HIV testing (in California) - Revision history

Rossdonaldson1 at 22:22, 21 January 2017

2017-01-21T22:22:41Z

← Older revision		Revision as of 22:22, 21 January 2017
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	==Difficult Situations==		==Difficult Situations==
	*Occupational Exposure		*[[Occupational Exposure]]
	**The exposed has to seek evaluation by a physician (not him/herself) for evaluation to determine if "significant exposure."		**The exposed has to seek evaluation by a physician (not him/herself) for evaluation to determine if "significant exposure."
	**Significant exposure "means direct contact with blood or other potentially infectious materials of a patient in a manner that, according to the then applicable guidelines of the Division of Occupational Safety and Health, is capable of transmitting a communicable disease (subdivision (h) of Section 120261.)		**Significant exposure "means direct contact with blood or other potentially infectious materials of a patient in a manner that, according to the then applicable guidelines of the Division of Occupational Safety and Health, is capable of transmitting a communicable disease (subdivision (h) of Section 120261.)
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	==External Links==		==External Links==
	[http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=120001-121000&file=120260-120263 California Health and Safety Code Section 120990]		[http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=120001-121000&file=120260-120263 California Health and Safety Code Section 120990]

			==See Also==
			*[[HIV - AIDS (Main)]]
			*[[HIV post-exposure prophylaxis]]

	==References==		==References==

Neil.m.young at 14:56, 26 June 2016

2016-06-26T14:56:25Z

← Older revision		Revision as of 14:56, 26 June 2016
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	==Requirements Before Ordering The Test<ref>California Health and Safety Code Section 120990</ref>==		==Requirements Before Ordering The Test<ref>California Health and Safety Code Section 120990</ref>==
	*Prior to ordering a test that identifies infection of a patient with HIV, a medical care provider shall:		*Prior to ordering a test that identifies infection of a patient with HIV, a medical care provider shall:
	**~~inform~~ the patient he/she will be tested for HIV.		**Inform the patient he/she will be tested for HIV
	**~~provide~~ information about the test		**Provide information about the test
	~~inform~~ that if positive, there are numerous treatment options available		**Inform that if positive, there are numerous treatment options available
	**~~inform~~ that if negative, the a patient should continue to be routinely tested,		**Inform that if negative, the patient should continue to be routinely tested
	~~advise~~ the patient that he/she has the right to decline the test.		*Advise the patient that he/she has the right to decline the test
	**document whether the informed consent was written or verbal		*Document whether the informed consent was written or verbal
	**provide the results to the patient in timely manner with and counseling and contact for medical/psychological follow up		*Provide the results to the patient in timely manner with and counseling and contact for medical/psychological follow up

