Amended in Assembly June 2, 2015

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 tobegin insert a patient who has been admitted toend insert a general acute carebegin delete 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.end deletebegin insert hospital after having blood drawn at the hospital emergency department.end 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.

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) begin deleteEach patient end deletebegin insertA patient end insertwhobegin insert eitherend insert has blood drawn
4at a primary care clinic orbegin insert who has been admitted to a hospital
5after having blood drawn at theend insert
hospital emergencybegin delete departmentend delete
6begin insert department,end insert and who has consented to the HIV test pursuant to
7Section 120990 shall be offered an HIV test. The primary care or
8hospital emergency department clinician shall offer an HIV test
9consistent with the United States Preventive Services Task Force
10recommendation for screening HIV infection. This subdivision
11shall not apply if the primary care clinic or hospital emergency
12department has tested the patient for HIV or if the patient has been
13offered the HIV test and declined the test within the previous 12
14months. Any subsequent testing of a patient who has been tested
15by the primary care clinic or hospital emergency department shall
16be consistent with the most recent guidelines issued by the United
17States Preventive Services Task Force.

18(b) HIV testing of minors 12 years of age or older shall comply
19with Section 6926 of the Family Code.

20(c) This section shall not prohibit a primary care clinic or
21hospital emergency department from charging a patient to cover
22the cost of HIV testing. The primary care clinic or hospital
23emergency department shall be deemed to have complied with this
24section if an HIV test is offered.

25(d) A primary care clinic or hospital emergency department
26shall attempt to provide test results to the patient before he or she
27leaves the facility. If that is not possible, the facility may inform
28the patient who tests negative for HIV by letter or by telephone,
29and shall inform a patient with a positive test result in a manner
30consistent with state law. However, in any case, the primary care
31clinic or hospital emergency department shall comply with
32subdivision (h) of Section 120990. begin delete A hospital emergency
33department is deemed to be in compliance with subdivision (h) of
P3    1Section 120990 if the hospital emergency department provides
2printed material to the patient that includes the information and
3advice described in that subdivision.end delete

4(e) A hospital emergency department shall not be required to
5comply with this section if medical personnel in the emergency
6department determine that the person is being treated for a
7life-threatening emergency or if they determine that the person
8lacks the capacity to consent to an HIV test.

9(f) For purposes of this section, the following terms have the
10following meanings:

11(1) “Hospital” means a general acute care hospital as defined
12in subdivision (a) of Section 1250.

13(2) “Primary care clinic” means a primary care clinic as defined
14in subdivision (a) of Section 1204 or subdivision (g), (h), or (j) of
15Section 1206.



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