BILL NUMBER: AB 2439 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2016
AMENDED IN ASSEMBLY APRIL 12, 2016
INTRODUCED BY Assembly Member Nazarian
FEBRUARY 19, 2016
An act to 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 voluntarily 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 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 voluntarily 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. offer HIV tests to individuals between 15
and 65 years of age, inclusive, pursuant to the United States
Preventive Services Task Force recommendations.
(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.