	==Difficult Situations==		==Difficult Situations==
	*Occupational Exposure		*Occupational Exposure
	The exposed has to seek evaluation by a physician (not him/herself) for evaluation to determine if "significant exposure." Significant exposure "means direct contact with blood or other potentially infectious materials of a patient in a manner that, according to the then applicable guidelines of the Division of Occupational Safety and Health, is capable of transmitting a		**The exposed has to seek evaluation by a physician (not him/herself) for evaluation to determine if "significant exposure."
	communicable disease. (subdivision (h) of Section 120261.)		**Significant exposure "means direct contact with blood or other potentially infectious materials of a patient in a manner that, according to the then applicable guidelines of the Division of Occupational Safety and Health, is capable of transmitting a communicable disease (subdivision (h) of Section 120261.)
	**The treating physician has to certify by documenting that a significant exposure occurred.		**The treating physician has to certify by documenting that a significant exposure occurred
	**A test for HIV on the exposed has to be done and confirmed before a test on the source patient can be done without consent. The attending physician for the exposed can then test the patient without his consent.		**A test for HIV on the exposed has to be done and confirmed before a test on the source patient can be done without consent
	**This test can be performed on any available blood or other tissue sample.		**The attending physician for the exposed can then test the patient without his consent
	**If the source patient died, the source patient's blood can be obtained and tested regardless of any consenting.		**This test can be performed on any available blood or other tissue sample
	**If the patient is living and there is no blood sample and the patient refuses to allow for a blood sample to be obtained, it appears that this is not permitted except as otherwise authorized by law.		**If the source patient died, the source patient's blood can be obtained and tested regardless of any consenting
	**The source patient has the option not to be informed of the results. If he/she does not want to be informed of the results, the results cannot be documented in his/her chart.		**If the patient is living and there is no blood sample and the patient refuses to allow for a blood sample to be obtained, it appears that this is not permitted except as otherwise authorized by law
	**The exposed patient cannot directly attempt to obtain informed consent from the source patient.		**The source patient has the option not to be informed of the results
	**Costs of the testing will be assumed by the employer of the exposed patient.		**If he/she does not want to be informed of the results, the results cannot be documented in his/her chart
	*A medical provider can order a HIV test on a cadaver, or when ~~autospy~~ will be performed, or when body parts may be donated (Section 7150)		**The exposed patient cannot directly attempt to obtain informed consent from the source patient
			**Costs of the testing will be assumed by the employer of the exposed patient
			*A medical provider can order an HIV test on a cadaver, or when autopsy will be performed, or when body parts may be donated (Section 7150)

	==External Links==		==External Links==
	http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=120001-121000&file=120260-120263		[http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=120001-121000&file=120260-120263 California Health and Safety Code Section 120990]

	==References==		==References==

Neil.m.young: Neil.m.young moved page HIV Testing (in California) to HIV testing (in California)

2016-06-26T14:51:15Z

Neil.m.young moved page HIV Testing (in California) to HIV testing (in California)

← Older revision	Revision as of 14:51, 26 June 2016
(No difference)

Neil.m.young at 14:50, 26 June 2016

2016-06-26T14:50:19Z

← Older revision		Revision as of 14:50, 26 June 2016
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	==Background==		==Background==
	*Consent requirements for HIV testing from state to state.		*Consent requirements for HIV testing from state to state
	*In California, California Health and Safety Code Section 120990 speaks to this issue.		*In California, California Health and Safety Code Section 120990 speaks to this issue

			==Requirements Before Ordering The Test<ref>California Health and Safety Code Section 120990</ref>==
	==Requirements Before Ordering The Test==
	*Prior to ordering a test that identifies infection of a patient with HIV, a medical care provider shall:		*Prior to ordering a test that identifies infection of a patient with HIV, a medical care provider shall:

	**inform the patient he/she will be tested for HIV.		**inform the patient he/she will be tested for HIV.
	**provide information about the test		**provide information about the test
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	==Difficult Situations==		==Difficult Situations==


	*Occupational Exposure		*Occupational Exposure
	The exposed has to seek evaluation by a physician (not him/herself) for evaluation to determine if "significant exposure." Significant exposure "means direct contact with blood or other potentially infectious materials of a patient in a manner that, according to the then applicable guidelines of the Division of Occupational Safety and Health, is capable of transmitting a		The exposed has to seek evaluation by a physician (not him/herself) for evaluation to determine if "significant exposure." Significant exposure "means direct contact with blood or other potentially infectious materials of a patient in a manner that, according to the then applicable guidelines of the Division of Occupational Safety and Health, is capable of transmitting a
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	==External Links==		==External Links==
	http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=120001-121000&file=120260-120263		http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=120001-121000&file=120260-120263


	==References==		==References==
	~~1. California Health and Safety Code Section 120990 (Consent Requirements for HIV Testing)~~		<references/>

	~~2. Assistance in interpretation of the legalese provided by Marina Pantchenko, Attorney of Health Law.~~

	[[Category:ID]]		[[Category:ID]]

Neil.m.young: /* References */

2016-06-26T14:47:21Z

References

← Older revision		Revision as of 14:47, 26 June 2016
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	2. Assistance in interpretation of the legalese provided by Marina Pantchenko, Attorney of Health Law.		2. Assistance in interpretation of the legalese provided by Marina Pantchenko, Attorney of Health Law.

