CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 932Introduced by Senator Wiener(Principal coauthor: Senator Lena Gonzalez)February 05, 2020 An act to amend Section 120917 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTSB 932, as introduced, Wiener. HIV counselors.Under existing law, the State Department of Public Health licenses, registers, and regulates clinical laboratories and various clinical laboratory personnel. 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. Under existing law, an HIV counselor must receive training directly from the Office of AIDS or work directly with HIV counseling staff that have been trained by the Office of AIDS or its agents. This bill would authorize an HIV counselor to also perform a rapid STI test, or any combination HIV/HCV/STI test, as specified. The bill would also allow HIV counselors to receive HIV counseling training through a training course that has been certified by the Office of AIDS.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 120917 of the Health and Safety Code is amended to read:120917. (a) An HIV counselor who meets the requirements of subdivision (e) may do all of the following:(1) Perform any HIV, hepatitis C virus (HCV), or other sexually transmitted infection (STI) test, or any combination HIV/HCV HIV/HCV/STI test that is classified as waived under the federal Clinical Laboratory Improvement Act (CLIA) (42 U.S.C. Sec. 263a and following) if all of the following conditions exist:(A) The performance of the HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test meets the requirements of CLIA and, subject to subparagraph (B), 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, an HIV counselor may perform skin punctures for the purpose of withdrawing blood for HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI testing, upon specific authorization from a licensed physician and surgeon, provided that the person meets both of the following requirements:(i) He or she The HIV counselor works under the direction of a licensed physician and surgeon.(ii) He or she The HIV counselor has been trained in both trained, and is proficient, in administering rapid HIV, HCV, or other STI tests, or any combination HIV/HCV test proficiency for skin puncture blood tests and oral swab tests HIV/HCV/STI test, 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 HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI 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, an HIV counselor who meets the requirements of subdivision (e) 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 HIV infection or HCV exposure infection, HCV exposure, or other STI exposure and that the result must may need to 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 HIV, HCV, or other STI test, or combination HIV/HCV HIV/HCV/STI test. Nothing in this subdivision shall be construed to allow an HIV counselor to perform any HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test that is not classified as waived under the CLIA.(2) Notwithstanding Section 1246.5 of the Business and Professions Code, order and report HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test results from tests performed pursuant to paragraph (1) to patients without authorization from a licensed health care professional or his or her the health care professionals authorized representative. Patients with indeterminate or positive test results from tests performed pursuant to paragraph (1) shall be referred to a licensed health care provider whose scope of practice includes the authority to refer patients for laboratory testing for further evaluation.(b) An HIV counselor who has been certified pursuant to subdivision (b) of Section 120871 prior to September 1, 2009, and who will administer rapid HIV, HCV, or other STI tests, or any combination HIV/HCV HIV/HCV/STI skin puncture tests shall obtain training required by clause (ii) of subparagraph (B) of paragraph (1) of subdivision (a) prior to September 1, 2011. The HIV counselor shall not, unless also certified as a limited phlebotomist technician, perform a skin puncture pursuant to this section until he or she the HIV counselor has completed the training required by that clause.(c) An HIV counselor who meets the requirements of this section with respect to performing any HIV, HCV, or other STI tests, or any combination HIV/HCV HIV/HCV/STI test that is classified as waived under the CLIA may not perform any other test unless that person meets the statutory and regulatory requirements for performing that other test.(d) This section shall not be construed to certify an HIV counselor as a phlebotomy technician or a limited phlebotomy technician, or to fulfill any requirements for certification as a phlebotomy technician or a limited phlebotomy technician, unless the HIV counselor has otherwise satisfied the certification requirements imposed pursuant to Section 1246 of the Business and Professions Code.(e) (1) An HIV counselor shall meet one of the following criteria:(A) 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.(B) Is working in an HIV counseling and testing site that meets both of the following criteria:(i) Utilizes HIV counseling staff who are trained by the Office of AIDS or its agents.(ii) 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.(C) Has completed an HIV counseling training course that has been approved by the Office of AIDS.(2) (A) The Office of AIDS or its agents may charge a fee for training HIV counseling staff.(B) The local health department may charge a fee for the quality assurance plan approval.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 932Introduced by Senator Wiener(Principal coauthor: Senator Lena Gonzalez)February 05, 2020 An act to amend Section 120917 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTSB 932, as introduced, Wiener. HIV counselors.Under existing law, the State Department of Public Health licenses, registers, and regulates clinical laboratories and various clinical laboratory personnel. 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. Under existing law, an HIV counselor must receive training directly from the Office of AIDS or work directly with HIV counseling staff that have been trained by the Office of AIDS or its agents. This bill would authorize an HIV counselor to also perform a rapid STI test, or any combination HIV/HCV/STI test, as specified. The bill would also allow HIV counselors to receive HIV counseling training through a training course that has been certified by the Office of AIDS.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill
No. 932
Introduced by Senator Wiener(Principal coauthor: Senator Lena Gonzalez)February 05, 2020
Introduced by Senator Wiener(Principal coauthor: Senator Lena Gonzalez)
February 05, 2020
An act to amend Section 120917 of the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 932, as introduced, Wiener. HIV counselors.
