BILL NUMBER: AB 521	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 29, 2015
	AMENDED IN SENATE  JUNE 19, 2015
	AMENDED IN ASSEMBLY  JUNE 2, 2015
	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,
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 patient
who  has been admitted as an inpatient to a general acute care
hospital through the emergency department and  has blood drawn
 in a general acute care hospital  after being
admitted to the  hospital through the hospital emergency
department.   hospital. The bill would specify that the
emergency department is not responsible for offering the 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) A patient who either has blood drawn at a primary
care clinic or who  has been admitted as an inpatient to a
hospital through the emergency department and  has blood drawn
 in a hospital  after being admitted to the hospital
 through the hospital emergency department  , and
who has consented to the HIV test pursuant to Section 120990, shall
be offered an HIV test.  The emergency department shall not be
responsible for offering an HIV test.  The primary care or
hospital 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 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 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 from charging a patient to cover the cost of HIV testing.
The primary care clinic or hospital shall be deemed to have complied
with this section if an HIV test is offered.
   (d) A primary care clinic or hospital 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 shall
comply with subdivision (h) of Section 120990.
   (e) 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.