Amended in Senate June 29, 2015

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 the test, 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 whobegin insert has been admitted as an inpatient to a general acute care hospital through the emergency department andend insert has blood drawnbegin delete in a general acute care hospitalend delete after being admitted to thebegin delete hospital through the hospital emergency department.end deletebegin insert hospital. The bill would specify that the emergency department is not responsible for offering the 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) A patient who either has blood drawn at a primary
4care clinic or whobegin insert has been admitted as an inpatient to a hospital
5through the emergency department andend insert
has blood drawnbegin delete in a
6hospitalend delete
after being admitted to the hospitalbegin delete through the hospital
7emergency departmentend delete
, and who has consented to the HIV test
8pursuant to Section 120990, shall be offered an HIV test.begin insert The
9emergency department shall not be responsible for offering an
10HIV test.end insert
The primary care or hospital clinician shall offer an HIV
11test consistent with the United States Preventive Services Task
12Force recommendation for screening HIV infection. This
13subdivision shall not apply if the primary care clinic or hospital
14has tested the patient for HIV or if the patient has been offered the
15HIV test and declined the test within the previous 12 months. Any
16subsequent testing of a patient who has been tested by the primary
17care clinic or hospital shall be consistent with the most recent
18guidelines issued by the United States Preventive Services Task
19Force.

20(b) HIV testing of minors 12 years of age or older shall comply
21with Section 6926 of the Family Code.

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

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

33(e) For purposes of this section, the following terms have the
34following meanings:

P3    1(1) “Hospital” means a general acute care hospital as defined
2in subdivision (a) of Section 1250.

3(2) “Primary care clinic” means a primary care clinic as defined
4in subdivision (a) of Section 1204 or subdivision (g), (h), or (j) of
5Section 1206.



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