56.10 or 56.11 of the Civil Code. In the event that a health care
professional arranges for the provision of test results by Internet
posting or other electronic manner, the results shall be
delivered disclosed to a patient in a reasonable
time period, but only after the results have been reviewed by the
health care professional. Access to clinical laboratory test results
shall be restricted by the use of a secure personal identification
number when the results are delivered
disclosed to a patient by Internet posting or other electronic
manner.
(2) Nothing in paragraph (1) shall prohibit direct communication
by Internet posting or the use of other electronic means to
convey disclose clinical laboratory test results
by a treating health care professional who ordered the test for his
or her patient or by a health care professional acting on behalf of,
or with the authorization of, the treating health care professional
who ordered the test.
(c) When a patient requests to receive
access to his or her laboratory test results by Internet
posting, the health care professional shall advise the patient of any
charges that may be assessed directly to the patient or insurer for
the service and that the patient may call the health care
professional for a more detailed explanation of the laboratory test
results when delivered.
(d) The electronic provision disclose
of test results under this section shall be in accordance with
any applicable federal law governing privacy and security of
electronic personal health records. However, any state statute, if
enacted, that governs privacy and security of electronic personal
health records, shall apply to test results under this section and
shall prevail over federal law if federal law permits.
(e) The test results to be reported to the patient pursuant to
this section shall be recorded in the patient's medical record, and
shall be reported to the patient within a reasonable time period
after the test results are received at the offices of the health care
professional who requested the test.
(f) Notwithstanding subdivision (a), unless the patient requests
the conveyance disclosure , the health
care professional deems this conveyance
disclosure as the most an
appropriate means, and a health care professional has first discussed
in person, by te lephone, or by any other means of
oral communication, the test results with the
patient, in compliance with any other applicable laws,
none of the following clinical laboratory test results and any other
related results shall be conveyed disclosed
to a patient by Internet posting or other electronic means:
(1) HIV antibody test.
(2) Presence of antigens indicating a hepatitis infection.
(3) Abusing the use of drugs.
(4) Test results related to routinely processed tissues, including
skin biopsies, Pap smear tests, products of conception, and bone
marrow aspirations for morphological evaluation, if they reveal a
malignancy.
(g) Patient identifiable test results and health information that
have been provided under this section shall not be used for any
commercial purpose without the consent of the patient, obtained in a
manner consistent with the requirements of Section 56.11 of the Civil
Code. In no event shall patient identifiable HIV-related test
results and health information disclosed in this section be used in
violation of subdivision (f) of Section 120980.
(h) Any third party to whom laboratory test results are disclosed
pursuant to this section shall be deemed a provider of administrative
services, as that term is used in paragraph (3) of subdivision (c)
of Section 56.10 of the Civil Code, and shall be subject to all
limitations and penalties applicable to that section.
(i) A patient may not be required to pay any cost, or be charged
any fee, for electing to receive his or her laboratory results in any
manner other than by Internet posting or other electronic form.
(j) A patient or his or her physician may revoke any consent
provided under this section at any time and without penalty, except
to the extent that action has been taken in reliance on that consent.