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 HIV
begin delete test,end delete consistent with the United States Preventive Services Task Force recommendations for begin delete screening, specifyend delete 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 120991 of the Health and Safety Code
2 is amended to read:
(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
begin delete (g)end delete of Section 120990.
34(e) For purposes of this section,
begin delete “primary careend delete
38 clinic” means a primary care clinic as defined
39in subdivision (a) of Section 1204 or subdivision (g), (h), or (j) of
P3 1(f) For purposes of this section, “hospital” means a general acute
2care hospital as defined in subdivision (a) of Section 1250.