Bill Text: CA AB2640 | 2015-2016 | Regular Session | Chaptered
Bill Title: Public health: HIV.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-26 - Chaptered by Secretary of State - Chapter 670, Statutes of 2016. [AB2640 Detail]
Download: California-2015-AB2640-Chaptered.html
BILL NUMBER: AB 2640 CHAPTERED
BILL TEXT
CHAPTER 670
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2016
APPROVED BY GOVERNOR SEPTEMBER 26, 2016
PASSED THE SENATE AUGUST 18, 2016
PASSED THE ASSEMBLY AUGUST 24, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN ASSEMBLY APRIL 21, 2016
AMENDED IN ASSEMBLY MARCH 16, 2016
INTRODUCED BY Assembly Member Gipson
FEBRUARY 19, 2016
An act to amend Section 120990 of the Health and Safety Code,
relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2640, Gipson. Public health: HIV.
Existing law requires a medical care provider or person
administering a test for HIV to, after receiving results indicating
no infection for a patient who is known to be at high risk for HIV
infection, advise the patient of the need for periodic retesting and
explain the limitations of current testing technology and the current
window period for verification of results.
This bill would instead require a medical care provider or person
administering a test for HIV to provide patients who test negative
for HIV infection and are determined to be at high risk for HIV
infection by the medical provider or person administering the test
with the above-described information and information about methods
that prevent or reduce the risk of contracting HIV, including
preexposure prophylaxis and postexposure prophylaxis, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 120990 of the Health and Safety Code is amended
to read:
120990. (a) Prior to ordering a test that identifies infection of
a patient with HIV, a medical care provider shall inform the patient
that the test is planned, provide information about the test, inform
the patient that there are numerous treatment options available for
a patient who tests positive for HIV and that a person who tests
negative for HIV should continue to be routinely tested, and advise
the patient that he or she has the right to decline the test. If a
patient declines the test, the medical care provider shall note that
fact in the patient's medical file.
(b) Subdivision (a) does not apply when a person independently
requests an HIV test from a medical care provider.
(c) Except as provided in subdivision (a), a person shall not
administer a test for HIV infection unless the person being tested or
his or her parent, guardian, conservator, or other person specified
in Section 121020 has provided informed consent for the performance
of the test. Informed consent may be provided orally or in writing,
but the person administering the test shall maintain documentation of
consent, whether obtained orally or in writing, in the client's
medical record. This consent requirement does not apply to a test
performed at an alternative site pursuant to Section 120890 or
120895. This section does not authorize a person to administer a test
for HIV unless that person is otherwise lawfully permitted to
administer an HIV test.
(d) Subdivision (c) shall not apply when a person independently
requests an HIV test from an HIV counseling and testing site that
employs a trained HIV counselor, pursuant to Section 120917, provided
that the person is provided with information required pursuant to
subdivision (a) and his or her independent request for an HIV test is
documented by the person administering the test.
(e) Nothing in this section shall preclude a medical examiner or
other physician from ordering or performing a test to detect HIV on a
cadaver when an autopsy is performed or body parts are donated
pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing
with Section 7150) of Part 1 of Division 7).
(f) (1) The requirements of subdivision (c) do not apply when
blood is tested as part of a scientific investigation conducted
either by a medical researcher operating under the approval of an
institutional review board or by the department, in accordance with a
protocol for unlinked testing.
(2) For purposes of this subdivision, "unlinked testing" means
blood samples that are obtained anonymously, or that have the name or
identifying information of the individual who provided the sample
removed in a manner that prevents the test results from ever being
linked to the particular individual who participated in the research
or study.
(g) Nothing in this section permits a person to unlawfully
disclose an individual's HIV status, or to otherwise violate
provisions of Section 54 of the Civil Code, the Americans With
Disabilities Act of 1990 (Public Law 101-336), or the California Fair
Employment and Housing Act (Part 2.8 (commencing with Section 12900)
of Division 3 of Title 2 of the Government Code), which prohibit
discrimination against individuals who are living with HIV, who test
positive for HIV, or who are presumed to be HIV-positive.
(h) After the results of a test performed pursuant to this section
have been received, the medical care provider or the person who
administers the test shall ensure that the patient receives timely
information and counseling, as appropriate, to explain the results
and the implications for the patient's health. If the patient tests
positive for HIV infection, the medical provider or the person who
administers the test shall inform the patient that there are numerous
treatment options available and identify followup testing and care
that may be recommended, including contact information for medical
and psychological services. If the patient tests negative for HIV
infection and is determined to be at high risk for HIV infection by
the medical provider or person administering the test, the medical
provider or the person who administers the test shall advise the
patient of the need for periodic retesting, explain the limitations
of current testing technology and the current window period for
verification of results, and provide information about methods that
prevent or reduce the risk of contracting HIV, including, but not
limited to, preexposure prophylaxis and postexposure prophylaxis,
consistent with guidance of the federal Centers for Disease Control
and Prevention, and may offer prevention counseling or a referral to
prevention counseling.
(i) This section shall not apply to a clinical laboratory.
