Bill Text: CA AB1045 | 2009-2010 | Regular Session | Chaptered

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Bill Title: HIV and AIDS reporting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 501, Statutes of 2009. [AB1045 Detail]

Download: California-2009-AB1045-Chaptered.html

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BILL NUMBER: AB 1045	CHAPTERED
	BILL TEXT

	CHAPTER  501
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  AUGUST 27, 2009
	PASSED THE ASSEMBLY  MAY 14, 2009
	AMENDED IN ASSEMBLY  APRIL 15, 2009

INTRODUCED BY   Assembly Member John A. Perez

                        FEBRUARY 27, 2009

   An act to amend Section 121023 of the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1045, John A. Perez. HIV and AIDS reporting.
   Existing law establishes various programs for the prevention of
disease and the promotion of health to be administered by the State
Department of Public Health, including, but not limited to, programs
related to HIV and AIDS testing and for the reporting of information
relating to HIV or AIDS infection.
   Existing law requires each clinical laboratory, as defined, to
report all CD4+ T-Cell test results to the local health officer
within 7 days.
   This bill would, notwithstanding that requirement, allow a
clinical laboratory to refrain from reporting a CD4+/-_T-Cell test
result if the clinical laboratory can demonstrate that the
CD4+/-_T-Cell test result is not related to a diagnosed case of HIV
infection.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 121023 of the Health and Safety Code is amended
to read:
   121023.  (a) Subject to subdivision (b), each clinical laboratory,
as defined in Section 1206 of the Business and Professions Code,
shall report all CD4+ T-Cell test results to the local health officer
for the local health jurisdiction where the health care provider
facility is located within seven days of the completion of the CD4+
T-Cell test.
   (b) A clinical laboratory shall not be required to report a CD4+
T-Cell test result, as required by this section, if the clinical
laboratory can demonstrate that the CD4+ T-Cell test result is not
related to a diagnosed case of HIV infection.
   (c) The clinical laboratory report with CD4+ T-Cell test results
shall also include, if provided by the ordering health care provider,
all of the following:
   (1) The patient's name.
   (2) The patient's date of birth.
   (3) The patient's gender.
   (4) The name, telephone number, and address of the local health
care provider that ordered the test.
   (d) The clinical laboratory report with CD4+ T-Cell test results
shall also include all of the following information:
   (1) CD4+ T-Cell test results expressed as an absolute count (the
number of lymphocytes containing the CD4 epitope per cubic
millimeter) and, if available, the relative count (the number of
lymphocytes expressing the CD4 epitope as a percentage of total
lymphocytes).
   (2) The type of laboratory test performed.
   (3) The date the laboratory test was performed.
   (4) The name, telephone number, and address of the clinical
laboratory that performed the test.
   (5) The laboratory CLIA number.
   (6) The laboratory report number.
   (e) (1) Each local health officer shall inspect each clinical
laboratory CD4+ T-Cell test report to determine if the test is
related to a case of HIV infection.
   (2) If the clinical laboratory CD4+ T-Cell test result is related
to a case of HIV infection, the local health officer shall report the
case of HIV infection or AIDS, as appropriate, to the State
Department of Public Health within 45 days of receipt of the
laboratory report.
   (3) If the clinical laboratory CD4+ T-Cell test result is not
related to a case of HIV infection, the local health officer shall
destroy the laboratory CD4+ T-Cell test report.
   (f) Pursuant to Section 121025, CD4+ T-Cell test reports shall not
be disclosed, discoverable, or compelled to be produced in any
civil, criminal, administrative, or other proceeding.
   (g) CD4+ T-Cell test reports shall be considered confidential
public health records as defined in Section 121035.
   (h) For the purposes of this section, "CD4+ T-Cell test" means any
test used to measure the number of lymphocytes containing the CD4
epitope.