Amended in Assembly April 23, 2015

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.

LEGISLATIVE COUNSEL’S DIGEST

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 test that is consistent with the United States Preventive Services Task Force recommendations for screening for HIV infection. Existing law specifies the manner in which the results of that test are provided.

This bill would, additionally, apply those provisions to a general acute care hospital. 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 received by providing the patient with printed material that includes that information and advice.begin insert The bill would exempt a hospital emergency department from the testing requirements if the personnel in the emergency department determine that the person is being treated for a life-threatening emergency or if the person lacks the capacity to consent to an HIV test.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:

P2    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 clinic or hospital emergency department and who has
5consented to the HIV test pursuant to Section 120990 shall be
6offered an HIV test. The primary care or hospital emergency
7department clinician shall offer an HIV test consistent with the
8United States Preventive Services Task Force recommendation
9for screening HIV infection. This subdivision shall not apply if
10the primary care clinic or hospital emergency department has tested
11the patient for HIV or if the patient has been offered the HIV test
12and declined the test within the previous 12 months. Any
13subsequent testing of a patient who has been tested by the primary
14care clinic or hospital emergency department shall be consistent
15with the most recent guidelines issued by the United States
16Preventive Services Task Force.

17(b) HIV testing of minors 12 years of age or older shall comply
18with Section 6926 of the Family Code.

19(c) This section shall not prohibit a primary care clinic or
20hospital emergency department from charging a patient to cover
21the cost of HIV testing. The primary care clinic or hospital
22emergency department shall be deemed to have complied with this
23section if an HIV test is offered.

24(d) A primary care clinic or hospital emergency department
25shall attempt to provide test results to the patient before he or she
26leaves the facility. If that is not possible, the facility may inform
27the patient who tests negative for HIV by letter or by telephone,
28and shall inform a patient with a positive test result in a manner
29consistent with state law. However, in any case, the primary care
30clinic or hospital emergency department shall comply with
31subdivision (h) of Section 120990. A hospital emergency
32department is deemed to be in compliance with subdivision (h) of
33Section 120990 if the hospital emergency department provides
34printed material to the patient that includes the information and
35advice described in that subdivision.

begin insert

P3    1(e) A hospital emergency department shall not be required to
2comply with this section if medical personnel in the emergency
3department determine that the person is being treated for a
4life-threatening emergency or if they determine that the person
5lacks the capacity to consent to an HIV test.

end insert
begin delete

34 6(e)

end delete

7begin insert(f)end insert For purposes of this section, the following terms have the
8following meanings:

9(1) “Hospital” means a general acute care hospital as defined
10in subdivision (a) of Section 1250.

11(2) “Primary care clinic” means a primary care clinic as defined
12in subdivision (a) of Section 1204 or subdivision (g), (h), or (j) of
13Section 1206.



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