Bill Text: CA AB2439 | 2015-2016 | Regular Session | Chaptered
Bill Title: HIV testing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-26 - Chaptered by Secretary of State - Chapter 668, Statutes of 2016. [AB2439 Detail]
Download: California-2015-AB2439-Chaptered.html
BILL NUMBER: AB 2439 CHAPTERED
BILL TEXT
CHAPTER 668
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2016
APPROVED BY GOVERNOR SEPTEMBER 26, 2016
PASSED THE SENATE AUGUST 23, 2016
PASSED THE ASSEMBLY AUGUST 29, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN ASSEMBLY MAY 31, 2016
AMENDED IN ASSEMBLY APRIL 21, 2016
AMENDED IN ASSEMBLY APRIL 12, 2016
INTRODUCED BY Assembly Member Nazarian
FEBRUARY 19, 2016
An act to add Section 120992 to the Health and Safety Code,
relating to HIV testing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2439, 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
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 create a pilot project, administered by the State
Department of Public Health, to assess and make recommendations
regarding the effectiveness of the routine offering of an HIV test in
the emergency department of a hospital. The bill would require the
department to select 4 hospitals, or fewer under specified
circumstances, that have emergency departments to voluntarily
participate in the pilot project. The bill would require the
participating hospitals to offer an HIV test to any patient in the
hospital emergency department, as provided, to collect specified
information, and to report the information to the department. The
pilot project would commence on March 1, 2017, and end on February
28, 2019. The bill would require the department, by December 1, 2019,
to complete a report to the Legislature on the findings of the
hospitals in the pilot project and make recommendations about routine
HIV testing in hospital emergency departments.
This bill would require that these provisions be implemented only
to the extent that the department identifies available funding for
the purposes of these provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 120992 is added to the Health and Safety Code,
to read:
120992. (a) There is hereby created a pilot project, to be
administered by the department, in order to assess and make
recommendations regarding the effectiveness of the routine offering
of an HIV test in the emergency department of a hospital.
(b) The department shall select four hospitals that have emergency
departments to voluntarily participate in the pilot project. The
department may select fewer hospitals if an insufficient number of
hospitals express willingness to voluntarily participate.
(1) Two of the hospitals shall be selected from large urban areas.
(2) One hospital shall be selected from a small urban or suburban
area.
(3) One hospital shall be selected from a rural area.
(c) Each hospital in the pilot project shall offer an HIV test to
any patient in the hospital emergency department who has consented to
the HIV test pursuant to Section 120990. The emergency department
shall comply with subdivision (h) of Section 120990 and may choose to
comply either by using emergency department or other hospital
personnel or engaging the services of an HIV organization that has
experience in prevention counseling for persons at risk for HIV.
(d) (1) A hospital in the pilot project shall not offer a test to
any person who is being treated for a life-threatening emergency or
who lacks the capacity to consent to an HIV test.
(2) If an emergency department physician at a hospital in the
pilot project determines that a patient is in significant pain or
distress, including psychological distress, the hospital shall not
offer an HIV test to the patient. Once an emergency department
physician determines that the patient has stabilized and is no longer
in significant pain or distress, including psychological distress,
the hospital shall offer an HIV test to the patient.
(e) A hospital in the pilot project shall offer HIV tests to
individuals 15 to 65 years of age, inclusive, pursuant to the United
States Preventive Services Task Force recommendations. In order to
protect the confidentiality and privacy interests of minors, the
hospital shall not offer HIV tests to individuals 15 to 17 years of
age, inclusive, in the presence of their parent or legal guardian.
(f) A hospital in the pilot project shall be authorized to charge
a patient for the cost of the HIV testing.
(g) A hospital in the pilot project shall be directed by the
department, in a form, manner, and timeframe determined by the
department, to collect and report data on the following topics:
(1) The frequency of HIV test offers.
(2) The frequency of consent or nonconsent to an HIV test and any
reasons given by the patient for the consent or the nonconsent.
(3) The time taken to offer an HIV test and secure consent from a
patient and the time taken to provide information and counseling
pursuant to subdivision (h) of Section 120990.
(4) The aggregate HIV positivity rate.
(5) The frequency with which patients agree to participate in a
session to receive information and counseling pursuant to subdivision
(h) of Section 120990 and the reasons that patients give for
refusing to participate.
(6) The frequency of patients leaving the emergency department
without receiving their test results.
(h) A hospital in the pilot project shall provide information to
the department regarding its practices and protocols for implementing
the offer of an HIV test and the required followup to the test, as
well as an assessment of the effectiveness of those practices and
protocols.
(i) (1) The pilot project shall commence on March 1, 2017, and end
on February 28, 2019.
(2) By December 1, 2019, the department shall complete a report to
the Legislature on the findings of the hospitals in the pilot
project and make recommendations about routine HIV testing in
hospital emergency departments. In preparing the report to the
Legislature, the department shall solicit input from a broad range of
HIV testing and hospital stakeholders.
(j) (1) The requirement for submitting a report imposed under
paragraph (2) of subdivision (i) is inoperative on December 1, 2023,
pursuant to Section 10231.5 of the Government Code.
(2) A report submitted pursuant to paragraph (2) of subdivision
(i) shall be submitted in compliance with Section 9795 of the
Government Code.
(k) For purposes of this section, "hospital" means a general acute
care hospital as defined in subdivision (a) of Section 1250.
(l) This section shall be implemented only to the extent that the
department identifies available funding for the purposes of this
section. The department may seek or use private funding to cover the
costs of administering the pilot project.
