BILL NUMBER: AB 383 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Gipson
FEBRUARY 18, 2015
An act to amend Section 122405 of, and to add and repeal
Section 122407 to, of, the Health
and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 383, as amended, Gipson. Public health: hepatitis C.
Existing law, the Hepatitis C Education, Screening, and Treatment
Act, sets forth provisions pertaining to education and outreach
related to hepatitis C, as specified. The act sets forth findings,
declarations, and the intent of the Legislature with regard to these
provisions, and requires the Director of Public Health to, among
other things, develop and implement a public education and outreach
program to raise awareness of the hepatitis C virus aimed at
high-risk groups, physician's offices, health care workers, and
health care facilities.
This bill would would, until January 1,
2023, require a primary care clinic to offer each patient who
receives primary care services in the clinic, and conduct upon
agreement, a hepatitis C screening or diagnostic test, as specified,
and would specify the manner in which the results of that test are
provided. These requirements would not apply if the patient has taken
a hepatitis C screening or diagnostic test, if the patient has been
offered a hepatitis C screening or diagnostic test and declined the
test within the primary care clinic within the previous 12 months, or
to an individual receiving primary care services in a hospital or
emergency room setting. The bill would add additional findings and
declarations, including that hepatitis C is the most common
bloodborne pathogen in the United States, and is a leading cause of
complications from chronic liver disease.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 122405 of the Health and Safety Code is amended
to read:
122405. (a) The Legislature hereby finds and declares all of the
following:
(1) Hepatitis C is classified as a silent killer, where no
recognizable signs or symptoms occur until severe liver damage has
occurred.
(2) Hepatitis C has been characterized by the World Health
Organization as a disease of primary concern to humanity.
(3) Studies indicate that 1.8 percent of the population, nearly 4
million Americans, carry the virus HCV that causes hepatitis C. In
California, as many as 500,000 individuals may be carriers and could
develop the debilitating and potentially deadly liver disease
associated with hepatitis C in their lifetime. An expert panel,
convened in March by the National Institutes of Health (NIH),
estimated that 30,000 acute new infections occur each year in the
United States, and only 25 to 30 percent of those are diagnosed.
Current data sources indicate that 8,000 to 10,000 Americans die from
hepatitis C each year.
(4) Studies also indicate that 39.4 percent of male inmates and
54.5 percent of female inmates in California correctional facilities
have hepatitis C, 26 times higher than the general population. Upon
their release from prison, these inmates present a significant health
risk to the general population of California.
(5) Studies indicate that military veterans, particularly Vietnam
War veterans, are disproportionately impacted by hepatitis C compared
to other veterans and nonveterans. It is estimated that Vietnam War
veterans are 5 to 10 times more likely to be infected with hepatitis
C than other Americans.
(6) Hepatitis C is the most common bloodborne pathogen in the
United States, and is a leading cause of complications from chronic
liver disease.
(7) According to the federal Centers for Disease Control and
Prevention, 2.7 million Americans are living with chronic hepatitis
C, which is almost 1 percent of the entire population of the United
States.
(8) Hepatitis C infections are most common among individuals born
between 1945 and 1965, commonly known as the baby boomers.
(9) Hepatitis C infections have reached epidemic levels,
especially in underrepresented communities.
(10) Up to 75 percent of individuals infected with hepatitis C do
not know they are infected, and are therefore not connected to any
source of care or treatment.
(11) In June 2013, the United States Preventive Services Task
Force recommended that all high risk
high-risk individuals and anyone born between 1945 and 1965 be
screened for hepatitis C. In making this recommendation, the United
States Preventive Services Task Force cited evidence that early
screening and detection can lead to improved clinical outcomes.
(b) Accordingly, it is the intent of the Legislature to do both of
the following:
(1) Study the adequacy of the health care delivery system as it
pertains to hepatitis C.
(2) Urge the department to make funds available to community-based
nonprofit organizations for education and outreach with respect to
the hepatitis C virus.
SEC. 2. Section 122407 is added to the Health and Safety Code, to
read:
122407. (a) A primary care clinic shall offer each patient who
receives primary care services in the clinic a hepatitis C screening
or diagnostic test, consistent with the United States
Preventative Preventive Services Task Force
recommendations for screening and any federal Centers for Disease
Control and Prevention algorithms. The screening or diagnostic test
shall be conducted upon patient agreement. This subdivision shall not
apply if the patient has taken a hepatitis C screening or diagnostic
test, or if the patient has been offered a hepatitis C screening or
diagnostic test and declined the test within the primary care clinic
within the previous 12 months.
(b) Hepatitis C screening or diagnostic testing of minors 12 years
of age or older shall comply with Section 6926 of the Family Code.
(c) This section shall not prohibit a primary care clinic from
charging a patient to cover the cost of the hepatitis C screening or
diagnostic test. The primary care clinic shall be deemed to have
complied with this section if a hepatitis C screening or diagnostic
test is offered.
(d) A primary care clinic shall attempt to provide test results to
the patient before he or she leaves the facility. If that is not
possible, the facility may inform the patient who tests nonreactive
or negative for the hepatitis C virus by letter or by telephone, and
shall inform a patient with a reactive or positive test result in a
manner consistent with state law. Section
120917.
(e) As used in this section, the following terms shall have the
following meanings:
(1) "Primary care clinic" means a clinic as defined in subdivision
(a) of Section 1204 or subdivision (g), (h), or (j) of Section 1206.
(2) "Hepatitis C diagnostic test" means any laboratory test that
detects the presence of the hepatitis C virus in the blood and
provides confirmation of whether the individual has a hepatitis C
virus infection.
(3) "Hepatitis C screening test" means an FDA-approved laboratory
screening test, FDA-approved rapid point-of-care test, or other
FDA-approved test that detects the presence of hepatitis C antibodies
in the blood.
(f) This section does not apply to an individual receiving primary
care services in a hospital or emergency room setting.
(g) This section shall remain in effect only until January 1,
2023, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2023, deletes or extends
that date.