California Assembly Bill AB2179 Amended / Bill

 BILL NUMBER: AB 2179AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 30, 2016 AMENDED IN ASSEMBLY MARCH 28, 2016 INTRODUCED BY Assembly Member Gipson FEBRUARY 18, 2016 An act to add Section 122440 to the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST AB 2179, as amended, Gipson. Hepatitis C testing. 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 immunodeficiency syndrome (AIDS). Existing law authorizes an HIV counselor who receives specified training and works in specified counseling and testing sites to perform HIV, hepatitis C virus (HCV), or combined HIV/HCV tests, including performing skin punctures for purposes of withdrawing blood for purposes of these tests, as specified. This bill would authorize a  hepatis C counselor, who meets specified requirements comparable to the requirements specified for an HIV counselor, to perform HCV tests in the manner described above with respect to HCV testing by an HIV counselor.   hepatitis C counselor who receives specified training and works in described counseling and testing sites to perform HCV tests.  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 122440 is added to the Health and Safety Code, to read: 122440. (a) A hepatitis C counselor who meets the requirements of subdivision (d) may do all of the following: (1) Perform any hepatitis C virus (HCV) test that is classified as waived under the federal Clinical Laboratory Improvement Act (CLIA) (42 U.S.C. Sec. 263a et seq.) if all of the following conditions exist: (A) The performance of the HCV test meets the requirements of CLIA  and, subject to subparagraph (B),   and  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, a hepatitis C counselor may perform skin punctures for the purpose of withdrawing blood for HCV 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  either  rapid test proficiency for skin puncture blood tests  or 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 HCV 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, a hepatitis C counselor who meets the requirements of subdivision (d) shall be "other health care personnel providing direct patient care" as referred to in paragraph (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 HCV exposure 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 HCV test. This subdivision does not allow a hepatitis C counselor to perform any HCV test that is not classified as waived under CLIA. (2) Notwithstanding Section 1246.5 of the Business and Professions Code, order and report HCV test results from tests performed pursuant to paragraph (1) to patients without authorization from a licensed health care practitioner or his or her authorized representative. A patient who has an indeterminate or positive test result from tests performed pursuant to paragraph (1) shall be referred to a licensed health care practitioner whose scope of practice includes the authority to refer a patient for laboratory testing for further evaluation. (b) A hepatitis C counselor who meets the requirements of this section with respect to performing any HCV test that is classified as waived under CLIA may not perform any other test unless that person meets the statutory and regulatory requirements for performing that other test. (c)  This section does not certify a hepatitis C counselor as a phlebotomy technician or a limited phlebotomy technician.  Compliance with this section does not fulfill any requirements for certification as a phlebotomy technician or a limited phlebotomy technician, unless the hepatitis C counselor has otherwise satisfied the certification requirements imposed pursuant to Section 1246 of the Business and Professions Code. (d) A hepatitis C counselor shall meet one of the following criteria: (1) 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. (2) Is working in an HIV counseling and testing site that meets both of the following criteria: (A) Utilizes HIV counseling staff who are trained by the Office of AIDS or its agents to provide both HIV counseling and testing and hepatitis C counseling and testing. (B) 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.   as specified by the State Department of Public Health.  (3) Is working at a site approved by the local health department to provide hepatitis C rapid testing and counseling, and has been trained using a curriculum approved by the local health department or the State Department of Public Health, which, at a minimum, provides training in universal precautions, safe working conditions, proper running and reading of hepatitis C rapid test kit technology, and providing accurate information to clients including the importance of confirmatory tests, linkages to medical care, and the prevention of hepatitis C transmission.