BILL ANALYSIS �
SB 422
Page 1
SENATE THIRD READING
SB 422 (Wright)
As Amended April 25, 2011
Majority vote
SENATE VOTE :39-1
HEALTH 19-0 JUDICIARY 9-0
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|Ayes:|Monning, Logue, Ammiano, |Ayes:|Feuer, Wagner, Atkins, |
| |Atkins, Bonilla, Eng, | |Dickinson, Beth Gaines, |
| |Garrick, Gordon, Hayashi, | |Huber, Jones, Monning, |
| |Roger Hern�ndez, | |Wieckowski |
| |Bonnie Lowenthal, | | |
| |Mansoor, Mitchell, | | |
| |Nestande, Pan, | | |
| |V. Manuel P�rez, Silva, | | |
| |Smyth, Williams | | |
| | | | |
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SUMMARY : Revises existing law that permits the sharing of
information related to a positive HIV test between a physician,
a local health officer, and the HIV-positive person's sexual
partner, spouse, and/or persons with whom hypodermic needles
have been shared. Specifically, this bill :
1)Includes the "designated staff of the local public health
agency for HIV partner services" among the people to whom a
physician, who has a confirmed positive test for HIV of an
individual, may disclose that information without criminal or
civil liability.
2)Permits disclosure of identifying information of a person who
tests positive for HIV with the written consent of the
individual, as specified.
3)Exempts from civil and criminal liability a local health
officer and the designated local public health agency staff
for HIV partner services who alert the other specified people
about a positive HIV result.
4)Makes technical, conforming changes.
SB 422
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FISCAL EFFECT : None
COMMENTS : According to the author, there is a need to specify a
legal process for a physician to identify an HIV-infected
patient to designated local public health staff, so that the
patient can be interviewed for information about exposed
partners. Current law can be interpreted as absolutely
prohibiting a physician from identifying a patient to local
public health for partner services. Only if the local public
health staff know who the patient is and how to reach him or
her, can it be possible for an experienced public health partner
services specialist to communicate with the patient to encourage
him or her to identify all possible exposed persons and how the
public health specialist can help to contact them. The author
states that this bill would make it easier to achieve effective
partner notification and better empower California's local
public health departments to help to prevent the spread of HIV.
The author states that public health staff would not feel
constrained about contacting, alerting, and referring those
exposed partners for testing and counseling to help prevent more
HIV infections, or to provide care if they are already infected.
Additionally, the author asserts there were be less pressure to
prematurely expunge information related to the partners from
public health records.
The Federal Centers for Disease Control and Prevention (CDC)
estimates that more than one million people are living with HIV
in the United States (U.S.). Despite increases in the total
number of people living with HIV in the U.S. in recent years,
the annual number of new HIV infections has remained relatively
stable. However, new infections continue at far too high a
level, with an estimated 56,300 Americans becoming infected with
HIV each year. More than 18,000 people with AIDS still die each
year in the U.S. Gay, bisexual, and other men who have sex with
men (MSM) are strongly affected and represent the majority of
persons who have died. Through 2007, more than 576,000 people
with AIDS in the U.S. have died since the epidemic began. Among
racial/ethnic groups, African Americans face the most severe
burden of HIV/AIDS in the nation. While blacks represent
approximately 12% of the U.S. population, they account for 46%
of people living with HIV in the U.S., as well as 45% of new
infections each year. MSM account for 53% of all new HIV
infections in the U.S. each year, and 48% of people living with
HIV. Individuals infected through heterosexual contact account
SB 422
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for 31% of annual new HIV infections and 28% of people living
with HIV. Women account for 27% of annual new HIV infections
and 25% of those living with HIV. Finally, injection drug users
represent 12% of annual new HIV infections and 19% of those
living with HIV.
Beyond AIDS writes that this bill will connect the dots to
improve current law by empowering necessary public health
communication for the prevention and control of the spread of
HIV infections. The California Medical Association writes that
it is very important that physicians are able to communicate
with the appropriate personnel to help control the transmission
of HIV. The California Academy of Preventive Medicine states
that by facilitating communication and disclosure among health
departments, health care providers, and patients, this bill can
result in more complete and accurate surveillance to track who
is being infected with HIV, so that preventive efforts can be
targeted to the people at risk. The Infectious Disease
Association of California writes that when providing information
about suspected contacts to a local health officer, an HIV
positive patient cannot be identified to allow the health
department staff to interview him or her in order to get
information that they do not have time and techniques to
collect, and that this bill will help assure such communication
is possible.
Analysis Prepared by : Melanie Moreno / HEALTH / (916)
319-2097
FN: 0001460