Bill Text: CA SB932 | 2019-2020 | Regular Session | Amended
Bill Title: Communicable diseases: data collection.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2020-09-26 - Chaptered by Secretary of State. Chapter 183, Statutes of 2020. [SB932 Detail]
Download: California-2019-SB932-Amended.html
|
Amended
IN
Senate
May 05, 2020 |
| Introduced by Senator Wiener |
February 05, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Under existing law, the State Department of Public Health licenses, registers, and regulates clinical laboratories and various clinical laboratory personnel. Existing law authorizes an HIV counselor who receives specified training and works in specified counseling and testing sites to perform HIV, hepatitis C virus (HCV), or combined HIV/HCV tests, including performing skin punctures for purposes of withdrawing blood for purposes of these tests, as specified. Under existing law, an HIV counselor must receive training directly from the Office of AIDS or work directly with HIV counseling staff that have been trained by the Office of AIDS or its agents.
This bill would authorize an HIV counselor to also perform a rapid STI test, or any combination HIV/HCV/STI test, as specified. The bill would also allow HIV counselors to receive HIV counseling
training through a training course that has been certified by the Office of AIDS.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Part 8 (commencing with Section 122500) is added to Division 105 of the Health and Safety Code, to read:PART 8. COVID-19
122500.
The State Department of Public Health and each local health officer shall collect data relating to the sexual orientation and gender identity of individuals who are diagnosed with COVID-19.SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.(a)An HIV counselor who meets the requirements of subdivision (e) may do all of the following:
(1)Perform any HIV, hepatitis C virus (HCV), or other sexually transmitted infection (STI) test, or any combination HIV/HCV/STI test that is classified as waived under the federal Clinical Laboratory Improvement Act (CLIA) (42 U.S.C. Sec. 263a and following) if
all of the following conditions exist:
(A)The performance of the HIV, HCV, or other STI test, or any
combination HIV/HCV/STI test meets the requirements of CLIA and, subject to subparagraph (B), Chapter 3 (commencing with Section 1200) of Division 2 of the Business and Professions Code.
(B)Notwithstanding Section 1246 of the Business and Professions Code, an HIV counselor may perform skin punctures for the purpose of withdrawing blood for HIV, HCV, or other STI test, or any combination HIV/HCV/STI testing, upon specific
authorization from a licensed physician and surgeon, provided that the person meets both of the following requirements:
(i)The HIV counselor works under the direction of a licensed physician and surgeon.
(ii)The HIV counselor has been trained, and is proficient, in administering rapid HIV, HCV, or other STI tests, or any
combination HIV/HCV/STI test, and in universal infection control precautions, consistent with best infection control practices established by the Division of Occupational Safety and Health in the Department of Industrial Relations and the federal Centers for Disease Control and Prevention.
(C)The person performing the HIV, HCV, or other STI test, or any
combination HIV/HCV/STI test meets the requirements for the performance of waived laboratory testing pursuant to subdivision (a) of Section 1206.5 of the Business and Professions Code. For purposes of this subdivision and subdivision (a) of Section 1206.5 of the Business and Professions Code, an HIV counselor who meets the requirements of subdivision (e) shall be “other health care personnel providing direct patient care” as referred to in paragraph (13) of subdivision (a) of Section 1206.5 of the Business and Professions Code.
(D)The patient is informed that the preliminary result of the test is indicative of the likelihood of HIV
infection, HCV exposure, or other STI exposure and that the result may need to be confirmed by an additional more specific test, or, if approved by the federal Centers for Disease Control and Prevention for that purpose, a second different rapid HIV, HCV, or other STI test, or combination HIV/HCV/STI test. Nothing in this subdivision shall be construed to allow an HIV counselor to perform any HIV, HCV, or
other STI test, or any combination HIV/HCV/STI test that is not classified as waived under the CLIA.
(2)Notwithstanding Section 1246.5 of the Business and Professions Code, order and report HIV, HCV, or other STI test, or any combination HIV/HCV/STI test results from tests performed pursuant to paragraph (1) to patients without authorization from a licensed health care professional or
the health care professional’s authorized representative. Patients with indeterminate or positive test results from tests performed pursuant to paragraph (1) shall be referred to a licensed health care provider whose scope of practice includes the authority to refer patients for laboratory testing for further evaluation.
(b)An HIV counselor who has been certified pursuant to subdivision (b) of Section 120871 prior to September 1, 2009, and who will administer rapid HIV, HCV, or other STI tests, or any combination
HIV/HCV/STI
skin puncture tests shall obtain training required by clause (ii) of subparagraph (B) of paragraph (1) of subdivision (a) prior to September 1, 2011. The HIV counselor shall not, unless also certified as a limited phlebotomist technician, perform a skin puncture pursuant to this section until the HIV counselor has completed the training required by that clause.
(c)An HIV counselor who meets the requirements of this section with respect to performing any HIV, HCV, or other STI tests, or any combination HIV/HCV/STI test that is classified as waived under the CLIA may not perform any other test unless that person meets the statutory and regulatory requirements for performing that other test.
(d)This section shall not be construed to certify an HIV
counselor as a phlebotomy technician or a limited phlebotomy technician, or to fulfill any requirements for certification as a phlebotomy technician or a limited phlebotomy technician, unless the HIV counselor has otherwise satisfied the certification requirements imposed pursuant to Section 1246 of the Business and Professions Code.
(e)(1)An HIV counselor shall meet one of the following criteria:
(A)Is trained by the Office of AIDS and working in an HIV counseling and testing site funded by the department through a local health jurisdiction, or its agents.
(B)Is working in an HIV counseling and testing site that meets both of the following criteria:
(i)Utilizes HIV counseling staff who are trained by the Office of AIDS or its
agents.
(ii)Has a quality assurance plan approved by the local health department in the jurisdiction where the site is located and has HIV counseling and testing staff who comply with the quality assurance requirements specified in Section 1230 of Article 1 of Group 9 of Subchapter 1 of Chapter 2 of Division 1 of Title 17 of the California Code of Regulations.
(C)Has completed an HIV counseling training course that has been approved by the Office of AIDS.
(2)(A)The Office of AIDS or its agents may charge a fee for training HIV counseling staff.
(B)The local health department may charge a fee for the quality assurance
plan approval.
