BILL ANALYSIS
AB 221
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CONCURRENCE IN SENATE AMENDMENTS
AB 221 (Portantino)
As Amended August 17, 2009
2/3 vote. Urgency
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|ASSEMBLY: |74-0 |(May 14, 2009) |SENATE: |35-3 |(September 3, |
| | | | | |2009) |
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Original Committee Reference: B. & P.
SUMMARY : Permits HIV counselors to perform skin punctures to
withdraw blood for HIV testing, as specified.
The Senate amendments :
1)Permit an HIV counselor to perform specified HIV tests if he
or she has been trained in both rapid HIV test proficiency for
skin puncture blood tests, oral swab tests, and in universal
infection control precautions, consistent with best infection
control practices established by the Division of Occupational
Safety and Health in the Department of Industrial Relations
and the federal Centers for Disease Control and Prevention
(CDC).
2)State that a second, confirming test must be approved by CDC,
not the Food and Drug Administration.
3)State that the specified HIV training shall not be construed
to certify an HIV counselor as a phlebotomy technician (PT) or
a limited phlebotomy technician (LPT), or to fulfill any
requirements for certification as a PT or a LPT, unless the
HIV counselor has otherwise satisfied the certification, as
specified.
4)Delete the skin puncture training options for an HIV counselor
to be trained by a licensed physician and surgeon or by a
licensed clinical laboratory scientist and bioanalyst, and the
requirement that the HIV counselor have a statement signed by
the instructing physician and surgeon, scientist, or
bioanalyst that the training has been completed.
5)Delete the provision of law permitting an HIV counselor
trained, as specified, to be deemed to have demonstrated
AB 221
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sufficient literacy and comprehension to advance to the LPT
training and may substitute successful completion of the HIV
counselor curriculum for the requirement for a high school
diploma or General Education Development equivalent for a LPT,
as specified.
6)Require an HIV counselor who was certified prior to September
1, 2009, to obtain the specified training by September 1,
2011.
7)Delete provisions of current law that relate to the use of
rapid HIV tests.
8)Add an urgency clause.
EXISTING LAW permits the Office of AIDS (Office) in the
department to participate in a rapid HIV test research program
conducted with CDC. Under this program, HIV counselors trained
by the Office may perform skin punctures for purposes of
withdrawing blood for test purposes, if the HIV counselor meets
prescribed requirements, including holding a valid certification
as a LPT by DPH.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)No direct fiscal impact to authorize counselors meeting
specified oversight, training, and supervisory requirements to
conduct rapid HIV testing via skin punctures.
2)Minor savings to the extent rapid skin tests become less
administratively burdensome and costly to employers who are
required to provide approximately $2,500 in training per
employee to meet current phlebotomy training requirements.
3)Minor savings in testing costs to the extent this bill results
in a shift from a more expensive oral swab test ($12) to a
less expensive skin puncture test ($7). Due to recent budget
cuts, the statewide budget for HIV testing has been reduced
from $10.4 million to $9.8 million. This bill helps ensure
more people are tested with fewer resources.
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4)Major potential savings per 10 infections prevented. $3
million in public savings will accrue to the extent this bill
results in informing 10 additional HIV-positive individuals of
their status who would otherwise not be tested. This estimate
assumes a $300,000 (cumulative lifetime savings) lifetime
savings per individual as quantified by research. Research
indicates many HIV-positive individuals, once informed of
their status, make behavior changes that reduce transmission
of the virus.
Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301
FN:
0002363