SB 306

Bill Subjects

Abstract

(1) Existing law authorizes a specified health care provider who diagnoses an STD, as specified, to prescribe, dispense, furnish, or otherwise provide prescription antibiotic drugs to that patient's sexual partner or partners without examination of that patient's partner or partners. The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. A violation of the Pharmacy Law is a crime. The Pharmacy Law requires a pharmacist to dispense a prescription in a container that, among other things, is correctly labeled with the name of the patient or patients. Existing regulation requires a pharmacist to ensure that a patient receives written notice of their right to consult with a pharmacist, when the patient or the patient's agent is not present. This bill would name the above practice "expedited partner therapy." The bill would require a health care provider to include "expedited partner therapy" or "EPT" on a prescription if the practitioner does not have the name of a patient's sexual partner, and would authorize a pharmacist to dispense an expedited partner therapy prescription and label the drug without an individual's name if the prescription includes "expedited partner therapy" or "EPT." The bill would specify that a health care provider is not liable in a medical malpractice action or professional disciplinary action, and that a pharmacist is not liable in a civil, criminal, or administrative action, if the health care provider's use of expedited partner therapy is in compliance with the law, except in cases of intentional misconduct, gross negligence, or wanton or reckless activity. The bill would amend the Pharmacy Law to require a pharmacist to provide written notice that describes the right of an individual receiving expedited partner therapy to consult with a pharmacist about the medication and potential drug interactions. By expanding the scope of a crime, the bill would create a state-mandated local program. (2) Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan contract or health insurance policy to provide coverage for reproductive and sexual health care services. This bill would require health care service plans and insurers to provide coverage for home test kits for sexually transmitted diseases, as defined, and the laboratory costs for processing those kits, that are deemed medically necessary or appropriate and ordered directly by a health care provider or furnished through a standing order for patient use based on clinical guidelines and individual patient health needs. By expanding the definition of a crime, this bill would impose a state-mandated local program. (3) Existing law requires every licensed physician and surgeon or other person engaged in prenatal care of a pregnant woman, or attending the woman at the time of delivery, to obtain or cause to be obtained a blood specimen of the woman to test for syphilis at the time of the first professional visit or within 10 days thereafter. This bill would instead require every licensed health care professional engaged in providing prenatal care or attending a birthing patient at the time of delivery to provide syphilis screening and testing as outlined in the most recent guidelines published by the State Department of Public Health or other clinical guidelines. (4) Under existing law, the State Department of Public Health licenses, registers, and regulates clinical laboratories and various clinical laboratory personnel. Existing law authorizes an HIV counselor who receives specified training and works in specified counseling and testing sites to perform HIV, hepatitis C virus (HCV) , or combined HIV/HCV tests, including performing skin punctures for purposes of withdrawing blood for purposes of these tests, as specified. Under existing law, an HIV counselor must receive training directly from the Office of AIDS or work directly with HIV counseling staff that have been trained by the Office of AIDS or its agents. This bill would authorize an HIV counselor to also perform specified sexually transmitted disease (STD) tests. The bill would require an HIV counselor to demonstrate sufficient knowledge of HIV, HCV, and STDs to provide appropriate counseling and referrals to patients and to demonstrate proficiency in administering rapid HIV, HCV, and STD tests before administering those tests. The bill would also allow HIV counselors to receive HIV counseling training through a training course that has been certified by the Office of AIDS and would authorize that department to determine which tests are to be included in trainings. (5) Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law prohibits a Medi-Cal managed care plan from restricting a beneficiary's choice of a qualified provider from whom the beneficiary may receive covered family planning services. Under existing law, the Medi-Cal program administers the Family Planning, Access, Care, and Treatment (Family PACT) Program within the department to provide comprehensive clinical family planning services to a person with a family income at or below 200% of the federal poverty level. Existing law authorizes the department, subject to appropriation and draw down of federal matching funds, to provide reimbursement for sexually transmitted disease related services as part of the Family PACT Program. The bill would, under specified conditions, include in the benefits for Medi-Cal and the Family PACT program home test kits for sexually transmitted diseases and the laboratory testing required to process those kits that are deemed medically necessary or appropriate and ordered directly by a health care provider or furnished through a standing order for patient use based on clinical guidelines and individual patient health needs. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.