Amended IN Assembly April 05, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 789Introduced by Assembly Members Low and Gipson(Coauthor: Assembly Member Chiu)February 16, 2021 An act to add Section 1316.7 to the Health and Safety Code, relating to health facilities. care services.LEGISLATIVE COUNSEL'S DIGESTAB 789, as amended, Low. Health care facilities. services.Existing law provides for the licensure and regulation of health facilities and clinics, including primary care clinics, by the State Department of Public Health. A violation of these provisions is a crime.This bill would require a primary care services in an outpatient department of a health facility or a primary care clinic, setting, as specified, to offer a an adult patient receiving health services a hepatitis B screening test and a hepatitis C screening test, as specified. test under certain conditions that include the patients health insurance covers the test. The bill would also require the practitioner health care provider to offer the patient followup health care or refer the patient to a health care provider who can provide followup health care if the screening test is positive or reactive, positive, as specified. The bill would not subject a health care provider that fails to comply with the bill to any disciplinary action related to the health care providers licensure or certification, or to any civil or criminal liability, for failing to comply with the bill.By expanding the definition of a crime, crime for outpatient settings this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1316.7 is added to the Health and Safety Code, to read:1316.7. (a) A An adult patient who receives primary care services in an outpatient department of a health facility or receives primary care from a primary care clinic, as specified by subdivision (a) of Section 1204, setting, as described in Section 1248, shall be offered a hepatitis B screening test and a hepatitis C screening test test, to the extent these services are covered under the patients health insurance, according to the latest recommendations from the United States Preventive Services Task Force, unless the practitioner health care provider reasonably believes that one of the following conditions applies: (1) The patient is being treated for a life-threatening emergency.(2) (A) The patient has previously been offered or has been the subject of a hepatitis B or C screening test.(B) This paragraph does not apply if the practitioner health care provider determines that the one or both of the tests should be offered again.(3) The patient lacks capacity to consent to a hepatitis B or hepatitis C screening test, or both.(4) The patient is being treated in the emergency department of a general acute care hospital, as defined in subdivision (a) of Section 1250.(b) (1) If a patient accepts the offer of the hepatitis B screening test and the test is hepatitis B surface antigen (HBsAg) positive, the a health care provider shall offer the patient followup health care or refer the patient to a health care provider who can provide followup health care.(2) If a patient accepts the offer of the hepatitis C screening test and the test is reactive, positive, the health care provider shall offer the patient followup health care or refer the patient to a health care provider who can provide followup health care. The followup health care shall include a hepatitis C diagnostic test (HCV RNA).(c) The offering of hepatitis B and hepatitis C screening testing under this section shall be culturally and linguistically appropriate.(d) This section shall not affect the scope of practice of any health care practitioner provider or diminish any authority or legal or professional obligation of any health care practitioner provider to offer a hepatitis B or hepatitis C screening test, or both, or hepatitis B or hepatitis C diagnostic test, or both, or to provide services or care for the subject of a hepatitis B or hepatitis C screening test, or both, or hepatitis B or hepatitis C diagnostic test, or both.(e) A health care provider that fails to comply with the requirements of this section shall not be subject to any disciplinary actions related to their licensure or certification, or to any civil or criminal liability, because of the health care providers failure to comply with the requirements of this section. (e)(f) For purposes of this section, the following definitions apply:(1) Followup health care includes providing medical management and antiviral treatment for chronic hepatitis B or hepatitis C according to the latest national clinical practice guidelines recommended by the American Association for the Study of Liver Diseases.(1)(2) Hepatitis B screening test includes any laboratory tests or tests that detect the presence of hepatitis B surface antigen (HBsAg) and provides confirmation of whether the patient has a chronic hepatitis B infection.(3) Hepatitis C diagnostic test includes any laboratory test or tests that detect the presence of the hepatitis C virus in the blood and provides confirmation of whether the patient has an active hepatitis C virus infection.(2)(4) Hepatitis C screening test includes any laboratory screening test or tests that detect the presence of hepatitis C virus antibodies in the blood and provides confirmation of whether the patient has ever been infected with the hepatitis C virus.(3)Hepatitis C diagnostic test includes any laboratory test or tests that detect the presence of the hepatitis C virus in the blood and provides confirmation of whether the patient has an active hepatitis C virus infection.