Amended in Senate June 19, 2015

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 thebegin delete test toend deletebegin insert test,end insert 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 patient who hasbegin delete been admitted toend deletebegin insert blood drawn inend insert a general acute care hospital afterbegin delete having blood drawn atend deletebegin insert being admitted to the hospital throughend insert the hospital emergency department.begin delete 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 delete

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) A patient who either has blood drawn at a primary
4care clinic or who hasbegin delete beenend deletebegin insert blood drawn in a hospital after beingend insert
5 admitted tobegin delete aend deletebegin insert theend insert hospitalbegin delete after having blood drawn atend deletebegin insert throughend insert the
6hospital emergency department, and who has consented to the HIV
7test pursuant to Sectionbegin delete 120990end deletebegin insert 120990,end insert shall be offered an HIV
8test. The primary care or hospitalbegin delete emergency departmentend delete clinician
9shall offer an HIV test consistent with the United States Preventive
10Services Task Force recommendation for screening HIV infection.
11This subdivision shall not apply if the primary care clinic or
12hospitalbegin delete emergency departmentend delete has tested the patient for HIV or
13if the patient has been offered the HIV test and declined the test
14within the previous 12 months. Any subsequent testing of a patient
15who has been tested by the primary care clinic or hospital
16begin delete emergency departmentend delete shall be consistent with the most recent
17guidelines issued by the United States Preventive Services Task
18Force.

19(b) HIV testing of minors 12 years of age or older shall comply
20with Section 6926 of the Family Code.

21(c) This section shall not prohibit a primary care clinic or
22hospitalbegin delete emergency departmentend delete from charging a patient to cover
23the cost of HIV testing. The primary care clinic or hospital
24begin delete emergency departmentend delete shall be deemed to have complied with this
25section if an HIV test is offered.

26(d) A primary care clinic or hospitalbegin delete emergency departmentend delete
27 shall attempt to provide test results to the patient before he or she
28leaves the facility. If that is not possible, the facility may inform
29the patient who tests negative for HIV by letter or by telephone,
30and shall inform a patient with a positive test result in a manner
31consistent with state law. However, in any case, the primary care
32clinic or hospitalbegin delete emergency departmentend delete shall comply with
33subdivision (h) of Section 120990.

begin delete

34(e) A hospital emergency department shall not be required to
35comply with this section if medical personnel in the emergency
P3    1department determine that the person is being treated for a
2life-threatening emergency or if they determine that the person
3lacks the capacity to consent to an HIV test.

end delete
begin delete

4(f)

end delete

5begin insert(e)end insert For purposes of this section, the following terms have the
6following meanings:

7(1) “Hospital” means a general acute care hospital as defined
8in subdivision (a) of Section 1250.

9(2) “Primary care clinic” means a primary care clinic as defined
10in subdivision (a) of Section 1204 or subdivision (g), (h), or (j) of
11Section 1206.



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