BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 2253
Author: Pan (D)
Amended: 8/24/12 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 7/3/12
AYES: Evans, Harman, Blakeslee, Corbett, Leno
ASSEMBLY FLOOR : 73-1, 5/14/12 - See last page for vote
SUBJECT : Clinical laboratory test results: electronic
conveyance
SOURCE : Author
DIGEST : This bill authorizes the electronic conveyance
of clinical laboratory test results related to HIV
antibodies, hepatitis, drug abuse, and specified test
results that reveal a malignancy, if requested by the
patient, and the health care professional deems electronic
conveyance the most appropriate method of disclosure, and
the professional has already discussed the results with the
patient.
Senate Floor Amendments of 8/24/12 provide that
communication over the telephone is not an electronic
disclosure for the purposes of the bill.
Senate Floor Amendments of 8/23/12 clarify that oral
communications over the telephone are not considered an
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electronic disclosure, and make other technical changes.
ANALYSIS : 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 revises these provisions to refer to the
disclosure of test results and authorizes the 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
appropriate by the health care professional, and a health
care professional has already discussed the results with
the patient.
This bill specifies that 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 disclosed in plain language and in oral or
written form, except the results may be 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 the limits on electronic disclosure of test results for
the purpose of this section.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/24/12)
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California Society of Pathologists
Center for Democracy and Technology
Quest Diagnostics Incorporated
ARGUMENTS IN SUPPORT : According to the author, "This
bill promotes the expansion of health information exchange
and electronic health records, as well as, furthering the
participation of patients in their own medical decision
making. As the federal government has moved to implement
health information exchange and technology with the goal of
expanding electronic health records, California has been
identified as one of a number of states with state laws
that present barriers to the expansion of health
information exchange. Particularly, existing state law
prohibits the conveyance of HIV, hepatitis, abuse of drugs,
and pathology test results electronically. The explicit
prohibition against conveyance of test results to patients
on the specified test creates a special class of
information that exceeds the Health Insurance Portability
and Accountability Act (HIPAA) privacy standards regulating
all other types of personal health information. This bill
would assist eligible professionals and hospitals to
qualify for these incentive payments while allowing
patients to take an active role in their health care."
ASSEMBLY FLOOR : 73-1, 5/14/12
AYES: Achadjian, Alejo, Allen, Beall, Bill Berryhill,
Block, Blumenfield, Bonilla, Bradford, Brownley,
Buchanan, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fong, Fuentes, Furutani, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman,
Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber,
Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
V. Manuel Pérez, Portantino, Silva, Skinner, Smyth,
Solorio, Swanson, Torres, Wagner, Williams, Yamada, John
A. Pérez
NOES: Ammiano
NO VOTE RECORDED: Atkins, Butler, Fletcher, Perea,
Valadao, Wieckowski
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RJG:m 8/27/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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