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Amended IN Assembly April 05, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 789Introduced by Assembly Members Low and Gipson(Coauthor: Assembly Member Chiu)February 16, 2021 An act to add Section 1316.7 to the Health and Safety Code, relating to health facilities. care services.LEGISLATIVE COUNSEL'S DIGESTAB 789, as amended, Low. Health care facilities. services.Existing law provides for the licensure and regulation of health facilities and clinics, including primary care clinics, by the State Department of Public Health. A violation of these provisions is a crime.This bill would require a primary care services in an outpatient department of a health facility or a primary care clinic, setting, as specified, to offer a an adult patient receiving health services a hepatitis B screening test and a hepatitis C screening test, as specified. test under certain conditions that include the patients health insurance covers the test. The bill would also require the practitioner health care provider to offer the patient followup health care or refer the patient to a health care provider who can provide followup health care if the screening test is positive or reactive, positive, as specified. The bill would not subject a health care provider that fails to comply with the bill to any disciplinary action related to the health care providers licensure or certification, or to any civil or criminal liability, for failing to comply with the bill.By expanding the definition of a crime, crime for outpatient settings this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly April 05, 2021
Amended IN Assembly April 05, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 789
Introduced by Assembly Members Low and Gipson(Coauthor: Assembly Member Chiu)February 16, 2021
Introduced by Assembly Members Low and Gipson(Coauthor: Assembly Member Chiu)
February 16, 2021
An act to add Section 1316.7 to the Health and Safety Code, relating to health facilities. care services.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 789, as amended, Low. Health care facilities. services.
Existing law provides for the licensure and regulation of health facilities and clinics, including primary care clinics, by the State Department of Public Health. A violation of these provisions is a crime.This bill would require a primary care services in an outpatient department of a health facility or a primary care clinic, setting, as specified, to offer a an adult patient receiving health services a hepatitis B screening test and a hepatitis C screening test, as specified. test under certain conditions that include the patients health insurance covers the test. The bill would also require the practitioner health care provider to offer the patient followup health care or refer the patient to a health care provider who can provide followup health care if the screening test is positive or reactive, positive, as specified. The bill would not subject a health care provider that fails to comply with the bill to any disciplinary action related to the health care providers licensure or certification, or to any civil or criminal liability, for failing to comply with the bill.By expanding the definition of a crime, crime for outpatient settings this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides for the licensure and regulation of health facilities and clinics, including primary care clinics, by the State Department of Public Health. A violation of these provisions is a crime.
This bill would require a primary care services in an outpatient department of a health facility or a primary care clinic, setting, as specified, to offer a an adult patient receiving health services a hepatitis B screening test and a hepatitis C screening test, as specified. test under certain conditions that include the patients health insurance covers the test. The bill would also require the practitioner health care provider to offer the patient followup health care or refer the patient to a health care provider who can provide followup health care if the screening test is positive or reactive, positive, as specified. The bill would not subject a health care provider that fails to comply with the bill to any disciplinary action related to the health care providers licensure or certification, or to any civil or criminal liability, for failing to comply with the bill.
By expanding the definition of a crime, crime for outpatient settings this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1316.7 is added to the Health and Safety Code, to read:1316.7. (a) A An adult patient who receives primary care services in an outpatient department of a health facility or receives primary care from a primary care clinic, as specified by subdivision (a) of Section 1204, setting, as described in Section 1248, shall be offered a hepatitis B screening test and a hepatitis C screening test test, to the extent these services are covered under the patients health insurance, according to the latest recommendations from the United States Preventive Services Task Force, unless the practitioner health care provider reasonably believes that one of the following conditions applies: (1) The patient is being treated for a life-threatening emergency.(2) (A) The patient has previously been offered or has been the subject of a hepatitis B or C screening test.(B) This paragraph does not apply if the practitioner health care provider determines that the one or both of the tests should be offered again.(3) The patient lacks capacity to consent to a hepatitis B or hepatitis C screening test, or both.(4) The patient is being treated in the emergency department of a general acute care hospital, as defined in subdivision (a) of Section 1250.(b) (1) If a patient accepts the offer of the hepatitis B screening test and the test is hepatitis B surface antigen (HBsAg) positive, the a health care provider shall offer the patient followup health care or refer the patient to a health care provider who can provide followup health care.(2) If a patient accepts the offer of the hepatitis C screening test and the test is reactive, positive, the health care provider shall offer the patient followup health care or refer the patient to a health care provider who can provide followup health care. The followup health care shall include a hepatitis C diagnostic test (HCV RNA).(c) The offering of hepatitis B and hepatitis C screening testing under this section shall be culturally and linguistically appropriate.