California Legislature—2015–16 Regular Session

Assembly Bill No. 2439

Introduced by Assembly Member Nazarian

February 19, 2016

An act to amend Section 120991 of the Health and Safety Code, relating to HIV testing.

LEGISLATIVE COUNSEL’S DIGEST

AB 2439, as introduced, 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 the emergency department of 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. 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:

SECTION 1.  

Section 120991 of the Health and Safety Code
is amended to read:

120991.  

(a) Each patient who has blood drawn at a primary
care clinic begin insert or hospital emergency department end insert and who has
consented to the HIV test pursuant to Section 120990 shall be
offered an HIV test. The primary care begin insert or hospital emergency
department end insert clinician shall offer an HIV test consistent with the
United States Preventive Services Task Force recommendation
for screening HIV infection. This subdivision shall not apply if
the primary care clinic begin insert or hospital emergency department end insert has
tested the patient for HIV or if the patient has been offered the
HIV test and declined the test within the previous 12 months. Any
subsequent testing of a patient who has been tested by the primary
care clinic begin insert or hospital emergency department end insert shall be consistent
with the most recent guidelines issued by the United States
Preventive Services Task Force.

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

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

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

begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin delete

(e)  For purposes of this section, “primary

end delete

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