BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2280|
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THIRD READING
Bill No: AB 2280
Author: Leno (D)
Amended: 8/22/06 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 9-0, 06/21/06
AYES: Ortiz, Runner, Aanestad, Alquist, Chesbro, Cox,
Figueroa, Kuehl, Maldonado
SENATE APPROPRIATIONS COMMITTEE : 13-0, 8/17/06
AYES: Murray, Aanestad, Alarcon, Alquist, Ashburn, Battin,
Dutton, Escutia, Florez, Ortiz, Poochigian, Romero,
Torlakson
ASSEMBLY FLOOR : 80-0, 5/30/06 - See last page for vote
SUBJECT : Sexually transmitted diseases
SOURCE : AIDS Healthcare Foundation
DIGEST : This bill requires the Department of Health
Services to develop a counseling model for all persons who
receive human immunodeficiency virus (HIV) testing at a
clinic that receives funding for HIV testing, expands
provisions of current law to allow specified medical
providers to offer patient-delivered therapy to partners of
individuals diagnosed with gonorrhea or other
sexually-transmitted diseases.
ANALYSIS :
CONTINUED
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Existing law:
1.Provides for various programs relating to treatment of
persons HIV and the acquired immune deficiency syndrome
(AIDS).
2.Requires an individual to provide informed consent prior
to taking an HIV test.
3.Requires the Department of Health Services (DHS) to
authorize training programs for counselors participating
in publicly funded HIV testing programs.
4.Permits specified health care providers who diagnose a
sexually transmitted chlamydia infection to prescribe,
dispense, furnish and/or otherwise provide prescription
antibiotic drugs to that patient's sexual partner(s)
without examination of the partner(s), commonly referred
to as patient-delivered therapy.
This bill:
1.Makes a number of findings and declarations regarding the
incidence of sexually-transmitted diseases, including
gonorrhea, and best practice models of HIV counseling and
testing.
2.Requires DHS, no later than July 1, 2007, to develop a
counseling model for all persons who receive HIV testing
at a test site or clinic that receives state funding for
HIV testing, and requires DHS to consider including the
following in the counseling model:
A. A brief risk-assessment mechanism developed by DHS
that allows a clinic to ascertain whether a person
seeking testing is at low or high risk of exposure
to HIV.
B. A data collection form that may 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.
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C. 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 needle-sharing partners from
exposure to HIV.
D. Flexibility for 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.
E. Flexibility for clinics to provide counseling to
couples or small groups, as appropriate.
F. Additional counseling for a test subject whose
preliminary test result Is positive including, as
needed by the test subject, emotional support,
information on confirmatory testing, referral to
care and treatment opportunities, and a review of
methods to prevent exposing others to HIV.
3.Requires DHS to develop a reimbursement schedule that
accurately reflects the range of services provided under
this model and ensures that a contractor is reimbursed
for individual services.
4.States that it is the intent of the Legislature that the
reimbursement schedule be designed to encourage
contractors to provide only those services that are
appropriate for each test subject and 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.
5.Permits a physician, nurse practitioner and other
specified health care providers who diagnoses specified
sexually transmitted diseases in a patient to prescribe,
dispense, furnish and/or otherwise provide prescription
antibiotics to the patient's sexual partner(s) without
examination of the partner(s).
6.Requires DHS to determine if a given sexually-transmitted
disease is suitable for patient-delivered therapy.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2006-07 2007-08 2008-09
Fund
Additional testing $0 $2,475$0GF
Regulation development $200 $0 $0GF
SUPPORT : (Verified 6/21/06)
AIDS Healthcare Foundation (source)
American College of Obstetricians & Gynecologists
(California)
Bienestar Human Services, Inc.
California National Organization for Women
Center for AIDS Research, Education and Services
Drug Policy Alliance Network
Gay and Lesbian Adolescent Social Services
Lambda Letters Project
San Francisco AIDS Foundation
ARGUMENTS IN SUPPORT : Supporters state that best
practice models of HIV testing have not kept pace with the
changes in the HIV/AIDS epidemic. The availability of
rapid HIV testing has created opportunities to streamline
the current counseling model, especially for test subjects
who are at low-risk for HIV or who are repeat clients who
are tested on a regular basis and must undergo the same
counseling protocol repeatedly. Streamlining the HIV test
counseling model will enable local health agencies and
service providers to focus counseling resources on those
who need the most, while increasing capacity to accommodate
everyone who seeks HIV testing.
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
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Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,
Goldberg, Hancock, Harman, Haynes, Jerome Horton, Shirley
Horton, Houston, Huff, Jones, Karnette, Keene, Klehs,
Koretz, La Malfa, La Suer, Laird, Leno, Leslie, Levine,
Lieber, Lieu, Liu, Matthews, Maze, McCarthy, Montanez,
Mountjoy, Mullin, Nakanishi, Nation, Nava, Negrete
McLeod, Niello, Oropeza, Parra, Pavley, Plescia, Richman,
Ridley-Thomas, Sharon Runner, Ruskin, Saldana, Salinas,
Spitzer, Strickland, Torrico, Tran, Umberg, Vargas,
Villines, Walters, Wolk, Wyland, Yee, Nunez
CTW:nl 8/22/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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