Under existing law, the State Department of Public Health licenses, registers, and regulates clinical laboratories and various clinical laboratory personnel. 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. Under existing law, an HIV counselor must receive training directly from the Office of AIDS or work directly with HIV counseling staff that have been trained by the Office of AIDS or its agents. This bill would authorize an HIV counselor to also perform a rapid STI test, or any combination HIV/HCV/STI test, as specified. The bill would also allow HIV counselors to receive HIV counseling training through a training course that has been certified by the Office of AIDS.
Under existing law, the State Department of Public Health licenses, registers, and regulates clinical laboratories and various clinical laboratory personnel. 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. Under existing law, an HIV counselor must receive training directly from the Office of AIDS or work directly with HIV counseling staff that have been trained by the Office of AIDS or its agents.
This bill would authorize an HIV counselor to also perform a rapid STI test, or any combination HIV/HCV/STI test, as specified. The bill would also allow HIV counselors to receive HIV counseling training through a training course that has been certified by the Office of AIDS.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 120917 of the Health and Safety Code is amended to read:120917. (a) An HIV counselor who meets the requirements of subdivision (e) may do all of the following:(1) Perform any HIV, hepatitis C virus (HCV), or other sexually transmitted infection (STI) test, or any combination HIV/HCV HIV/HCV/STI test that is classified as waived under the federal Clinical Laboratory Improvement Act (CLIA) (42 U.S.C. Sec. 263a and following) if all of the following conditions exist:(A) The performance of the HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test meets the requirements of CLIA and, subject to subparagraph (B), 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, an HIV counselor may perform skin punctures for the purpose of withdrawing blood for HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI testing, upon specific authorization from a licensed physician and surgeon, provided that the person meets both of the following requirements:(i) He or she The HIV counselor works under the direction of a licensed physician and surgeon.(ii) He or she The HIV counselor has been trained in both trained, and is proficient, in administering rapid HIV, HCV, or other STI tests, or any combination HIV/HCV test proficiency for skin puncture blood tests and oral swab tests HIV/HCV/STI test, 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 HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI 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, an HIV counselor who meets the requirements of subdivision (e) 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 HIV infection or HCV exposure infection, HCV exposure, or other STI exposure and that the result must may need to 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 HIV, HCV, or other STI test, or combination HIV/HCV HIV/HCV/STI test. Nothing in this subdivision shall be construed to allow an HIV counselor to perform any HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test that is not classified as waived under the CLIA.(2) Notwithstanding Section 1246.5 of the Business and Professions Code, order and report HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test results from tests performed pursuant to paragraph (1) to patients without authorization from a licensed health care professional or his or her the health care professionals authorized representative. Patients with indeterminate or positive test results from tests performed pursuant to paragraph (1) shall be referred to a licensed health care provider whose scope of practice includes the authority to refer patients for laboratory testing for further evaluation.(b) An HIV counselor who has been certified pursuant to subdivision (b) of Section 120871 prior to September 1, 2009, and who will administer rapid HIV, HCV, or other STI tests, or any combination HIV/HCV HIV/HCV/STI skin puncture tests shall obtain training required by clause (ii) of subparagraph (B) of paragraph (1) of subdivision (a) prior to September 1, 2011. The HIV counselor shall not, unless also certified as a limited phlebotomist technician, perform a skin puncture pursuant to this section until he or she the HIV counselor has completed the training required by that clause.(c) An HIV counselor who meets the requirements of this section with respect to performing any HIV, HCV, or other STI tests, or any combination HIV/HCV HIV/HCV/STI test that is classified as waived under the CLIA may not perform any other test unless that person meets the statutory and regulatory requirements for performing that other test.(d) This section shall not be construed to certify an HIV counselor as a phlebotomy technician or a limited phlebotomy technician, or to fulfill any requirements for certification as a phlebotomy technician or a limited phlebotomy technician, unless the HIV counselor has otherwise satisfied the certification requirements imposed pursuant to Section 1246 of the Business and Professions Code.