California Assembly Bill AB521 Amended / Bill

 BILL NUMBER: AB 521AMENDED 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.