BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 422|
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THIRD READING
Bill No: SB 422
Author: Wright (D)
Amended: 4/25/11
Vote: 21
SENATE HEALTH COMMITTEE : 7-0, 4/13/11
AYES: Hernandez, Strickland, Alquist, Anderson, De León,
DeSaulnier, Rubio
NO VOTE RECORDED: Blakeslee, Wolk
SENATE JUDICIARY COMMITTEE : 4-1, 5/3/11
AYES: Evans, Harman, Blakeslee, Leno
NOES: Corbett
SUBJECT : Reporting of certain communicable diseases
SOURCE : Beyond AIDS
DIGEST : This bill authorizes physicians to disclose
nonidentifying HIV patient information to the designated
staff of the local public health agency for HIV partner
services, or identifying information with the written
consent of the individual; clarifies that a local health
officer and the designated local public health agency staff
for HIV partner services are exempted from civil and
criminal liability for alerting the specified partners of
an HIV positive person, without disclosing any identifying
information about the person believed to be infected with
HIV; and authorizes a local health officer or designated
local public health agency staff to expunge any identifying
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information of a potentially exposed partner only after
efforts have been made to contact, alert, and refer the
partners for testing and treatment.
ANALYSIS :
Existing law:
1. Exempts a physician who has the results for a confirmed
positive test for HIV from civil and criminal liability
for disclosing that information to specified people,
including the local health officer, and requires that no
identifying information be disclosed, except as
specified.
2. Authorizes the local health officer to notify the other
specified people for appropriate care and follow-up.
This bill:
1. Authorizes a physician to disclose nonidentifying HIV
patient information to the designated local public
agency staff for HIV partner services, or with the
written consent of the patient, the physician may
disclose the patients' identifying information, without
the threat of civil or criminal liability.
2. Adds a designated local public health agency staff for
HIV partner services as a person authorized to alert
potential partners of the potential HIV exposure, and
clarify that both the local health officer and the
partner services staff will not be held civilly or
criminally liable for this disclosure.
3. Provides for expunging of the records only after a local
health officer or local public health agency staff for
HIV partner services completes their efforts to contact,
alert, and refer any person specified in this section.
Background
The Centers for Disease Control and Prevention (CDC)
estimates that approximately one million people in the
United States are infected with HIV. Of those, one in
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five, or 21 percent are not aware that they are infected.
It is also estimated by the CDC that over 50,000 people
become infected each year with HIV. California is among
the 40 states that report HIV infections to the CDC using a
confidential name-based reporting system. SB 699 (Soto),
Chapter 20, Statutes of 2006, authorized the use of the
confidential name-based reporting system in California. In
1988, California was also one of the first states that
allowed physicians to contact a person reasonably believed
to be the spouse, sexual partner, or partner of shared
needles of an HIV infected patient under his or her care,
without disclosing identifying patient information. ( AIDS:
A Crisis in Confidentiality , Southern California Law Review
(1989) 62 S. Cal. L. Rev. 1701, 1732.) This limited
disclosure exempted the physician from civil or criminal
liability.
Although anyone may be at risk for HIV infection, according
to the CDC, men who have sex with men and intravenous drug
users are at the highest risk of contracting this
infection. This statistic has contributed to the stigma
associated with HIV infections, often resulting in
discrimination. Due to this discrimination, the American
Civil Liberties Union (ACLU) has taken an active role in
ensuring patient confidentiality. According to the ACLU's
Website, "the ACLU AIDS Project uses impact litigation,
public education and advocacy at the state and federal
level to fight discrimination against people with
HIV/AIDS." Additionally, California prohibits the
negligent, willful or malicious disclosure of HIV test
results. Current law authorizes a fine between $2,500 to
$25,000, and some unlawful disclosures are also subject to
jail time.
The California Office of AIDS (OA) has chronicled the AIDS
epidemic between 1981 and 2008, and has shown a significant
reduction in the number of AIDS related deaths. OA
attributes this decrease to greater prevention efforts as
well as the rapid advances in medical care and treatment.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/3/11)
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Beyond AIDS (source)
California Academy of Preventive Medicine
Infectious Disease Association of California
ARGUMENTS IN SUPPORT : Beyond AIDS believes this bill
will help to save lives by facilitating the ability of
local public health to work closely with health care
providers and patients to control the spread of HIV
infections. Beyond AIDS argues that this bill fixes a gap
in current law by permitting communication from local
public health staff to either DPH or the health care
provider and the patient for public health purposes such as
prevention and surveillance.
The California Academy of Preventive Medicine (CAPM) also
thinks this bill will help health care providers, patients,
and public health departments communicate about HIV for the
prevention of new infections without fear that they are
violating the law. CAPM believes this bill will result in
more complete and accurate surveillance so that preventive
efforts can be targeted to the people at risk.
CTW:mw 5/5/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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