(e) (1) An HIV counselor shall meet one of the following criteria:(A) 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.(B) Is working in an HIV counseling and testing site that meets both of the following criteria:(i) Utilizes HIV counseling staff who are trained by the Office of AIDS or its agents.(ii) 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.(C) Has completed an HIV counseling training course that has been approved by the Office of AIDS.(2) (A) The Office of AIDS or its agents may charge a fee for training HIV counseling staff.(B) The local health department may charge a fee for the quality assurance plan approval.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 120917 of the Health and Safety Code is amended to read:120917. (a) An HIV counselor who meets the requirements of subdivision (e) may do all of the following:(1) Perform any HIV, hepatitis C virus (HCV), or other sexually transmitted infection (STI) test, or any combination HIV/HCV HIV/HCV/STI test that is classified as waived under the federal Clinical Laboratory Improvement Act (CLIA) (42 U.S.C. Sec. 263a and following) if all of the following conditions exist:(A) The performance of the HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test meets the requirements of CLIA and, subject to subparagraph (B), 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, an HIV counselor may perform skin punctures for the purpose of withdrawing blood for HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI testing, upon specific authorization from a licensed physician and surgeon, provided that the person meets both of the following requirements:(i) He or she The HIV counselor works under the direction of a licensed physician and surgeon.(ii) He or she The HIV counselor has been trained in both trained, and is proficient, in administering rapid HIV, HCV, or other STI tests, or any combination HIV/HCV test proficiency for skin puncture blood tests and oral swab tests HIV/HCV/STI test, 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 HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI 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, an HIV counselor who meets the requirements of subdivision (e) 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 HIV infection or HCV exposure infection, HCV exposure, or other STI exposure and that the result must may need to 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 HIV, HCV, or other STI test, or combination HIV/HCV HIV/HCV/STI test. Nothing in this subdivision shall be construed to allow an HIV counselor to perform any HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test that is not classified as waived under the CLIA.(2) Notwithstanding Section 1246.5 of the Business and Professions Code, order and report HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test results from tests performed pursuant to paragraph (1) to patients without authorization from a licensed health care professional or his or her the health care professionals authorized representative. Patients with indeterminate or positive test results from tests performed pursuant to paragraph (1) shall be referred to a licensed health care provider whose scope of practice includes the authority to refer patients for laboratory testing for further evaluation.(b) An HIV counselor who has been certified pursuant to subdivision (b) of Section 120871 prior to September 1, 2009, and who will administer rapid HIV, HCV, or other STI tests, or any combination HIV/HCV HIV/HCV/STI skin puncture tests shall obtain training required by clause (ii) of subparagraph (B) of paragraph (1) of subdivision (a) prior to September 1, 2011. The HIV counselor shall not, unless also certified as a limited phlebotomist technician, perform a skin puncture pursuant to this section until he or she the HIV counselor has completed the training required by that clause.(c) An HIV counselor who meets the requirements of this section with respect to performing any HIV, HCV, or other STI tests, or any combination HIV/HCV HIV/HCV/STI test that is classified as waived under the CLIA may not perform any other test unless that person meets the statutory and regulatory requirements for performing that other test.(d) This section shall not be construed to certify an HIV counselor as a phlebotomy technician or a limited phlebotomy technician, or to fulfill any requirements for certification as a phlebotomy technician or a limited phlebotomy technician, unless the HIV counselor has otherwise satisfied the certification requirements imposed pursuant to Section 1246 of the Business and Professions Code.(e) (1) An HIV counselor shall meet one of the following criteria:(A) 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.(B) Is working in an HIV counseling and testing site that meets both of the following criteria:(i) Utilizes HIV counseling staff who are trained by the Office of AIDS or its agents.(ii) 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.(C) Has completed an HIV counseling training course that has been approved by the Office of AIDS.(2) (A) The Office of AIDS or its agents may charge a fee for training HIV counseling staff.(B) The local health department may charge a fee for the quality assurance plan approval.