(d) This section shall not affect the scope of practice of any health care practitioner provider or diminish any authority or legal or professional obligation of any health care practitioner provider to offer a hepatitis B or hepatitis C screening test, or both, or hepatitis B or hepatitis C diagnostic test, or both, or to provide services or care for the subject of a hepatitis B or hepatitis C screening test, or both, or hepatitis B or hepatitis C diagnostic test, or both.(e) A health care provider that fails to comply with the requirements of this section shall not be subject to any disciplinary actions related to their licensure or certification, or to any civil or criminal liability, because of the health care providers failure to comply with the requirements of this section. (e)(f) For purposes of this section, the following definitions apply:(1) Followup health care includes providing medical management and antiviral treatment for chronic hepatitis B or hepatitis C according to the latest national clinical practice guidelines recommended by the American Association for the Study of Liver Diseases.(1)(2) Hepatitis B screening test includes any laboratory tests or tests that detect the presence of hepatitis B surface antigen (HBsAg) and provides confirmation of whether the patient has a chronic hepatitis B infection.(3) Hepatitis C diagnostic test includes any laboratory test or tests that detect the presence of the hepatitis C virus in the blood and provides confirmation of whether the patient has an active hepatitis C virus infection.(2)(4) Hepatitis C screening test includes any laboratory screening test or tests that detect the presence of hepatitis C virus antibodies in the blood and provides confirmation of whether the patient has ever been infected with the hepatitis C virus.(3)Hepatitis C diagnostic test includes any laboratory test or tests that detect the presence of the hepatitis C virus in the blood and provides confirmation of whether the patient has an active hepatitis C virus infection.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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 1316.7 is added to the Health and Safety Code, to read:1316.7. (a) A An adult patient who receives primary care services in an outpatient department of a health facility or receives primary care from a primary care clinic, as specified by subdivision (a) of Section 1204, setting, as described in Section 1248, shall be offered a hepatitis B screening test and a hepatitis C screening test test, to the extent these services are covered under the patients health insurance, according to the latest recommendations from the United States Preventive Services Task Force, unless the practitioner health care provider reasonably believes that one of the following conditions applies: (1) The patient is being treated for a life-threatening emergency.(2) (A) The patient has previously been offered or has been the subject of a hepatitis B or C screening test.(B) This paragraph does not apply if the practitioner health care provider determines that the one or both of the tests should be offered again.(3) The patient lacks capacity to consent to a hepatitis B or hepatitis C screening test, or both.(4) The patient is being treated in the emergency department of a general acute care hospital, as defined in subdivision (a) of Section 1250.(b) (1) If a patient accepts the offer of the hepatitis B screening test and the test is hepatitis B surface antigen (HBsAg) positive, the a health care provider shall offer the patient followup health care or refer the patient to a health care provider who can provide followup health care.(2) If a patient accepts the offer of the hepatitis C screening test and the test is reactive, positive, the health care provider shall offer the patient followup health care or refer the patient to a health care provider who can provide followup health care. The followup health care shall include a hepatitis C diagnostic test (HCV RNA).(c) The offering of hepatitis B and hepatitis C screening testing under this section shall be culturally and linguistically appropriate.(d) This section shall not affect the scope of practice of any health care practitioner provider or diminish any authority or legal or professional obligation of any health care practitioner provider to offer a hepatitis B or hepatitis C screening test, or both, or hepatitis B or hepatitis C diagnostic test, or both, or to provide services or care for the subject of a hepatitis B or hepatitis C screening test, or both, or hepatitis B or hepatitis C diagnostic test, or both.(e) A health care provider that fails to comply with the requirements of this section shall not be subject to any disciplinary actions related to their licensure or certification, or to any civil or criminal liability, because of the health care providers failure to comply with the requirements of this section. (e)(f) For purposes of this section, the following definitions apply:(1) Followup health care includes providing medical management and antiviral treatment for chronic hepatitis B or hepatitis C according to the latest national clinical practice guidelines recommended by the American Association for the Study of Liver Diseases.(1)(2) Hepatitis B screening test includes any laboratory tests or tests that detect the presence of hepatitis B surface antigen (HBsAg) and provides confirmation of whether the patient has a chronic hepatitis B infection.(3) Hepatitis C diagnostic test includes any laboratory test or tests that detect the presence of the hepatitis C virus in the blood and provides confirmation of whether the patient has an active hepatitis C virus infection.(2)(4) Hepatitis C screening test includes any laboratory screening test or tests that detect the presence of hepatitis C virus antibodies in the blood and provides confirmation of whether the patient has ever been infected with the hepatitis C virus.(3)Hepatitis C diagnostic test includes any laboratory test or tests that detect the presence of the hepatitis C virus in the blood and provides confirmation of whether the patient has an active hepatitis C virus infection.
