Bill Text: CA AB2253 | 2011-2012 | Regular Session | Chaptered
Bill Title: Clinical laboratory test results: electronic conveyance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-28 - Chaptered by Secretary of State - Chapter 698, Statutes of 2012. [AB2253 Detail]
Download: California-2011-AB2253-Chaptered.html
BILL NUMBER: AB 2253 CHAPTERED
BILL TEXT
CHAPTER 698
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2012
APPROVED BY GOVERNOR SEPTEMBER 28, 2012
PASSED THE SENATE AUGUST 29, 2012
PASSED THE ASSEMBLY AUGUST 30, 2012
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE AUGUST 23, 2012
INTRODUCED BY Assembly Member Pan
FEBRUARY 24, 2012
An act to amend Section 123148 of the Health and Safety Code,
relating to health records.
LEGISLATIVE COUNSEL'S DIGEST
AB 2253, Pan. Clinical laboratory test results: electronic
conveyance.
Existing law authorizes the results of a clinical laboratory test
performed at the request of a health care professional to be conveyed
to the patient in electronic form if requested by the patient and if
deemed most appropriate by the health care professional, except that
existing law prohibits the conveyance by Internet posting or other
electronic means of test results relating to HIV antibodies, the
presence of hepatitis antigens, and the abuse of drugs, and specified
test results that reveal a malignancy.
This bill would revise these provisions to refer to the disclosure
of test results, would provide that the telephone is not a form of
electronic communication, and would authorize the disclosure by
Internet posting or other electronic means of clinical laboratory
test results related to HIV antibodies, the presence of hepatitis
antigens, and the abuse of drugs, and specified test results that
reveal a malignancy if requested by the patient, the means of
conveyance is deemed appropriate by the health care professional, and
a health care professional has already discussed the results with
the patient.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 123148 of the Health and Safety Code is amended
to read:
123148. (a) Notwithstanding any other provision of law, a health
care professional at whose request a test is performed shall provide
or arrange for the provision of the results of a clinical laboratory
test to the patient who is the subject of the test if so requested
by the patient, in oral or written form. The results shall be
disclosed in plain language and in oral or written form, except the
results may be disclosed in electronic form if requested by the
patient and if deemed most appropriate by the health care
professional who requested the test. The telephone shall not be
considered an electronic form of disclosing laboratory results
subject to the limits on electronic disclosure of test results for
the purpose of this section.
(b) (1) Consent of the patient to receive his or her laboratory
results by Internet posting or other electronic means shall be
obtained in a manner consistent with the requirements of Section
56.10 or 56.11 of the Civil Code. In the event that a health care
professional arranges for the provision of test results by Internet
posting or other electronic manner, the results shall be disclosed to
a patient in a reasonable time period, but only after the results
have been reviewed by the health care professional. Access to
clinical laboratory test results shall be restricted by the use of a
secure personal identification number when the results are disclosed
to a patient by Internet posting or other electronic manner.
(2) Nothing in paragraph (1) shall prohibit direct communication
by Internet posting or the use of other electronic means to disclose
clinical laboratory test results by a treating health care
professional who ordered the test for his or her patient or by a
health care professional acting on behalf of, or with the
authorization of, the treating health care professional who ordered
the test.
(c) When a patient requests access to his or her laboratory test
results by Internet posting, the health care professional shall
advise the patient of any charges that may be assessed directly to
the patient or insurer for the service and that the patient may call
the health care professional for a more detailed explanation of the
laboratory test results when delivered.
(d) The electronic disclosure of test results under this section
shall be in accordance with any applicable federal law governing
privacy and security of electronic personal health records. However,
any state statute, if enacted, that governs privacy and security of
electronic personal health records, shall apply to test results under
this section and shall prevail over federal law if federal law
permits.
(e) The test results to be reported to the patient pursuant to
this section shall be recorded in the patient's medical record, and
shall be reported to the patient within a reasonable time period
after the test results are received at the offices of the health care
professional who requested the test.
(f) Notwithstanding subdivision (a), unless the patient requests
the disclosure, the health care professional deems this disclosure as
an appropriate means, and a health care professional has first
discussed in person, by telephone, or by any other means of oral
communication, the test results with the patient, in compliance with
any other applicable laws, none of the following clinical laboratory
test results and any other related results shall be disclosed to a
patient by Internet posting or other electronic means:
(1) HIV antibody test.
(2) Presence of antigens indicating a hepatitis infection.
(3) Abusing the use of drugs.
(4) Test results related to routinely processed tissues, including
skin biopsies, Pap smear tests, products of conception, and bone
marrow aspirations for morphological evaluation, if they reveal a
malignancy.
(g) Patient identifiable test results and health information that
have been provided under this section shall not be used for any
commercial purpose without the consent of the patient, obtained in a
manner consistent with the requirements of Section 56.11 of the Civil
Code. In no event shall patient identifiable HIV-related test
results and health information disclosed in this section be used in
violation of subdivision (f) of Section 120980.
(h) Any third party to whom laboratory test results are disclosed
pursuant to this section shall be deemed a provider of administrative
services, as that term is used in paragraph (3) of subdivision (c)
of Section 56.10 of the Civil Code, and shall be subject to all
limitations and penalties applicable to that section.
(i) A patient may not be required to pay any cost, or be charged
any fee, for electing to receive his or her laboratory results in any
manner other than by Internet posting or other electronic form.
(j) A patient or his or her physician may revoke any consent
provided under this section at any time and without penalty, except
to the extent that action has been taken in reliance on that consent.