SECTION 1. Section 120917 of the Health and Safety Code is amended to read:
### SECTION 1.
120917. (a) An HIV counselor who meets the requirements of subdivision (e) may do all of the following:(1) Perform any HIV, hepatitis C virus (HCV), or other sexually transmitted infection (STI) test, or any combination HIV/HCV HIV/HCV/STI test that is classified as waived under the federal Clinical Laboratory Improvement Act (CLIA) (42 U.S.C. Sec. 263a and following) if all of the following conditions exist:(A) The performance of the HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test meets the requirements of CLIA and, subject to subparagraph (B), 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, an HIV counselor may perform skin punctures for the purpose of withdrawing blood for HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI testing, upon specific authorization from a licensed physician and surgeon, provided that the person meets both of the following requirements:(i) He or she The HIV counselor works under the direction of a licensed physician and surgeon.(ii) He or she The HIV counselor has been trained in both trained, and is proficient, in administering rapid HIV, HCV, or other STI tests, or any combination HIV/HCV test proficiency for skin puncture blood tests and oral swab tests HIV/HCV/STI test, 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 HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI 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, an HIV counselor who meets the requirements of subdivision (e) 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 HIV infection or HCV exposure infection, HCV exposure, or other STI exposure and that the result must may need to 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 HIV, HCV, or other STI test, or combination HIV/HCV HIV/HCV/STI test. Nothing in this subdivision shall be construed to allow an HIV counselor to perform any HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test that is not classified as waived under the CLIA.(2) Notwithstanding Section 1246.5 of the Business and Professions Code, order and report HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test results from tests performed pursuant to paragraph (1) to patients without authorization from a licensed health care professional or his or her the health care professionals authorized representative. Patients with indeterminate or positive test results from tests performed pursuant to paragraph (1) shall be referred to a licensed health care provider whose scope of practice includes the authority to refer patients for laboratory testing for further evaluation.(b) An HIV counselor who has been certified pursuant to subdivision (b) of Section 120871 prior to September 1, 2009, and who will administer rapid HIV, HCV, or other STI tests, or any combination HIV/HCV HIV/HCV/STI skin puncture tests shall obtain training required by clause (ii) of subparagraph (B) of paragraph (1) of subdivision (a) prior to September 1, 2011. The HIV counselor shall not, unless also certified as a limited phlebotomist technician, perform a skin puncture pursuant to this section until he or she the HIV counselor has completed the training required by that clause.(c) An HIV counselor who meets the requirements of this section with respect to performing any HIV, HCV, or other STI tests, or any combination HIV/HCV HIV/HCV/STI test that is classified as waived under the CLIA may not perform any other test unless that person meets the statutory and regulatory requirements for performing that other test.(d) This section shall not be construed to certify an HIV counselor as a phlebotomy technician or a limited phlebotomy technician, or to fulfill any requirements for certification as a phlebotomy technician or a limited phlebotomy technician, unless the HIV counselor has otherwise satisfied the certification requirements imposed pursuant to Section 1246 of the Business and Professions Code.(e) (1) An HIV counselor shall meet one of the following criteria:(A) 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.(B) Is working in an HIV counseling and testing site that meets both of the following criteria:(i) Utilizes HIV counseling staff who are trained by the Office of AIDS or its agents.(ii) 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.(C) Has completed an HIV counseling training course that has been approved by the Office of AIDS.(2) (A) The Office of AIDS or its agents may charge a fee for training HIV counseling staff.(B) The local health department may charge a fee for the quality assurance plan approval.
120917. (a) An HIV counselor who meets the requirements of subdivision (e) may do all of the following:(1) Perform any HIV, hepatitis C virus (HCV), or other sexually transmitted infection (STI) test, or any combination HIV/HCV HIV/HCV/STI test that is classified as waived under the federal Clinical Laboratory Improvement Act (CLIA) (42 U.S.C. Sec. 263a and following) if all of the following conditions exist:(A) The performance of the HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test meets the requirements of CLIA and, subject to subparagraph (B), 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, an HIV counselor may perform skin punctures for the purpose of withdrawing blood for HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI testing, upon specific authorization from a licensed physician and surgeon, provided that the person meets both of the following requirements:(i) He or she The HIV counselor works under the direction of a licensed physician and surgeon.(ii) He or she The HIV counselor has been trained in both trained, and is proficient, in administering rapid HIV, HCV, or other STI tests, or any combination HIV/HCV test proficiency for skin puncture blood tests and oral swab tests HIV/HCV/STI test, 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 HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI 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, an HIV counselor who meets the requirements of subdivision (e) 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 HIV infection or HCV exposure infection, HCV exposure, or other STI exposure and that the result must may need to 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 HIV, HCV, or other STI test, or combination HIV/HCV HIV/HCV/STI test. Nothing in this subdivision shall be construed to allow an HIV counselor to perform any HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test that is not classified as waived under the CLIA.