SECTION 1. Section 1316.7 is added to the Health and Safety Code, to read:
### SECTION 1.
1316.7. (a) A An adult patient who receives primary care services in an outpatient department of a health facility or receives primary care from a primary care clinic, as specified by subdivision (a) of Section 1204, setting, as described in Section 1248, shall be offered a hepatitis B screening test and a hepatitis C screening test test, to the extent these services are covered under the patients health insurance, according to the latest recommendations from the United States Preventive Services Task Force, unless the practitioner health care provider reasonably believes that one of the following conditions applies: (1) The patient is being treated for a life-threatening emergency.(2) (A) The patient has previously been offered or has been the subject of a hepatitis B or C screening test.(B) This paragraph does not apply if the practitioner health care provider determines that the one or both of the tests should be offered again.(3) The patient lacks capacity to consent to a hepatitis B or hepatitis C screening test, or both.(4) The patient is being treated in the emergency department of a general acute care hospital, as defined in subdivision (a) of Section 1250.(b) (1) If a patient accepts the offer of the hepatitis B screening test and the test is hepatitis B surface antigen (HBsAg) positive, the a health care provider shall offer the patient followup health care or refer the patient to a health care provider who can provide followup health care.(2) If a patient accepts the offer of the hepatitis C screening test and the test is reactive, positive, the health care provider shall offer the patient followup health care or refer the patient to a health care provider who can provide followup health care. The followup health care shall include a hepatitis C diagnostic test (HCV RNA).(c) The offering of hepatitis B and hepatitis C screening testing under this section shall be culturally and linguistically appropriate.(d) This section shall not affect the scope of practice of any health care practitioner provider or diminish any authority or legal or professional obligation of any health care practitioner provider to offer a hepatitis B or hepatitis C screening test, or both, or hepatitis B or hepatitis C diagnostic test, or both, or to provide services or care for the subject of a hepatitis B or hepatitis C screening test, or both, or hepatitis B or hepatitis C diagnostic test, or both.(e) A health care provider that fails to comply with the requirements of this section shall not be subject to any disciplinary actions related to their licensure or certification, or to any civil or criminal liability, because of the health care providers failure to comply with the requirements of this section. (e)(f) For purposes of this section, the following definitions apply:(1) Followup health care includes providing medical management and antiviral treatment for chronic hepatitis B or hepatitis C according to the latest national clinical practice guidelines recommended by the American Association for the Study of Liver Diseases.(1)(2) Hepatitis B screening test includes any laboratory tests or tests that detect the presence of hepatitis B surface antigen (HBsAg) and provides confirmation of whether the patient has a chronic hepatitis B infection.(3) Hepatitis C diagnostic test includes any laboratory test or tests that detect the presence of the hepatitis C virus in the blood and provides confirmation of whether the patient has an active hepatitis C virus infection.(2)(4) Hepatitis C screening test includes any laboratory screening test or tests that detect the presence of hepatitis C virus antibodies in the blood and provides confirmation of whether the patient has ever been infected with the hepatitis C virus.(3)Hepatitis C diagnostic test includes any laboratory test or tests that detect the presence of the hepatitis C virus in the blood and provides confirmation of whether the patient has an active hepatitis C virus infection.
