BILL NUMBER: AB 2439 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 12, 2016
INTRODUCED BY Assembly Member Nazarian
FEBRUARY 19, 2016
An act to amend Section 120991 of add
Section 120992 to the Health and Safety Code, relating to HIV
testing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2439, 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 create a pilot project, administered by the State
Department of Public Health, to assess and make recommendations
regarding the effectiveness of the routine offering of an HIV test in
the emergency department of a hospital. The bill would require the
department to select 4 hospitals, as provided, that have emergency
departments to participate in the pilot project. The bill would
require the participating hospitals to offer an HIV test to any
patient in the hospital emergency department, as provided, to collect
specified information, and to report the information to the
department. The pilot project would commence on March 1, 2017, and
end on February 28, 2019. The bill would require the department, by
July 1, 2019, to complete a report to the Legislature on the findings
of the 4 hospitals in the pilot project and make recommendations
about routine HIV testing in hospital emergency departments.
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 120992 is added to the
Health and Safety Code , to read:
120992. (a) There is hereby created a pilot project, to be
administered by the department, in order to assess and make
recommendations regarding the effectiveness of the routine offering
of an HIV test in the emergency department of a hospital.
(b) The department shall select four hospitals that have emergency
departments to participate in the pilot project.
(1) Two of the hospitals shall be selected from large urban areas.
(2) One hospital shall be selected from a small urban or suburban
area.
(3) One hospital shall be selected from a rural area.
(c) Each hospital in the pilot project shall offer an HIV test to
any patient in the hospital emergency department who has consented to
the HIV test pursuant to Section 120990. The emergency department
shall comply with subdivision (h) of Section 120990 and may choose to
comply either by using emergency department or other hospital
personnel or engaging the services of an HIV organization that has
experience in prevention counseling for persons at risk for HIV.
(d) A hospital in the pilot project shall not offer a test to any
person who is being treated for a life-threatening emergency or who
lacks the capacity to consent to an HIV test.
(e) A hospital in the pilot project shall comply with Section 6926
of the Family Code when testing a minor 12 years of age or older.
(f) A hospital in the pilot project shall be authorized to charge
a patient for the cost of the HIV testing.
(g) A hospital in the pilot project shall be directed by the
department to collect and report data on the following topics:
(1) The frequency of HIV test offers.
(2) The frequency of consent or nonconsent to an HIV test and any
reasons given by the patient for the consent or the nonconsent.
(3) The time taken to offer an HIV test and secure consent from a
patient and the time taken to provide information and counseling
pursuant to subdivision (h) of Section 120990.
(4) The aggregate HIV positivity rate.
(5) The frequency with which patients agree to participate in a
session to receive information and counseling pursuant to subdivision
(h) of Section 120990 and the reasons that patients give for
refusing to participate.
(6) The frequency of patients leaving the emergency department
without receiving their test results.
(h) A hospital in the pilot project shall provide information to
the department regarding its practices and protocols for implementing
the offer of an HIV test and the required followup to the test, as
well as an assessment of the effectiveness of those practices and
protocols.
(i) (1) The pilot project shall commence on March 1, 2017, and end
on February 28, 2019.
(2) By July 1, 2019, the department shall complete a report to the
Legislature on the findings of the four hospitals in the pilot
project and make recommendations about routine HIV testing in
hospital emergency departments. In preparing the report to the
Legislature, the department shall solicit input from a broad range of
HIV testing and hospital stakeholders.
(j) (1) The requirement for submitting a report imposed under
paragraph (2) of subdivision (i) is inoperative on July 1, 2023,
pursuant to Section 10231.5 of the Government Code.
(2) A report submitted pursuant to paragraph (2) of subdivision
(i) shall be submitted in compliance with Section 9795 of the
Government Code.
(k) For purposes of this section, "hospital" means a general acute
care hospital as defined in subdivision (a) of Section 1250.
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
(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.
(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.