(2) Notwithstanding Section 1246.5 of the Business and Professions Code, order and report HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test results from tests performed pursuant to paragraph (1) to patients without authorization from a licensed health care professional or his or her the health care professionals authorized representative. Patients with indeterminate or positive test results from tests performed pursuant to paragraph (1) shall be referred to a licensed health care provider whose scope of practice includes the authority to refer patients for laboratory testing for further evaluation.(b) An HIV counselor who has been certified pursuant to subdivision (b) of Section 120871 prior to September 1, 2009, and who will administer rapid HIV, HCV, or other STI tests, or any combination HIV/HCV HIV/HCV/STI skin puncture tests shall obtain training required by clause (ii) of subparagraph (B) of paragraph (1) of subdivision (a) prior to September 1, 2011. The HIV counselor shall not, unless also certified as a limited phlebotomist technician, perform a skin puncture pursuant to this section until he or she the HIV counselor has completed the training required by that clause.(c) An HIV counselor who meets the requirements of this section with respect to performing any HIV, HCV, or other STI tests, or any combination HIV/HCV HIV/HCV/STI test that is classified as waived under the CLIA may not perform any other test unless that person meets the statutory and regulatory requirements for performing that other test.(d) This section shall not be construed to certify an HIV counselor as a phlebotomy technician or a limited phlebotomy technician, or to fulfill any requirements for certification as a phlebotomy technician or a limited phlebotomy technician, unless the HIV counselor has otherwise satisfied the certification requirements imposed pursuant to Section 1246 of the Business and Professions Code.(e) (1) An HIV counselor shall meet one of the following criteria:(A) 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.(B) Is working in an HIV counseling and testing site that meets both of the following criteria:(i) Utilizes HIV counseling staff who are trained by the Office of AIDS or its agents.(ii) 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.(C) Has completed an HIV counseling training course that has been approved by the Office of AIDS.(2) (A) The Office of AIDS or its agents may charge a fee for training HIV counseling staff.(B) The local health department may charge a fee for the quality assurance plan approval.
120917. (a) An HIV counselor who meets the requirements of subdivision (e) may do all of the following:(1) Perform any HIV, hepatitis C virus (HCV), or other sexually transmitted infection (STI) test, or any combination HIV/HCV HIV/HCV/STI test that is classified as waived under the federal Clinical Laboratory Improvement Act (CLIA) (42 U.S.C. Sec. 263a and following) if all of the following conditions exist:(A) The performance of the HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test meets the requirements of CLIA and, subject to subparagraph (B), 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, an HIV counselor may perform skin punctures for the purpose of withdrawing blood for HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI testing, upon specific authorization from a licensed physician and surgeon, provided that the person meets both of the following requirements:(i) He or she The HIV counselor works under the direction of a licensed physician and surgeon.(ii) He or she The HIV counselor has been trained in both trained, and is proficient, in administering rapid HIV, HCV, or other STI tests, or any combination HIV/HCV test proficiency for skin puncture blood tests and oral swab tests HIV/HCV/STI test, 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 HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI 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, an HIV counselor who meets the requirements of subdivision (e) 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 HIV infection or HCV exposure infection, HCV exposure, or other STI exposure and that the result must may need to 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 HIV, HCV, or other STI test, or combination HIV/HCV HIV/HCV/STI test. Nothing in this subdivision shall be construed to allow an HIV counselor to perform any HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test that is not classified as waived under the CLIA.(2) Notwithstanding Section 1246.5 of the Business and Professions Code, order and report HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test results from tests performed pursuant to paragraph (1) to patients without authorization from a licensed health care professional or his or her the health care professionals authorized representative. Patients with indeterminate or positive test results from tests performed pursuant to paragraph (1) shall be referred to a licensed health care provider whose scope of practice includes the authority to refer patients for laboratory testing for further evaluation.(b) An HIV counselor who has been certified pursuant to subdivision (b) of Section 120871 prior to September 1, 2009, and who will administer rapid HIV, HCV, or other STI tests, or any combination HIV/HCV HIV/HCV/STI skin puncture tests shall obtain training required by clause (ii) of subparagraph (B) of paragraph (1) of subdivision (a) prior to September 1, 2011. The HIV counselor shall not, unless also certified as a limited phlebotomist technician, perform a skin puncture pursuant to this section until he or she the HIV counselor has completed the training required by that clause.(c) An HIV counselor who meets the requirements of this section with respect to performing any HIV, HCV, or other STI tests, or any combination HIV/HCV HIV/HCV/STI test that is classified as waived under the CLIA may not perform any other test unless that person meets the statutory and regulatory requirements for performing that other test.(d) This section shall not be construed to certify an HIV counselor as a phlebotomy technician or a limited phlebotomy technician, or to fulfill any requirements for certification as a phlebotomy technician or a limited phlebotomy technician, unless the HIV counselor has otherwise satisfied the certification requirements imposed pursuant to Section 1246 of the Business and Professions Code.(e) (1) An HIV counselor shall meet one of the following criteria:(A) 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.(B) Is working in an HIV counseling and testing site that meets both of the following criteria:(i) Utilizes HIV counseling staff who are trained by the Office of AIDS or its agents.(ii) 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.(C) Has completed an HIV counseling training course that has been approved by the Office of AIDS.(2) (A) The Office of AIDS or its agents may charge a fee for training HIV counseling staff.(B) The local health department may charge a fee for the quality assurance plan approval.
