BILL NUMBER: AB 506	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 1, 2013

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 amended, 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   who is less than 12 months 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  if, among other
things, the attending physician and surgeon determines that HIV
testing is necessary to render appropriate care to the infant  .

   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 
HIV  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)  (A)   Notwithstanding paragraphs (1) and
(2),  when   if  the subject of the test is
an infant  under one year of age   who is less
than 12 months 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  written
 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.   if all of the following
have occurred:  
   (i) The attending physician and surgeon determines that HIV
testing is necessary to render appropriate care to the infant and
documents that determination. When deciding whether HIV testing is
necessary, the physician and surgeon shall consider appropriate
factors, either known to the attending physician and surgeon or
provided to the attending physician and surgeon by the social worker,
including, but not limited to, whether the infant has a parent with
a history of behavior that places the parent at an increased risk of
exposure to HIV, or whether the infant is a victim of sexual abuse,
which has placed the child at risk of exposure to HIV.  
   (ii) (I) The social worker provides known information concerning
the infant's possible risk factors regarding exposure to HIV to the
attending physician and surgeon.  
   (II) If the parent's or guardian's authority to make medical
decisions for the child has not been terminated or limited by the
court, the social worker makes reasonable efforts to contact the
parent or guardian of the child to seek consent for the HIV testing
and is unable to contact the parent or guardian. The social worker
shall document his or her efforts to contact the parent or guardian.
 
   (III) If the parent's or guardian's authority to make medical
decisions for the child has been terminated or limited by the court,
the social worker makes reasonable efforts to contact the person
authorized by the court to make medical decisions for the child in
order to seek consent for the HIV testing and is unable to contact
that person. The social worker shall document his or her efforts to
contact that person.  
   (B) The attending physician and surgeon and the social worker
shall comply with all applicable state and federal confidentiality
laws. 
   (b) Written consent shall only be obtained for the subject
pursuant to  paragraphs (1) and (2) of  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.