California 2013-2014 Regular Session Status: Enacted

AB 446 — HIV testing.

Last action — Chaptered by Secretary of State - Chapter 589, Statutes of 2013.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2013. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 10 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law requires a medical care provider, prior to ordering an HIV test, to, among other things, provide information about the test, inform the patient that there are numerous treatment options available for a patient who tests positive for HIV, and inform the patient that a person who tests negative for HIV should continue to be routinely tested. Existing law, with specified exceptions, requires a written statement documenting the test subject's informed consent prior to the performance of an HIV test. Existing law exempts from these provisions HIV tests that are independently requested by the patient from specified providers. This bill would require that the medical care provider or the person who administers the test also provide a patient with specified information after the test results are received. The bill would require informed consent, as specified, either orally or in writing, except when a person independently requests an HIV test from an HIV counseling and testing site, as specified. The bill would require the person administering a test for a provider covered by the exemption to document the person's independent request for the test. The bill would also exempt clinical laboratories from the informed consent requirements. This bill would require every patient who has blood drawn at a primary care clinic, as defined, and who has consented to the test to be offered an HIV test, consistent with the United States Preventive Services Task Force recommendations for screening, and would specify the manner in which the results of that test are provided. Existing law regulates the disclosure of test results for HIV and other diseases. Existing law prohibits the disclosure of HIV test results by Internet posting or other electronic means unless the patient requests the disclosure, the healthcare professional deems it appropriate, and the health care professional has first discussed the results in person or over the phone. This bill would authorize disclosure of HIV test results by Internet posting or other electronic means if the HIV test subject is anonymously tested and the result is posted on a secure Internet Web site and can only be viewed with the use of a secure code that can access only a single set of test results and that is provided to the patient at the time of testing.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 589, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 2. Page 3232.).

  5. Assembly Rule 77 suspended. (Page 3227.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 2334.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 6. Noes 0.) (August 30).

  12. In committee: Placed on APPR. suspense file.

  13. In committee: Hearing postponed by committee.

  14. Read second time and amended. Re-referred to Com. on APPR.

  15. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 2).

  16. From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (June 26). Re-referred to Com. on JUD.

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

  18. Referred to Coms. on HEALTH and JUD.

  19. In Senate. Read first time. To Com. on RLS. for assignment.

  20. Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 1. Page 1732.)

  21. Read second time. Ordered to third reading.

  22. Read second time and amended. Ordered to second reading.

  23. From committee: Do pass as amended. (Ayes 16. Noes 1.) (May 24).

  24. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

  25. Read second time. Ordered to third reading.

  26. Read second time and amended. Ordered to second reading.

  27. From committee: Do pass as amended. (Ayes 18. Noes 0.) (May 7).

  28. Re-referred to Com. on HEALTH.

  29. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  30. From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 10. Noes 0.) (April 30). Re-referred to Com. on HEALTH.

  31. In committee: Hearing postponed by committee.

  32. Referred to Coms. on JUD. and HEALTH.

  33. From printer. May be heard in committee March 22.

  34. Read first time. To print.

Sponsors

  • Mitchell · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Mitchell

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 446 MITCHELL Concurrence in Senate Amendments

Passed 76 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 69200
Democratic 4000
Republican 3000
Total 76200
% of votes cast 97%3%0%0%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Maienschein — Yea
Mansoor — Yea
Mullin — Yea
Olsen — Yea
Pan — Yea
Quirk — Yea
Wilk — Yea
Williams — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gatto — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Harkey — Yea
Chesbro — Yea
Jones-Sawyer — Yea
Allen — Nay
Levine — Yea
Chávez — Yea
Medina — Yea
Melendez — Yea
Alejo — Yea
Bloom — Yea
Conway — Yea
Cooley — Yea
Donnelly — Nay
Morrell — Yea
Nestande — Yea
Perea — Yea
Rendon — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wieckowski — Yea
Daly — Yea
Gorell — Yea
Hagman — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Holden — Yea
Fong — Yea
Mitchell — Yea
Bigelow — Yea
Linder — Yea
Logue — Yea
Nazarian — Yea
Skinner — Yea
Waldron — Yea
Dickinson — Yea
Eggman — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Gomez — Yea
Gordon — Yea
Hall — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB446 Mitchell By Hernandez

