BILL NUMBER: AB 521	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 120991 of the Health and Safety Code is amended
to read:
   120991.  (a) Each patient who has blood drawn at a primary care
clinic  or hospital emergency department  and who has
consented to the HIV test pursuant to Section 120990 shall be offered
an HIV test. The primary care  or hospital emergency department
 clinician shall offer an HIV test consistent with the United
States Preventive Services Task Force recommendation for screening
HIV infection. This subdivision shall not apply if the primary care
clinic  or hospital emergency department  has tested the
patient for HIV or if the patient has been offered the HIV test and
declined the test within the previous 12 months. Any subsequent
testing of a patient who has been tested by the primary care clinic
 or hospital emergency department  shall be consistent with
the most recent guidelines issued by the United States Preventive
Services Task Force.
   (b) HIV 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  or
hospital emergency department  from charging a patient to cover
the cost of HIV testing. The primary care clinic  or hospital
emergency department  shall be deemed to have complied with this
section if an HIV test is offered.
   (d) A primary care clinic  or hospital emergency department
 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 negative for HIV by letter or by
telephone, and shall inform a patient with a positive test result in
a manner consistent with state law. However, in any case, the primary
care clinic  or hospital emergency department  shall comply
with subdivision (g) of Section 120990.
   (e) For purposes of this section, "primary care clinic" means a
primary care clinic as defined in subdivision (a) of Section 1204 or
subdivision (g), (h), or (j) of Section 1206. 
   (f) For purposes of this section, "hospital" means a general acute
care hospital as defined in subdivision (a) of Section 1250.