BILL NUMBER: AB 2280	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 22, 2006

   An act to add Section 120846 to the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2280, as introduced, Leno  HIV counseling.
   Existing law provides for various programs relating to treatment
of persons with human immunodeficiency virus (HIV) and the acquired
immune deficiency syndrome (AIDS).
   This bill would require the State Department of Health Services,
no later than July 1, 2007, to develop a counseling model for all
persons who receive HIV testing at a publicly funded clinic,
containing specified components, including, among other things, risk
assessment, data collection, and prevention education.
   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.  (a) The Legislature finds and declares all of the
following:
   (1) Best practice models of human immunodeficiency virus (HIV)
counseling that grew out of early HIV testing have not kept pace with
the changes in the human immunodeficiency virus (HIV)/acquired
immune deficiency syndrome (AIDS) epidemic.
   (2) The availability of rapid HIV testing, in which a person can
get a preliminary reading of their HIV status in about 20 minutes,
has illuminated weaknesses in the current counseling model.
   (3) The availability of treatment has turned HIV from a virtual
death sentence to a managed chronic medical condition.
   (4) Counseling of persons getting an HIV test has been focused on
educating people about HIV prevention techniques, collecting
epidemiological data, and referring people with a positive test
result to treatment.
   (5) An increasing number of test subjects are persons at low risk
for exposure to HIV, and serial testers are typically those persons
who are tested on a regular basis.
   (6) The current counseling model employs the same tactics
regardless of whether the test subject is at low or high risk of
exposure and whether the test subject is a first-time tester or is a
serial tester.
   (7) While any person who seeks an HIV test should be able to get
one, the limited resources available for testing demand that
confidential and anonymous testing clinics be flexible in terms of
how counseling is delivered.
   (b) It is the intent of the Legislature that a new HIV counseling
model be developed that allows clinics to increase the number of
persons seeking a HIV test to be able to be tested, and appropriately
reimburses clinics for the services provided to those persons.
  SEC. 2.  Section 120846 is added to the Health and Safety Code, to
read:
   120846.  (a) The department shall, no later than July 1, 2007,
develop a counseling model for all persons who receive HIV testing at
a publicly funded clinic. The model shall include all of the
following components:
   (1) A brief risk-assessment mechanism developed by the department
that allows a clinic to ascertain whether a person seeking testing is
at low or high risk of exposure to HIV. This mechanism shall not be
used to deny testing to a subject who requests it.
   (2) A data collection form that shall be self-administered by the
test subject, and that includes only questions that must be reported
in accordance with existing state and federal epidemiology report
requirements. Additional questions may be added only if new state or
federal epidemiology reports are required. The form may be completed
with the assistance of a counselor at the request of the test
subject.
   (3) A prevention education module that comprehensively covers all
pertinent information relative to methods by which a person can
protect himself or herself or his or her sexual or needle-sharing
partners from exposure to HIV. The module may be administered
individually or in small groups.
   (b) The model shall give flexibility to clinics to determine the
extent of counseling provided to a test subject based on a test
subject's risk factors or frequency of HIV testing, except that every
person shall be subject subdivision (a).
   (c) The model shall give flexibility to clinics to provide
counseling to couples or small groups, as appropriate.
   (d) The model shall require additional counseling for a test
subject whose preliminary test result is positive.  This additional
counseling shall include, as needed by the test subject, emotional
support, information on confirmatory testing, referral to care and
treating opportunities, and a review of methods to prevent exposing
others to HIV.
   (e) The department shall develop a reimbursement schedule that
accurately reflects the range of services provided under this model.
It is the intent of the Legislature that this new model and
reimbursement schedule be cost-neutral, except to the extent that
there is an increase in the volume of test subjects.