BILL NUMBER: AB 2439	INTRODUCED
	BILL TEXT


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  or hospital emergency department  and who has
consented to the HIV test pursuant to Section 120990 shall be offered
an HIV test. The primary care  or hospital emergency department
 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  or hospital emergency department  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
 or hospital emergency department  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  or
hospital emergency department  from charging a patient to cover
the cost of HIV testing. The primary care clinic  or hospital
emergency department  shall be deemed to have complied with this
section if an HIV test is offered.
   (d) A primary care clinic  or hospital emergency department
 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  or hospital emergency department  shall comply
with subdivision  (g)   (h)  of Section
120990.  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.
 
   (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.  
   (f) For purposes of this section, the following terms have the
following meanings:  
   (1) "Hospital" means a general acute care hospital as defined in
subdivision (a) of Section 1250.  
   (e)  For purposes of this section, "primary 
    (2)     "Primary  care clinic" means a
primary care clinic as defined in subdivision (a) of Section 1204 or
subdivision (g), (h), or (j) of Section 1206.