BILL NUMBER: AB 506	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mitchell

                        FEBRUARY 20, 2013

   An act to amend Section 121020 of the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 506, as introduced, Mitchell. HIV testing: infants.
   Existing law provides that a child may come within the
jurisdiction of the juvenile court and become a dependent child of
the court in, among others, cases of abuse and neglect. Under
existing law, when a minor has been, or has a petition filed with the
court to be, adjudged a dependent child of the court, the court may
authorize, or order that a social worker may authorize, medical care
for the minor, as prescribed. Under existing law, a social worker
may, without court order, authorize medical care for a minor in
emergency situations, as specified.
   Existing law authorizes a peace officer or social worker to take
into temporary custody a minor when there is reasonable cause for
believing that the minor is in immediate need of medical care or is
in immediate danger, as specified. Under existing law, when a minor
is taken into temporary custody and is in need of medical care, the
social worker may, upon recommendation of the attending physician and
surgeon, authorize the performance of medical care, as specified.
Under existing law, when allegations of child abuse come to the
attention of the local law enforcement agency or local child welfare
department and the child is taken into protective custody, the agency
or department may cause the minor to undergo a physical examination
under certain circumstances.
   Existing law provides that a minor under 12 years of age is deemed
not competent to give consent for an HIV test to be performed, and
authorizes the minor's parent, guardian, conservator, or other person
lawfully authorized to make health care decisions on behalf of the
minor to provide consent for the test. Under existing law, a court
may also provide consent for the test to be performed on a minor who
is adjudged to be a dependent child of the court.
   This bill would authorize a social worker or the treating health
care provider, as specified, to provide consent for an HIV test to be
performed on an infant under one year of age when the infant has
been taken into temporary custody or has been, or has a petition
filed with the court to be, adjudged a dependent child of the court
and the infant is undergoing a physical examination or receiving
medical care.
   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 121020 of the Health and Safety Code is amended
to read:
   121020.  (a) (1) When the subject of an HIV test is not competent
to give consent for the test to be performed, written consent for the
test may be obtained from the subject's parents, guardians,
conservators, or other person lawfully authorized to make health care
decisions for the subject. For purposes of this paragraph, a minor
shall be deemed not competent to give consent if he or she is under
12 years of age.
   (2) Notwithstanding paragraph (1), when the subject of the test is
a minor adjudged to be a dependent child of the court pursuant to
Section 360 of the Welfare and Institutions Code, written consent for
the test to be performed may be obtained from the court pursuant to
its authority under Section 362 or 369 of the Welfare and
Institutions Code. 
   (3) Notwithstanding paragraphs (1) and (2), when the subject of
the test is an infant under one year of age who has been taken into
temporary custody pursuant to Article 7 (commencing with Section 305)
of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code or who has been, or has a petition filed with the court to be,
adjudged a dependent child of the court pursuant to Section 360 of
the Welfare and Institutions Code, the social worker may provide
consent for an HIV test to be performed when the infant is undergoing
a physical examination pursuant to Section 324.5 of the Welfare and
Institutions Code or is receiving medical care pursuant to Section
369 of the Welfare and Institutions Code, or the treating health care
provider may provide consent if he or she determines there are
factors indicating that an HIV test should be performed. 
   (b) Written consent shall only be obtained for the subject
pursuant to subdivision (a) when necessary to render appropriate care
or to practice preventative measures.
   (c) The person authorized to consent to the test pursuant to
subdivision (a) shall be permitted to do any of the following:
   (1) Notwithstanding Sections 120975 and 120980, receive the
results of the test on behalf of the subject without written
authorization.
   (2) Disclose the test results on behalf of the subject in
accordance with Sections 120975 and 120980.
   (3) Provide written authorization for the disclosure of the test
results on behalf of the subject in accordance with Sections 120975
and 120980.