BILL NUMBER: AB 521	AMENDED
	BILL TEXT

	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 to   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 to   blood  
drawn in  a general acute care hospital after  having
blood drawn at   being admitted to the hospital through
 the hospital emergency department.  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) A patient who either has blood drawn at a primary
care clinic or who has  been   blood drawn in a
hospital after being  admitted to  a   the
 hospital  after having blood drawn at  
through  the hospital emergency department, and who has
consented to the HIV test pursuant to Section 120990
  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. 
   (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.  
   (f) 
    (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.