Amended in Assembly April 14, 2015

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.


AB 521, as amended, 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 HIVbegin delete test,end deletebegin insert test that isend insert consistent with the United States Preventive Services Task Force recommendations forbegin delete screening, specifyend deletebegin insert screening for HIV infection. Existing law specifiesend insert the manner in which the results of that test are provided.

This bill would, additionally, apply those provisions to a general acute care hospital.begin insert The bill would authorize a hospital emergency department to comply with certain requirements to provide information, counseling, and advice to a patient after the results of an HIV test have been receivedend insertbegin insert by providing the patient with printed material that includes that information and advice.end insert

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

P2    1


(a) Each patient who has blood drawn at a primary
2care clinic or hospital emergency department and who has
3consented to the HIV test pursuant to Section 120990 shall be
4offered an HIV test. The primary care or hospital emergency
5department clinician shall offer an HIV test consistent with the
6United States Preventive Services Task Force recommendation
7for screening HIV infection. This subdivision shall not apply if
8the primary care clinic or hospital emergency department has tested
9the patient for HIV or if the patient has been offered the HIV test
10and declined the test within the previous 12 months. Any
11subsequent testing of a patient who has been tested by the primary
12care clinic or hospital emergency department shall be consistent
13with the most recent guidelines issued by the United States
14Preventive Services Task Force.

15(b) HIV testing of minors 12 years of age or older shall comply
16with Section 6926 of the Family Code.

17(c) This section shall not prohibit a primary care clinic or
18hospital emergency department from charging a patient to cover
19the cost of HIV testing. The primary care clinic or hospital
20emergency department shall be deemed to have complied with this
21section if an HIV test is offered.

22(d) A primary care clinic or hospital emergency department
23shall attempt to provide test results to the patient before he or she
24leaves the facility. If that is not possible, the facility may inform
25the patient who tests negative for HIV by letter or by telephone,
26and shall inform a patient with a positive test result in a manner
27consistent with state law. However, in any case, the primary care
28clinic or hospital emergency department shall comply with
29subdivisionbegin delete (g)end deletebegin insert (h)end insert of Section 120990.begin insert A hospital emergency
30department is deemed to be in compliance with subdivision (h) of
31Section 120990 if the hospital emergency department provides
32printed material to the patient that includes the information and
33advice described in that subdivision.end insert

34(e) For purposes of this section,begin delete “primary careend deletebegin insert the following
35terms have the following meanings:end insert

begin insert

36(1) “Hospital” means a general acute care hospital as defined
37in subdivision (a) of Section 1250.

end insert

38begin insert(2)end insertbegin insertend insertbegin insert“Primary careend insert clinic” means a primary care clinic as defined
39in subdivision (a) of Section 1204 or subdivision (g), (h), or (j) of
40Section 1206.

begin delete

P3    1(f) For purposes of this section, “hospital” means a general acute
2care hospital as defined in subdivision (a) of Section 1250.

end delete