			[[Category:ID]]

TWilson: /* References */

2016-06-24T09:33:05Z

References

← Older revision		Revision as of 09:33, 24 June 2016
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	1. California Health and Safety Code Section 120990 (Consent Requirements for HIV Testing)		1. California Health and Safety Code Section 120990 (Consent Requirements for HIV Testing)

	2. ~~Interpretation~~ of the legalese provided by Marina Pantchenko, Attorney of Health Law.		2. Assistance in interpretation of the legalese provided by Marina Pantchenko, Attorney of Health Law.

TWilson: /* Difficult Situations */

2016-06-24T09:32:25Z

Difficult Situations

← Older revision		Revision as of 09:32, 24 June 2016
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	**If the source patient died, the source patient's blood can be obtained and tested regardless of any consenting.		**If the source patient died, the source patient's blood can be obtained and tested regardless of any consenting.
	**If the patient is living and there is no blood sample and the patient refuses to allow for a blood sample to be obtained, it appears that this is not permitted except as otherwise authorized by law.		**If the patient is living and there is no blood sample and the patient refuses to allow for a blood sample to be obtained, it appears that this is not permitted except as otherwise authorized by law.


	**The source patient has the option not to be informed of the results. If he/she does not want to be informed of the results, the results cannot be documented in his/her chart.		**The source patient has the option not to be informed of the results. If he/she does not want to be informed of the results, the results cannot be documented in his/her chart.




	**The exposed patient cannot directly attempt to obtain informed consent from the source patient.		**The exposed patient cannot directly attempt to obtain informed consent from the source patient.
	**Costs of the testing will be assumed by the employer of the exposed patient.		**Costs of the testing will be assumed by the employer of the exposed patient.


	*A medical provider can order a HIV test on a cadaver, or when autospy will be performed, or when body parts may be donated (Section 7150)		*A medical provider can order a HIV test on a cadaver, or when autospy will be performed, or when body parts may be donated (Section 7150)


	==External Links==		==External Links==

TWilson: /* References */

2016-06-24T09:20:08Z

References

← Older revision		Revision as of 09:20, 24 June 2016
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	==References==		==References==
	California Health and Safety Code Section 120990 (Consent Requirements for HIV Testing)		1. California Health and Safety Code Section 120990 (Consent Requirements for HIV Testing)

	Interpretation of the legalese provided by Marina Pantchenko, Attorney of Health Law.		2. Interpretation of the legalese provided by Marina Pantchenko, Attorney of Health Law.

TWilson: /* Requirements Before Ordering The Test */

2016-06-24T09:19:24Z

Requirements Before Ordering The Test

← Older revision		Revision as of 09:19, 24 June 2016
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	==Requirements Before Ordering The Test==		==Requirements Before Ordering The Test==
	Prior to ordering a test that identifies infection of a patient with HIV, a medical care provider		*Prior to ordering a test that identifies infection of a patient with HIV, a medical care provider shall:


	*MD shall
	**inform the patient he/she will be tested for HIV.		**inform the patient he/she will be tested for HIV.
	**provide information about the test		**provide information about the test
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	**document whether the informed consent was written or verbal		**document whether the informed consent was written or verbal
	**provide the results to the patient in timely manner with and counseling and contact for medical/psychological follow up		**provide the results to the patient in timely manner with and counseling and contact for medical/psychological follow up


	==Difficult Situations==		==Difficult Situations==

TWilson: /* References */

2016-06-24T02:10:10Z

References

← Older revision		Revision as of 02:10, 24 June 2016
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	==References==		==References==
	California Health and Safety Code Section 120990 (Consent Requirements for HIV Testing)		California Health and Safety Code Section 120990 (Consent Requirements for HIV Testing)

			Interpretation of the legalese provided by Marina Pantchenko, Attorney of Health Law.