1316.8.
(a) An adult patient who receives primary care services in a facility, clinic, unlicensed clinic, center, office, or other setting where primary care services are provided, shall be offered a tuberculosis (TB) risk assessment and TB screening test, if TB risk factors are identified, to the extent these services are covered under the patient’s health insurance, based on the latest screening indications recommended by the United States Preventive Services Task Force, unless the 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 TB risk assessment, TB screening test, or both, and has no new TB risk factors since the last TB risk assessment or TB screening test.
(B) This paragraph does not apply if the health care provider determines that a TB risk assessment, TB screening test, or both should be offered again.
(3) The patient lacks capacity to consent to a TB risk assessment, TB 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) If a patient accepts the offer of the TB screening test and the test is positive, 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.
(c) This section shall not affect the scope of practice of any health care provider or diminish any authority or legal or professional obligation of any health care provider to offer a TB risk assessment, TB screening test, or both, or to provide services or care for the patient of a TB risk assessment, TB screening test, or both.
(d) 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 provider’s failure to comply with the requirements of this section.
(e) Section 1290 does not apply to a violation of this section.
(f) For purposes of this section, the following definitions apply:
(1) “Followup health care” includes providing medical management and treatment for TB according to the latest national clinical practice guidelines recommended by the federal Centers for Disease Control and Prevention and the American Thoracic Society.
(2) “Tuberculosis risk assessment” or “TB risk assessment” means a risk assessment questionnaire developed by the State Department of Public Health, in consultation with the California Tuberculosis Controllers Association, to be used to conduct TB risk assessments pursuant to this section.
(3) “Tuberculosis screening test” or “TB screening test” means either an approved intradermal tuberculin test or any other test for TB infection that is recommended by the federal Centers for Disease
Control and Prevention and licensed by the United States Food and Drug Administration.