BILL NUMBER: AB 1382 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Roger Hernández
FEBRUARY 18, 2011
An act to amend Section 120917 of the Health and Safety Code,
relating to communicable diseases.
LEGISLATIVE COUNSEL'S DIGEST
AB 1382, as introduced, Roger Hernández. HIV counselors.
Existing law establishes the Office of AIDS in the State
Department of Public Health and defines human immunodeficiency virus
(HIV) as the etiologic agent of acquired immune deficiency syndrome
(AIDS). Existing law authorizes HIV counselors that meet specified
requirements to perform skin punctures for purposes of withdrawing
blood for HIV test purposes.
This bill would make technical, nonsubstantive changes to these
provisions, including deleting an obsolete cross-reference.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 120917 of the Health and Safety Code is amended
to read:
120917. (a) An HIV counselor who meets the requirements of
subdivision (e) may do all of the following:
(1) Perform any HIV test that is classified as waived under the
federal Clinical Laboratory Improvement Act (CLIA) (42 U.S.C. Sec.
263a and following) if all of the following conditions exist:
(A) The performance of the HIV test meets the requirements of CLIA
and, subject to subparagraph (B), Chapter 3 (commencing with Section
1200) of Division 2 of the Business and Professions Code.
(B) Notwithstanding Section 1246 of the Business and Professions
Code, an HIV counselor may perform skin punctures for the purpose of
withdrawing blood for HIV testing, upon specific authorization from a
licensed physician and surgeon, provided that the person meets both
of the following requirements:
(i) He or she works under the direction of a licensed physician
and surgeon.
(ii) He or she has been trained in both rapid HIV test proficiency
for skin puncture blood tests and 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.
(C) The person performing the HIV test meets the requirements for
the performance of waived laboratory testing pursuant to subdivision
(a) of Section 1206.5 of the Business and Professions Code. For
purposes of this subdivision and subdivision (a) of Section 1206.5 of
the Business and Professions Code, an HIV counselor who meets the
requirements of subdivision (e) shall be "other health care personnel
providing direct patient care" as referred to in paragraph
(12) (13) of subdivision (a) of Section 1206.5
of the Business and Professions Code.
(D) The patient is informed that the preliminary result of the
test is indicative of the likelihood of HIV infection and that the
result must be confirmed by an additional more specific test, or, if
approved by the federal Centers for Disease Control and Prevention
for that purpose, a second different rapid HIV test. Nothing in this
subdivision shall be construed to allow an HIV counselor to perform
any HIV test that is not classified as waived under the CLIA.
(2) Notwithstanding Sections 1246.5 and 2053
Section 1246.5 of the Business and Professions Code, order
and report HIV test results from tests performed pursuant to
paragraph (1) to patients without authorization from a licensed
health care professional or his or her authorized representative.
Patients with indeterminate or positive test results from tests
performed pursuant to paragraph (1) shall be referred to a licensed
health care provider whose scope of practice includes the authority
to refer patients for laboratory testing for further evaluation.
(b) An HIV counselor who has been certified pursuant to
subdivision (b) of Section 120871 prior to September 1, 2009, and who
will administer rapid HIV skin puncture tests shall obtain training
required by clause (ii) of subparagraph (B) of paragraph (1) of
subdivision (a) prior to September 1, 2011. The HIV counselor shall
not, unless also certified as a limited phlebotomist technician,
perform a skin puncture pursuant to this section until he or she has
completed the training required by that clause.
(c) An HIV counselor who meets the requirements of this section
with respect to performing any HIV test that is classified as waived
under the CLIA may not perform any other test unless that person
meets the statutory and regulatory requirements for performing that
other test.
(d) This section shall not be construed to certify an HIV
counselor as a phlebotomy technician or a limited phlebotomy
technician, or to fulfill any requirements for certification as a
phlebotomy technician or a limited phlebotomy technician, unless the
HIV counselor has otherwise satisfied the certification requirements
imposed pursuant to Section 1246 of the Business and Professions
Code.
(e) (1) An HIV counselor shall meet one of the following criteria:
(A) Is trained by the Office of AIDS and working in an HIV
counseling and testing site funded by the department through a local
health jurisdiction, or its agents.
(B) Is working in an HIV counseling and testing site that meets
both of the following criteria:
(i) Utilizes HIV counseling staff who are trained by the Office of
AIDS or its agents.
(ii) Has a quality assurance plan approved by the local health
department in the jurisdiction where the site is located and has HIV
counseling and testing staff who comply with the quality assurance
requirements specified in Section 1230 of Article 1 of Group 9 of
Subchapter 1 of Chapter 2 of Division 1 of Title 17 of the California
Code of Regulations.
(2) (A) The Office of AIDS or its agents may charge a fee for
training HIV counseling staff.
(B) The local health department may charge a fee for the quality
assurance plan approval.