AN ACT

 

1Providing for hepatitis C testing and treatment and for duties
2of the Department of Health.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Hepatitis C
7Screening Act.

8Section 2. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Department." The Department of Health of the Commonwealth.

13"Health care facility." As defined in section 802.1 of the
14act of July 19, 1979 (P.L.130, No.48), known as the Health Care
15Facilities Act.

16"Health care practitioner." As defined in section 103 of the

1act of July 19, 1979 (P.L.130, No.48), known as the Health Care
2Facilities Act.

3"Health care provider." As defined in section 103 of the act
4of July 19, 1979 (P.L.130, No.48), known as the Health Care
5Facilities Act.

6"Hepatitis C diagnostic test." Any laboratory test or tests
7that detect the presence of hepatitis C virus in the blood and
8provide confirmation of whether an individual has a hepatitis C
9virus infection.

10"Hepatitis C screening test." Any laboratory screening test
11or tests that detect the presence of hepatitis C virus
12antibodies in the blood.

13"Hospital." As defined in section 802.1 of the act of July
1419, 1979 (P.L.130, No.48), known as the Health Care Facilities
15Act.

16"Physician." As defined in section 2 of the act of December
1720, 1985 (P.L.457, No.112), known as the Medical Practice Act of
181985.

19"Primary care." Health care that emphasizes a patient's
20general health needs and utilizes collaboration with other
21health care professionals and consultation or referral as
22appropriate to meet the needs identified.

23Section 3. Hepatitis C screening.

24(a) Requirement.--Each individual born between the years of
251945 and 1965 who receives health services as an inpatient in a
26hospital or who receives primary care services in an outpatient
27department of a hospital, health care facility or physician's
28office shall be offered a hepatitis C screening test or
29hepatitis C diagnostic test unless the health care practitioner
30providing the services reasonably believes at least one of the

1following:

2(1) The individual is being treated for a life-
3threatening emergency.

4(2) The individual has previously been offered or has
5been the subject of a hepatitis C screening test, except that
6a test shall be offered if otherwise indicated.

7(3) The individual lacks capacity to consent to a
8hepatitis C screening test.

9(b) Follow-up health care.--If an individual accepts the
10offer of a hepatitis C screening test and the screening test is
11reactive, the health care provider shall either offer the
12individual follow-up health care or refer the individual to a
13health care provider who can provide follow-up health care. The
14follow-up health care shall include a hepatitis C diagnostic
15test.

16Section 4. Reporting.

17(a) Department.--On or before January 1, 2016, the
18department shall evaluate and report on the impact of this act
19with respect to:

20(1) The number of persons who are screened for hepatitis
21C.

22(2) The number of persons who have accessed care
23following a positive test for hepatitis C.

24(b) Submission.--The report shall be submitted to the
25Governor and to the chairman and minority chairman of the Public
26Health and Welfare Committee of the Senate and the chairman and
27minority chairman of the Health Committee of the House of
28Representatives.

29Section 5. Licensed practitioners.

30This act shall not affect the scope of practice of any health

1care practitioner or diminish any authority or legal or
2professional obligation of any health care practitioner to offer
3a hepatitis C screening test or hepatitis C diagnostic test or
4to provide services or care for the subject of a hepatitis C
5screening test or hepatitis C diagnostic test.

6Section 6. Duties of department.

7The offering of hepatitis C screening testing under this act
8shall be culturally and linguistically appropriate in accordance
9with regulations promulgated by the department.

10Section 7. Effective date.

11This act shall take effect in 60 days.