AB 659

Under current law, a person generally may not be subjected to a test for human

immunodeficiency virus (HIV) unless he or she consents to the test. The results of

an HIV test are generally confidential and may not be disclosed unless the test

subject authorizes disclosure. Current law specifies certain circumstances under

which another person may provide consent for HIV testing of an individual and

disclosure of HIV test results. For example, if a person has designated a health care

agent and has been found to be incapacitated, the person's health care agent may

provide consent for HIV testing and disclosure of the test results. In addition, a

parent may consent to HIV testing and disclosure of test results on behalf of a minor

who is less than 14 years of age.

Current law provides several exceptions to the consent requirement for HIV

testing. The exception for cases of so-called "significant exposure" provides that if

a person working in certain occupations such as health care, corrections, or

education, is exposed to the body fluid of an another individual under circumstances

that may allow for transmission of HIV, and a health care provider certifies that a

significant exposure occurred, the person may have the individual tested for HIV

without the individual's consent. If the individual is tested, the person who

requested the test may obtain the results of the test. The individual may be informed

of his or her own test results only if he or she consents to being informed.

Current law provides a number of additional exceptions to confidentiality of

HIV test results. For example, under certain circumstances HIV test results may be

disclosed without the test subject's consent to a health care provider, a jailer or

corrections employee, a foster parent, and a victim of sexual assault, among others.

Current law specifies that if consent is required for HIV testing, it must be

provided in writing on a form that includes an explanation regarding permitted

disclosure of HIV test results. Authorization for disclosure of test results must also

be provided in writing.

Current law also provides that a health care provider, blood bank, or blood or

plasma center that performs an HIV test, must report positive HIV test results to the

state epidemiologist. Current law allows a health care provider who has a record of

an individual's positive HIV test results to report to the state epidemiologist the

name of any person who had significant exposure to the test subject.

Current law provides a criminal penalty for intentionally violating prohibitions

against disclosing HIV test results without the test subject's consent. Current law

also allows civil damages for violating the prohibitions against disclosure and for

violating consent requirements for HIV testing.

This bill changes the consent provisions for HIV testing. Under the bill, the

following conditions must be satisfied before a health care provider, blood bank,

blood center, or plasma center (test administrator) may perform an HIV test on a

person: 1) the test administrator must notify the person that the person may decline