BILL NUMBER: AB 521	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2015
	AMENDED IN ASSEMBLY  APRIL 14, 2015

INTRODUCED BY   Assembly Member Nazarian

                        FEBRUARY 23, 2015

   An act to amend Section 120991 of the Health and Safety Code,
relating to HIV testing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 521, as amended, Nazarian. HIV testing.
   Existing law requires that every patient who has blood drawn at a
primary care clinic, as defined, and who has consented to the test to
be offered an HIV test that is consistent with the United States
Preventive Services Task Force recommendations for screening for HIV
infection. Existing law specifies the manner in which the results of
that test are provided.
   This bill would, additionally, apply those provisions to a general
acute care hospital. The bill would authorize a hospital emergency
department to comply with certain requirements to provide
information, counseling, and advice to a patient after the results of
an HIV test have been received by providing the patient with printed
material that includes that information and advice. The bill
would exempt a hospital emergency department from the testing
requirements if the personnel in the emergency department determine
that the person is being treated for a life-threatening emergency or
if the person lacks the capacity to consent to an HIV test. 
   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.  Section 120991 of the Health and Safety Code is amended
to read:
   120991.  (a) Each patient who has blood drawn at a primary care
clinic or hospital emergency department and who has consented to the
HIV test pursuant to Section 120990 shall be offered an HIV test. The
primary care or hospital emergency department clinician shall offer
an HIV test consistent with the United States Preventive Services
Task Force recommendation for screening HIV infection. This
subdivision shall not apply if the primary care clinic or hospital
emergency department has tested the patient for HIV or if the patient
has been offered the HIV test and declined the test within the
previous 12 months. Any subsequent testing of a patient who has been
tested by the primary care clinic or hospital emergency department
shall be consistent with the most recent guidelines issued by the
United States Preventive Services Task Force.
   (b) HIV testing of minors 12 years of age or older shall comply
with Section 6926 of the Family Code.
   (c) This section shall not prohibit a primary care clinic or
hospital emergency department from charging a patient to cover the
cost of HIV testing. The primary care clinic or hospital emergency
department shall be deemed to have complied with this section if an
HIV test is offered.
   (d) A primary care clinic or hospital emergency department shall
attempt to provide test results to the patient before he or she
leaves the facility. If that is not possible, the facility may inform
the patient who tests negative for HIV by letter or by telephone,
and shall inform a patient with a positive test result in a manner
consistent with state law. However, in any case, the primary care
clinic or hospital emergency department shall comply with subdivision
(h) of Section 120990. A hospital emergency department is deemed to
be in compliance with subdivision (h) of Section 120990 if the
hospital emergency department provides printed material to the
patient that includes the information and advice described in that
subdivision. 
   (e) A hospital emergency department shall not be required to
comply with this section if medical personnel in the emergency
department determine that the person is being treated for a
life-threatening emergency or if they determine that the person lacks
the capacity to consent to an HIV test.  
   (e) 
    (f)  For purposes of this section, the following terms
have the following meanings:
   (1) "Hospital" means a general acute care hospital as defined in
subdivision (a) of Section 1250.
   (2) "Primary care clinic" means a primary care clinic as defined
in subdivision (a) of Section 1204 or subdivision (g), (h), or (j) of
Section 1206.