California Legislature—2015–16 Regular Session

Assembly BillNo. 521


Introduced by Assembly Member Nazarian

February 23, 2015


An act to amend Section 120991 of the Health and Safety Code, relating to HIV testing.

LEGISLATIVE COUNSEL’S DIGEST

AB 521, as introduced, Nazarian. HIV testing.

Existing law requires that every patient who has blood drawn at a primary care clinic, as defined, and who has consented to the test to be offered an HIV test, consistent with the United States Preventive Services Task Force recommendations for screening, specify the manner in which the results of that test are provided.

This bill would, additionally, apply those provisions to a general acute care hospital.

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

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

P1    1

SECTION 1.  

Section 120991 of the Health and Safety Code
2 is amended to read:

3

120991.  

(a) Each patient who has blood drawn at a primary
4care clinicbegin insert or hospital emergency departmentend insert and who has
5consented to the HIV test pursuant to Section 120990 shall be
6offered an HIV test. The primary carebegin insert or hospital emergency
7departmentend insert
clinician shall offer an HIV test consistent with the
8United States Preventive Services Task Force recommendation
P2    1for screening HIV infection. This subdivision shall not apply if
2the primary care clinicbegin insert or hospital emergency departmentend insert has
3tested the patient for HIV or if the patient has been offered the
4HIV test and declined the test within the previous 12 months. Any
5subsequent testing of a patient who has been tested by the primary
6care clinicbegin insert or hospital emergency departmentend insert shall be consistent
7with the most recent guidelines issued by the United States
8Preventive Services Task Force.

9(b) HIV testing of minors 12 years of age or older shall comply
10with Section 6926 of the Family Code.

11(c) This section shall not prohibit a primary care clinicbegin insert or
12hospital emergency departmentend insert
from charging a patient to cover
13the cost of HIV testing. The primary care clinicbegin insert or hospital
14emergency departmentend insert
shall be deemed to have complied with this
15section if an HIV test is offered.

16(d) A primary care clinicbegin insert or hospital emergency departmentend insert
17 shall attempt to provide test results to the patient before he or she
18leaves the facility. If that is not possible, the facility may inform
19the patient who tests negative for HIV by letter or by telephone,
20and shall inform a patient with a positive test result in a manner
21consistent with state law. However, in any case, the primary care
22clinicbegin insert or hospital emergency departmentend insert shall comply with
23subdivision (g) of Section 120990.

24(e) For purposes of this section, “primary care clinic” means a
25primary care clinic as defined in subdivision (a) of Section 1204
26or subdivision (g), (h), or (j) of Section 1206.

begin insert

27(f) For purposes of this section, “hospital” means a general
28acute care hospital as defined in subdivision (a) of Section 1250.

end insert


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