Section 120991 Of Chapter 7. Mandated Blood Testing And Confidentiality To Protect Public Health From California Health And Safety Code >> Division 105. >> Part 4. >> Chapter 7.
120991
. (a) Each patient who has blood drawn at a primary care
clinic and who has consented to the HIV test pursuant to Section
120990 shall be offered an HIV test. The primary care clinician shall
offer an HIV test consistent with the United States Preventive
Services Task Force recommendation for screening HIV infection. This
subdivision shall not apply if the primary care clinic has tested the
patient for HIV or if the patient has been offered the HIV test and
declined the test within the previous 12 months. Any subsequent
testing of a patient who has been tested by the primary care clinic
shall be consistent with the most recent guidelines issued by the
United States Preventive Services Task Force.
(b) HIV testing of minors 12 years of age or older shall comply
with Section 6926 of the Family Code.
(c) This section shall not prohibit a primary care clinic from
charging a patient to cover the cost of HIV testing. The primary care
clinic shall be deemed to have complied with this section if an HIV
test is offered.
(d) A primary care clinic shall attempt to provide test results to
the patient before he or she leaves the facility. If that is not
possible, the facility may inform the patient who tests negative for
HIV by letter or by telephone, and shall inform a patient with a
positive test result in a manner consistent with state law. However,
in any case, the primary care clinic shall comply with subdivision
(g) of Section 120990.
(e) For purposes of this section, "primary care clinic" means a
primary care clinic as defined in subdivision (a) of Section 1204 or
subdivision (g), (h), or (j) of Section 1206.