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. The bill would provide that if an infant tests positive for HIV infection and the physician and surgeon determines that immediate HIV medical care 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.
begin insertExisting law requires health care providers and laboratories to report cases of HIV infection to a local health officer, as specified.
end insertbegin insertThis bill would require, if an infant tests positive for HIV infection, the social worker to provide to the physician and surgeon any available contact information for the biological mother for purposes of reporting the HIV infection to the local health officer.
end insertVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 121020 of the Health and Safety Code
2 is amended to read:
(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.
P3 1(2) Notwithstanding paragraph (1), when the subject of the HIV
2test is a minor adjudged to be a dependent child of the court
3pursuant to Section 360 of the Welfare and Institutions Code,
4written consent for the test to be performed
may be obtained from
5the court pursuant to its authority under Section 362 or 369 of the
6Welfare and Institutions Code.
7(3) (A) Notwithstanding paragraphs (1) and (2), if the subject
8of the test is an infant who is less than 12 months of age who has
9been taken into temporary custody pursuant to Article 7
10(commencing with Section 305) of Chapter 2 of Part 1 of Division
112 of the Welfare and Institutions Code or who has been, or has a
12petition filed with the court to be, adjudged a dependent child of
13the court pursuant to Section 360 of the Welfare and Institutions
14Code, the social worker may provide written consent for an HIV
15test to be performed when the infant is receiving medical care
16pursuant to Section 369 of the Welfare and Institutions Code, if
17all of the following have occurred:
18(i) The attending physician and surgeon determines that HIV
19testing is necessary to render appropriate care to the infant and
20documents that determination. When deciding whether HIV testing
21is necessary, the physician and surgeon shall consider appropriate
22factors, either known to the attending physician and surgeon or
23provided to the attending physician and surgeon by the social
24worker, including, but not limited to, whether the infant has a
25parent with a history of behavior that places the parent at an
26increased risk of exposure to HIV, or whether the infant is a victim
27of sexual abuse, which has placed the child at risk of exposure to
28HIV.
29(ii) The social worker provides known information concerning
30the infant’s possible risk factors regarding exposure to HIV to the
31
attending physician and surgeon.
32(iii) The social worker has made reasonable efforts to contact
33the parent or guardian but was unable to do so, and the social
34worker has documented his or her efforts to contact that person.
35(B) The attending physician and surgeon and the social worker
36shall comply with all applicable state and federal confidentiality
37begin insert and privacy end insert lawsbegin insert, including Section 121025, to protect the
38confidentiality and privacy interests of both the infant and the
39biological motherend insert.
P4 1(b) Written consent shall only be obtained for the
subject
2pursuant to paragraphs (1) and (2) of subdivision (a) when
3necessary to render appropriate care or to practice preventative
4measures.
5(c) The person authorized to consent to the test pursuant to
6subdivision (a) shall be permitted to do any of the following:
7(1) Notwithstanding Sections 120975 and 120980, receive the
8results of the test on behalf of the subject without written
9authorization.
10(2) Disclose the test results on behalf of the subject in
11accordance with Sections 120975 and 120980.
12(3) Provide written authorization for the disclosure of the test
13results on behalf of the subject in accordance with Sections 120975
14and 120980.
15(d) begin insert(1)end insertbegin insert end insert If an infant tested for HIV pursuant to paragraph (3) of
16subdivision (a) tests positive for HIV infection and the physician
17and surgeon determines that immediate HIV medical care is
18necessary to render appropriate care to that infant, the provision
19of HIV medical care shall be considered emergency medical care,
20pursuant to subdivision (d) of Section 369 of the Welfare and
21Institutions Code.
22(2) If an infant tests positive for HIV in a test performed
23pursuant to this section, the social worker shall provide
to the
24physician and surgeon any available contact information for the
25biological mother for purposes of reporting the HIV infection to
26the local health officer pursuant to Section 121022. Cases reported
27to the local health officer under this subdivision are subject to the
28requirements of Section 120175.
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