Amended in Senate August 15, 2016

Amended in Senate August 2, 2016

Amended in Assembly April 21, 2016

Amended in Assembly March 16, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2640


Introduced by Assembly Member Gipson

February 19, 2016


An act to amend Section 120990 of the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

AB 2640, as amended, Gipson. Public health: HIV.

Existing law requires a medical care provider or person administering a test for HIV to, after receiving results indicating no infection for a patient who is known to be at high risk for HIV infection, advise the patient of the need for periodic retesting and explain the limitations of current testing technology and the current window period for verification of results.

This bill would instead require a medical care provider or person administering a test for HIV to provide patients who test negative for HIV infection and are determined to be at a high risk for HIV infection by the medical provider or person administering the test with the above-described information and information aboutbegin delete the effectiveness and safety of allend delete methods that prevent or reduce the risk of contracting HIV, including preexposure prophylaxis and postexposure prophylaxis, as specified.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 120990 of the Health and Safety Code
2 is amended to read:

3

120990.  

(a) Prior to ordering a test that identifies infection of
4a patient with HIV, a medical care provider shall inform the patient
5that the test is planned, provide information about the test, inform
6the patient that there are numerous treatment options available for
7a patient who tests positive for HIV and that a person who tests
8negative for HIV should continue to be routinely tested, and advise
9the patient that he or she has the right to decline the test. If a patient
10declines the test, the medical care provider shall note that fact in
11the patient’s medical file.

12(b) Subdivision (a) does not apply when a person independently
13requests an HIV test from a medical care provider.

14(c) Except as provided in subdivision (a), a person shall not
15administer a test for HIV infection unless the person being tested
16or his or her parent, guardian, conservator, or other person specified
17in Section 121020 has provided informed consent for the
18performance of the test. Informed consent may be provided orally
19or in writing, but the person administering the test shall maintain
20documentation of consent, whether obtained orally or in writing,
21in the client’s medical record. This consent requirement does not
22apply to a test performed at an alternative site pursuant to Section
23120890 or 120895. This section does not authorize a person to
24administer a test for HIV unless that person is otherwise lawfully
25permitted to administer an HIV test.

26(d) Subdivision (c) shall not apply when a person independently
27requests an HIV test from an HIV counseling and testing site that
28employs a trained HIV counselor, pursuant to Section 120917,
29provided that the person is provided with information required
30pursuant to subdivision (a) and his or her independent request for
31an HIV test is documented by the person administering the test.

32(e) Nothing in this section shall preclude a medical examiner
33or other physician from ordering or performing a test to detect
34HIV on a cadaver when an autopsy is performed or body parts are
P3    1donated pursuant to the Uniform Anatomical Gift Act (Chapter
23.5 (commencing with Section 7150) of Part 1 of Division 7).

3(f) (1) The requirements of subdivision (c) do not apply when
4blood is tested as part of a scientific investigation conducted either
5by a medical researcher operating under the approval of an
6institutional review board or by the department, in accordance with
7a protocol for unlinked testing.

8(2) For purposes of this subdivision, “unlinked testing” means
9blood samples that are obtained anonymously, or that have the
10name or identifying information of the individual who provided
11the sample removed in a manner that prevents the test results from
12ever being linked to the particular individual who participated in
13the research or study.

14(g) Nothing in this section permits a person to unlawfully
15disclose an individual’s HIV status, or to otherwise violate
16provisions of Section 54 of the Civil Code, the Americans With
17Disabilities Act of 1990 (Public Law 101-336), or the California
18Fair Employment and Housing Act (Part 2.8 (commencing with
19Section 12900) of Division 3 of Title 2 of the Government Code),
20which prohibit discrimination against individuals who are living
21with HIV, who test positive for HIV, or who are presumed to be
22HIV-positive.

23(h) After the results of a test performed pursuant to this section
24have been received, the medical care provider or the person who
25administers the test shall ensure that the patient receives timely
26information and counseling, as appropriate, to explain the results
27and the implications for the patient’s health. If the patient tests
28positive for HIV infection, the medical provider or the person who
29administers the test shall inform the patient that there are numerous
30treatment options available and identify followup testing and care
31that may be recommended, including contact information for
32medical and psychological services. If the patient tests negative
33for HIV infection and is determined to be at high risk for HIV
34infection by the medical provider or person administering the test,
35the medical provider or the person who administers the test shall
36advise the patient of the need for periodic retesting, explain the
37limitations of current testing technology and the current window
38period for verification of results, and provide information about
39begin delete the effectiveness and safety of allend delete methods that prevent or reduce
40the risk of contracting HIV, including, but not limited to,
P4    1preexposure prophylaxis and postexposure prophylaxis, consistent
2with guidance of the federal Centers for Disease Control and
3Prevention, and may offer prevention counseling or a referral to
4prevention counseling.

5(i) This section shall not apply to a clinical laboratory.



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