Passed 36 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Democratic 3000
Total 36003
% of votes cast 92%0%0%8%
How each member voted (39)
Member Party Vote
Anderson — Yea
Hueso — Yea
Leno — Yea
Lieu — Yea
Monning — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
Wyland — Yea
Cannella — Yea
Fuller — Yea
Galgiani — Yea
Hernandez — Yea
Beall — Yea
Block — Yea
Huff — Yea
Liu — Yea
Nielsen — Yea
Steinberg — Yea
Torres — Yea
De León — Not Voting
Hill — Yea
Knight — Yea
Lara — Not Voting
Pavley — Yea
Roth — Yea
Vidak — Yea
DeSaulnier — Yea
Yee — Yea
Hancock — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 5001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Walters — Yea
Hill — Yea
Lara — Not Voting
De León — Yea
Steinberg — Yea
Beth Gaines — Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass, but re-refer to the Committee on Judiciary.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Hernandez — Yea
De León — Yea
Monning — Yea
Nielsen — Yea
Pavley — Yea
Anderson — Yea
Beall — Yea
Wolk — Yea
DeSaulnier — Yea

Official roll call →

AB 446 MITCHELL Assembly Third Reading

Passed 72 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 63104
Democratic 6001
Republican 3001
Total 72106
% of votes cast 91%1%0%8%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Not Voting
Mansoor — Yea
Melendez — Yea
Morrell — Yea
Rendon — Yea
Weber — Yea
Wieckowski — Yea
Cooley — Yea
Stone — Yea
Lowenthal — Yea
Gray — Yea
Atkins — Yea
Gorell — Yea
Hagman — Yea
Logue — Yea
Nazarian — Yea
Olsen — Yea
Skinner — Yea
Waldron — Yea
Mitchell — Yea
Daly — Yea
Wilk — Yea
Eggman — Yea
Gonzalez — Yea
Holden — Not Voting
Levine — Yea
Maienschein — Yea
Bocanegra — Yea
Mullin — Yea
John A. Pérez — Yea
Nestande — Yea
Salas — Yea
Perea — Yea
Campos — Yea
Ting — Yea
Wagner — Yea
Chau — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Dickinson — Yea
Donnelly — Nay
Williams — Yea
Fox — Not Voting
Gordon — Not Voting
Bonilla — Yea
Harkey — Yea
Medina — Yea
Ammiano — Yea
Pan — Yea
Quirk — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gomez — Yea
Hall — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Patterson, Joe Republican Not Voting

Official roll call →

Do pass as amended.

Passed 16 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15100
Democratic 1000
Total 16100
% of votes cast 94%6%0%0%
How each member voted (17)
Member Party Vote
Ammiano — Yea
Bradford — Yea
Linder — Yea
Weber — Yea
Gomez — Yea
Harkey — Yea
Bocanegra — Yea
Campos — Yea
Pan — Yea
Bigelow — Yea
Donnelly — Nay
Eggman — Yea
Quirk — Yea
Wagner — Yea
Gatto — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended.

Passed 18 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 17001
Democratic 1000
Total 18001
% of votes cast 95%0%0%5%
How each member voted (19)
Member Party Vote
Ammiano — Yea
Maienschein — Yea
Mansoor — Yea
Wieckowski — Yea
Bonilla — Yea
Nazarian — Yea
Wagner — Yea
Mitchell — Yea
Lowenthal — Yea
Atkins — Yea
Gomez — Yea
Chesbro — Yea
Logue — Not Voting
Nestande — Yea
Pan — Yea
Wilk — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does AB 446 do?
Existing law requires a medical care provider, prior to ordering an HIV test, to, among other things, provide information about the test, inform the patient that there are numerous treatment options available for a patient who tests positive for HIV, and inform the patient that a person who tests negative for HIV should continue to be routinely tested. Existing law, with specified exceptions, requires a written statement documenting the test subject's informed consent prior to the performance of an HIV test. Existing law exempts from these provisions HIV tests that are independently requested by the patient from specified providers. This bill would require that the medical care provider or the person who administers the test also provide a patient with specified information after the test results are received. The bill would require informed consent, as specified, either orally or in writing, except when a person independently requests an HIV test from an HIV counseling and testing site, as specified. The bill would require the person administering a test for a provider covered by the exemption to document the person's independent request for the test. The bill would also exempt clinical laboratories from the informed consent requirements. This bill would require every patient who has blood drawn at a primary care clinic, as defined, and who has consented to the test to be offered an HIV test, consistent with the United States Preventive Services Task Force recommendations for screening, and would specify the manner in which the results of that test are provided. Existing law regulates the disclosure of test results for HIV and other diseases. Existing law prohibits the disclosure of HIV test results by Internet posting or other electronic means unless the patient requests the disclosure, the healthcare professional deems it appropriate, and the health care professional has first discussed the results in person or over the phone. This bill would authorize disclosure of HIV test results by Internet posting or other electronic means if the HIV test subject is anonymously tested and the result is posted on a secure Internet Web site and can only be viewed with the use of a secure code that can access only a single set of test results and that is provided to the patient at the time of testing.
Who sponsors AB 446?
AB 446 is sponsored by Mitchell.
What is the current status of AB 446?
This bill has been enacted into law. Introduced February 19, 2013. Enacted.
Where can I track AB 446?
Track AB 446 free on One Click Politics — get push/email alerts when it moves.

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