1316.7. (a) A An adult patient who receives primary care services in an outpatient department of a health facility or receives primary care from a primary care clinic, as specified by subdivision (a) of Section 1204, setting, as described in Section 1248, shall be offered a hepatitis B screening test and a hepatitis C screening test test, to the extent these services are covered under the patients health insurance, according to the latest recommendations from the United States Preventive Services Task Force, unless the practitioner health care provider reasonably believes that one of the following conditions applies: (1) The patient is being treated for a life-threatening emergency.(2) (A) The patient has previously been offered or has been the subject of a hepatitis B or C screening test.(B) This paragraph does not apply if the practitioner health care provider determines that the one or both of the tests should be offered again.(3) The patient lacks capacity to consent to a hepatitis B or hepatitis C screening test, or both.(4) The patient is being treated in the emergency department of a general acute care hospital, as defined in subdivision (a) of Section 1250.(b) (1) If a patient accepts the offer of the hepatitis B screening test and the test is hepatitis B surface antigen (HBsAg) positive, the a health care provider shall offer the patient followup health care or refer the patient to a health care provider who can provide followup health care.(2) If a patient accepts the offer of the hepatitis C screening test and the test is reactive, positive, the health care provider shall offer the patient followup health care or refer the patient to a health care provider who can provide followup health care. The followup health care shall include a hepatitis C diagnostic test (HCV RNA).(c) The offering of hepatitis B and hepatitis C screening testing under this section shall be culturally and linguistically appropriate.(d) This section shall not affect the scope of practice of any health care practitioner provider or diminish any authority or legal or professional obligation of any health care practitioner provider to offer a hepatitis B or hepatitis C screening test, or both, or hepatitis B or hepatitis C diagnostic test, or both, or to provide services or care for the subject of a hepatitis B or hepatitis C screening test, or both, or hepatitis B or hepatitis C diagnostic test, or both.(e) A health care provider that fails to comply with the requirements of this section shall not be subject to any disciplinary actions related to their licensure or certification, or to any civil or criminal liability, because of the health care providers failure to comply with the requirements of this section. (e)(f) For purposes of this section, the following definitions apply:(1) Followup health care includes providing medical management and antiviral treatment for chronic hepatitis B or hepatitis C according to the latest national clinical practice guidelines recommended by the American Association for the Study of Liver Diseases.(1)(2) Hepatitis B screening test includes any laboratory tests or tests that detect the presence of hepatitis B surface antigen (HBsAg) and provides confirmation of whether the patient has a chronic hepatitis B infection.(3) Hepatitis C diagnostic test includes any laboratory test or tests that detect the presence of the hepatitis C virus in the blood and provides confirmation of whether the patient has an active hepatitis C virus infection.(2)(4) Hepatitis C screening test includes any laboratory screening test or tests that detect the presence of hepatitis C virus antibodies in the blood and provides confirmation of whether the patient has ever been infected with the hepatitis C virus.(3)Hepatitis C diagnostic test includes any laboratory test or tests that detect the presence of the hepatitis C virus in the blood and provides confirmation of whether the patient has an active hepatitis C virus infection.
1316.7. (a) A An adult patient who receives primary care services in an outpatient department of a health facility or receives primary care from a primary care clinic, as specified by subdivision (a) of Section 1204, setting, as described in Section 1248, shall be offered a hepatitis B screening test and a hepatitis C screening test test, to the extent these services are covered under the patients health insurance, according to the latest recommendations from the United States Preventive Services Task Force, unless the practitioner health care provider reasonably believes that one of the following conditions applies: (1) The patient is being treated for a life-threatening emergency.(2) (A) The patient has previously been offered or has been the subject of a hepatitis B or C screening test.(B) This paragraph does not apply if the practitioner health care provider determines that the one or both of the tests should be offered again.(3) The patient lacks capacity to consent to a hepatitis B or hepatitis C screening test, or both.(4) The patient is being treated in the emergency department of a general acute care hospital, as defined in subdivision (a) of Section 1250.(b) (1) If a patient accepts the offer of the hepatitis B screening test and the test is hepatitis B surface antigen (HBsAg) positive, the a health care provider shall offer the patient followup health care or refer the patient to a health care provider who can provide followup health care.(2) If a patient accepts the offer of the hepatitis C screening test and the test is reactive, positive, the health care provider shall offer the patient followup health care or refer the patient to a health care provider who can provide followup health care. The followup health care shall include a hepatitis C diagnostic test (HCV RNA).(c) The offering of hepatitis B and hepatitis C screening testing under this section shall be culturally and linguistically appropriate.(d) This section shall not affect the scope of practice of any health care practitioner provider or diminish any authority or legal or professional obligation of any health care practitioner provider to offer a hepatitis B or hepatitis C screening test, or both, or hepatitis B or hepatitis C diagnostic test, or both, or to provide services or care for the subject of a hepatitis B or hepatitis C screening test, or both, or hepatitis B or hepatitis C diagnostic test, or both.(e) A health care provider that fails to comply with the requirements of this section shall not be subject to any disciplinary actions related to their licensure or certification, or to any civil or criminal liability, because of the health care providers failure to comply with the requirements of this section. (e)(f) For purposes of this section, the following definitions apply:(1) Followup health care includes providing medical management and antiviral treatment for chronic hepatitis B or hepatitis C according to the latest national clinical practice guidelines recommended by the American Association for the Study of Liver Diseases.(1)(2) Hepatitis B screening test includes any laboratory tests or tests that detect the presence of hepatitis B surface antigen (HBsAg) and provides confirmation of whether the patient has a chronic hepatitis B infection.(3) Hepatitis C diagnostic test includes any laboratory test or tests that detect the presence of the hepatitis C virus in the blood and provides confirmation of whether the patient has an active hepatitis C virus infection.(2)(4) Hepatitis C screening test includes any laboratory screening test or tests that detect the presence of hepatitis C virus antibodies in the blood and provides confirmation of whether the patient has ever been infected with the hepatitis C virus.(3)Hepatitis C diagnostic test includes any laboratory test or tests that detect the presence of the hepatitis C virus in the blood and provides confirmation of whether the patient has an active hepatitis C virus infection.
