Amended in Senate June 14, 2013

Amended in Assembly May 1, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 506


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.

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 to provide consent for an HIV test to be performed on an infant 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 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.begin insert The bill would provide that if an infant tests positive for HIV infection and the physician and surgeon determines that immediate HIV medical careend insertbegin insert is necessary to render appropriate care to that infant, that care shall be considered emergency medical care that may be authorized, without court order, by a social worker.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 121020 of the Health and Safety Code
2 is amended to read:

3

121020.  

(a) (1) When the subject of an HIV test is not
4competent to give consent for the test to be performed, written
5consent for the test may be obtained from the subject’s parents,
6guardians, conservators, or other person lawfully authorized to
7make health care decisions for the subject. For purposes of this
8paragraph, a minor shall be deemed not competent to give consent
9if he or she is under 12 years of age.

10(2) Notwithstanding paragraph (1), when the subject of the HIV
11test is a minor adjudged to be a dependent child of the court
12pursuant to Section 360 of the Welfare and Institutions Code,
13written consent for the test to be performed may be obtained from
14the court pursuant to its authority under Section 362 or 369 of the
15Welfare and Institutions Code.

16(3) (A) Notwithstanding paragraphs (1) and (2), if the subject
17of the test is an infant who is less than 12 months of age who has
18been taken into temporary custody pursuant to Article 7
P3    1(commencing with Section 305) of Chapter 2 of Part 1 of Division
22 of the Welfare and Institutions Code or who has been, or has a
3petition filed with the court to be, adjudged a dependent child of
4the court pursuant to Section 360 of the Welfare and Institutions
5Code, the social worker may provide written consent for an HIV
6test to be performed when the infant is receiving medical care
7pursuant to Section 369 of the Welfare and Institutions Code, if
8all of the following have occurred:

9(i) The attending physician and surgeon determines that HIV
10testing is necessary to render appropriate care to the infant and
11documents that determination. When deciding whether HIV testing
12is necessary, the physician and surgeon shall consider appropriate
13factors, either known to the attending physician and surgeon or
14provided to the attending physician and surgeon by the social
15worker, including, but not limited to, whether the infant has a
16parent with a history of behavior that places the parent at an
17increased risk of exposure to HIV, or whether the infant is a victim
18of sexual abuse, which has placed the child at risk of exposure to
19HIV.

20(ii) begin delete(I)end deletebegin deleteend deleteThe social worker provides known information
21concerning the infant’s possible risk factors regarding exposure
22to HIV to the attending physician and surgeon.

begin delete

23(II) If the parent’s or guardian’s authority to make medical
24decisions for the child has not been terminated or limited by the
25court, the social worker makes reasonable efforts to contact the
26parent or guardian of the child to seek consent for the HIV testing
27and is unable to contact the parent or guardian. The social worker
28shall document his or her efforts to contact the parent or guardian.

29(III) If the parent’s or guardian’s authority to make medical
30decisions for the child has been terminated or limited by the court,
31the social worker makes reasonable efforts to contact the person
32authorized by the court to make medical decisions for the child in
33order to seek consent for the HIV testing and is unable to contact
34that person. The social worker shall document his or her efforts to
35contact that person.

end delete
begin insert

36(iii) The social worker has made reasonable efforts to contact
37the parent or guardian but was unable to do so, and the social
38worker has documented his or her efforts to contact that person.

end insert

P4    1(B) The attending physician and surgeon and the social worker
2shall comply with all applicable state and federal confidentiality
3laws.

4(b) Written consent shall only be obtained for the subject
5pursuant to paragraphs (1) and (2) of subdivision (a) when
6necessary to render appropriate care or to practice preventative
7measures.

8(c) The person authorized to consent to the test pursuant to
9subdivision (a) shall be permitted to do any of the following:

10(1) Notwithstanding Sections 120975 and 120980, receive the
11results of the test on behalf of the subject without written
12authorization.

13(2) Disclose the test results on behalf of the subject in
14accordance with Sections 120975 and 120980.

15(3) Provide written authorization for the disclosure of the test
16results on behalf of the subject in accordance with Sections 120975
17and 120980.

begin insert

18(d) If an infant tested for HIV pursuant to paragraph (3) of
19subdivision (a) tests positive for HIV infection and the physician
20and surgeon determines that immediate HIV medical care is
21necessary to render appropriate care to that infant, the provision
22of HIV medical care shall be considered emergency medical care,
23pursuant to subdivision (d) of Section 369 of the Welfare and
24Institutions Code.

end insert


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