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 tobegin insert voluntarilyend insert 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 120992 is added to the Health and Safety
2Code, to read:
(a) There is hereby created a pilot project, to be
4administered by the department, in order to assess and make
5recommendations regarding the effectiveness of the routine offering
6of an HIV test in the emergency department of a hospital.
7(b) The department shall select four hospitals that have
8emergency departments tobegin insert voluntarilyend insert participate in the pilot
9project.
10(1) Two of the hospitals shall be selected from large urban areas.
11(2) One hospital shall be
selected from a small urban or suburban
12area.
13(3) One hospital shall be selected from a rural area.
14(c) Each hospital in the pilot project shall offer an HIV test to
15any patient in the hospital emergency department who has
16consented to the HIV test pursuant to Section 120990. The
17emergency department shall comply with subdivision (h) of Section
18120990 and may choose to comply either by using emergency
19department or other hospital personnel or engaging the services
20of an HIV organization that has experience in prevention
21counseling for persons at risk for HIV.
22(d) A hospital in the pilot project shall not offer a test to any
23person who is being treated for a life-threatening emergency or
24who lacks the capacity
to consent to an HIV test.
25(e) A hospital in the pilot project shallbegin delete comply with Section begin insert offer HIV tests to individuals between 15 and 65 years of
266926 of the Family Code when testing a minor 12 years of age or
27older.end delete
28age, inclusive, pursuant to the United States Preventive Services
29Task Force recommendations.end insert
30(f) A hospital in the pilot project shall be authorized to charge
31a patient for the cost of the HIV testing.
P3 1(g) A hospital in the pilot project shall be directed by the
2department to collect and report data on the following topics:
3(1) The frequency of HIV test offers.
4(2) The frequency of consent or nonconsent to an HIV test and
5any reasons given by the patient for the consent or the nonconsent.
6(3) The time taken to offer an HIV test and secure consent from
7a patient and the time taken to provide information and counseling
8pursuant to subdivision (h) of Section 120990.
9(4) The aggregate HIV positivity rate.
10(5) The frequency with which patients agree to participate in a
11session to receive information and counseling pursuant to
12subdivision (h) of Section 120990 and the reasons that patients
13give for refusing to participate.
14(6) The
frequency of patients leaving the emergency department
15without receiving their test results.
16(h) A hospital in the pilot project shall provide information to
17the department regarding its practices and protocols for
18implementing the offer of an HIV test and the required followup
19to the test, as well as an assessment of the effectiveness of those
20practices and protocols.
21(i) (1) The pilot project shall commence on March 1, 2017, and
22end on February 28, 2019.
23(2) By July 1, 2019, the department shall complete a report to
24the Legislature on the findings of the four hospitals in the pilot
25project and make recommendations about routine HIV testing in
26hospital emergency departments. In preparing the report
to the
27Legislature, the department shall solicit input from a broad range
28of HIV testing and hospital stakeholders.
29(j) (1) The requirement for submitting a report imposed under
30paragraph (2) of subdivision (i) is inoperative on July 1, 2023,
31pursuant to Section 10231.5 of the Government Code.
32(2) A report submitted pursuant to paragraph (2) of subdivision
33(i) shall be submitted in compliance with Section 9795 of the
34Government Code.
35(k) For purposes of this section, “hospital” means a general
36acute care hospital as defined in subdivision (a) of Section 1250.
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