1316.7. (a) A An adult patient who receives primary care services in an outpatient department of a health facility or receives primary care from a primary care clinic, as specified by subdivision (a) of Section 1204, setting, as described in Section 1248, shall be offered a hepatitis B screening test and a hepatitis C screening test test, to the extent these services are covered under the patients health insurance, according to the latest recommendations from the United States Preventive Services Task Force, unless the practitioner health care provider reasonably believes that one of the following conditions applies:
(1) The patient is being treated for a life-threatening emergency.
(2) (A) The patient has previously been offered or has been the subject of a hepatitis B or C screening test.
(B) This paragraph does not apply if the practitioner health care provider determines that the one or both of the tests should be offered again.
(3) The patient lacks capacity to consent to a hepatitis B or hepatitis C screening test, or both.
(4) The patient is being treated in the emergency department of a general acute care hospital, as defined in subdivision (a) of Section 1250.
(b) (1) If a patient accepts the offer of the hepatitis B screening test and the test is hepatitis B surface antigen (HBsAg) positive, the a health care provider shall offer the patient followup health care or refer the patient to a health care provider who can provide followup health care.
(2) If a patient accepts the offer of the hepatitis C screening test and the test is reactive, positive, the health care provider shall offer the patient followup health care or refer the patient to a health care provider who can provide followup health care. The followup health care shall include a hepatitis C diagnostic test (HCV RNA).
(c) The offering of hepatitis B and hepatitis C screening testing under this section shall be culturally and linguistically appropriate.
(d) This section shall not affect the scope of practice of any health care practitioner provider or diminish any authority or legal or professional obligation of any health care practitioner provider to offer a hepatitis B or hepatitis C screening test, or both, or hepatitis B or hepatitis C diagnostic test, or both, or to provide services or care for the subject of a hepatitis B or hepatitis C screening test, or both, or hepatitis B or hepatitis C diagnostic test, or both.
(e) A health care provider that fails to comply with the requirements of this section shall not be subject to any disciplinary actions related to their licensure or certification, or to any civil or criminal liability, because of the health care providers failure to comply with the requirements of this section.
(e)
(f) For purposes of this section, the following definitions apply:
(1) Followup health care includes providing medical management and antiviral treatment for chronic hepatitis B or hepatitis C according to the latest national clinical practice guidelines recommended by the American Association for the Study of Liver Diseases.
(1)
(2) Hepatitis B screening test includes any laboratory tests or tests that detect the presence of hepatitis B surface antigen (HBsAg) and provides confirmation of whether the patient has a chronic hepatitis B infection.
(3) Hepatitis C diagnostic test includes any laboratory test or tests that detect the presence of the hepatitis C virus in the blood and provides confirmation of whether the patient has an active hepatitis C virus infection.
(2)
(4) Hepatitis C screening test includes any laboratory screening test or tests that detect the presence of hepatitis C virus antibodies in the blood and provides confirmation of whether the patient has ever been infected with the hepatitis C virus.
(3)Hepatitis C diagnostic test includes any laboratory test or tests that detect the presence of the hepatitis C virus in the blood and provides confirmation of whether the patient has an active hepatitis C virus infection.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 2.