120917. (a) An HIV counselor who meets the requirements of subdivision (e) may do all of the following:
(1) Perform any HIV, hepatitis C virus (HCV), or other sexually transmitted infection (STI) test, or any combination HIV/HCV HIV/HCV/STI test that is classified as waived under the federal Clinical Laboratory Improvement Act (CLIA) (42 U.S.C. Sec. 263a and following) if all of the following conditions exist:
(A) The performance of the HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test meets the requirements of CLIA and, subject to subparagraph (B), 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, an HIV counselor may perform skin punctures for the purpose of withdrawing blood for HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI testing, upon specific authorization from a licensed physician and surgeon, provided that the person meets both of the following requirements:
(i) He or she The HIV counselor works under the direction of a licensed physician and surgeon.
(ii) He or she The HIV counselor has been trained in both trained, and is proficient, in administering rapid HIV, HCV, or other STI tests, or any combination HIV/HCV test proficiency for skin puncture blood tests and oral swab tests HIV/HCV/STI test, 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 HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI 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, an HIV counselor who meets the requirements of subdivision (e) 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 HIV infection or HCV exposure infection, HCV exposure, or other STI exposure and that the result must may need to 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 HIV, HCV, or other STI test, or combination HIV/HCV HIV/HCV/STI test. Nothing in this subdivision shall be construed to allow an HIV counselor to perform any HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test that is not classified as waived under the CLIA.
(2) Notwithstanding Section 1246.5 of the Business and Professions Code, order and report HIV, HCV, or other STI test, or any combination HIV/HCV HIV/HCV/STI test results from tests performed pursuant to paragraph (1) to patients without authorization from a licensed health care professional or his or her the health care professionals authorized representative. Patients with indeterminate or positive test results from tests performed pursuant to paragraph (1) shall be referred to a licensed health care provider whose scope of practice includes the authority to refer patients for laboratory testing for further evaluation.
(b) An HIV counselor who has been certified pursuant to subdivision (b) of Section 120871 prior to September 1, 2009, and who will administer rapid HIV, HCV, or other STI tests, or any combination HIV/HCV HIV/HCV/STI skin puncture tests shall obtain training required by clause (ii) of subparagraph (B) of paragraph (1) of subdivision (a) prior to September 1, 2011. The HIV counselor shall not, unless also certified as a limited phlebotomist technician, perform a skin puncture pursuant to this section until he or she the HIV counselor has completed the training required by that clause.
(c) An HIV counselor who meets the requirements of this section with respect to performing any HIV, HCV, or other STI tests, or any combination HIV/HCV HIV/HCV/STI test that is classified as waived under the CLIA may not perform any other test unless that person meets the statutory and regulatory requirements for performing that other test.
(d) This section shall not be construed to certify an HIV counselor as a phlebotomy technician or a limited phlebotomy technician, or to fulfill any requirements for certification as a phlebotomy technician or a limited phlebotomy technician, unless the HIV counselor has otherwise satisfied the certification requirements imposed pursuant to Section 1246 of the Business and Professions Code.
(e) (1) An HIV counselor shall meet one of the following criteria:
(A) 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.
(B) Is working in an HIV counseling and testing site that meets both of the following criteria:
(i) Utilizes HIV counseling staff who are trained by the Office of AIDS or its agents.
(ii) 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.
(C) Has completed an HIV counseling training course that has been approved by the Office of AIDS.
(2) (A) The Office of AIDS or its agents may charge a fee for training HIV counseling staff.
(B) The local health department may charge a fee for the quality assurance plan approval.