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.

1"Health care practitioner." As defined in section 103 of the
2act of July 19, 1979 (P.L.130, No.48), known as the Health Care
3Facilities Act.

4"Health care provider." As defined in section 103 of the act
5of July 19, 1979 (P.L.130, No.48), known as the Health Care
6Facilities Act.

7"Hepatitis C diagnostic test." Any laboratory test or tests
8that detect the presence of hepatitis C virus in the blood and
9provide confirmation of whether an individual has a hepatitis C
10virus infection.

11"Hepatitis C screening test." Any laboratory screening test
12or tests that detect the presence of hepatitis C virus
13antibodies in the blood.

14"Hospital." As defined in section 802.1 of the act of July
1519, 1979 (P.L.130, No.48), known as the Health Care Facilities
16Act.

17"Physician." As defined in section 2 of the act of December
1820, 1985 (P.L.457, No.112), known as the Medical Practice Act of
191985.

20"Primary care." Health care that emphasizes a patient's
21general health needs and utilizes collaboration with other
22health care professionals and consultation or referral as
23appropriate to meet the needs identified.

24Section 3. Hepatitis C screening.

25(a) Requirement.--Each individual born between the years of
261945 and 1965 who receives health services as an inpatient in a
27hospital or who receives primary care services in an outpatient
28department of a hospital, health care facility or physician's
29office shall be offered a hepatitis C screening test or
30hepatitis C diagnostic test unless the health care practitioner

1providing the services reasonably believes at least one of the
2following:

3(1) The individual is being treated for a life-
4threatening emergency.

5(2) The individual has previously been offered or has
6been the subject of a hepatitis C screening test, except that
7a test shall be offered if otherwise indicated.

8(3) The individual lacks capacity to consent to a
9hepatitis C screening test.

10(b) Follow-up health care.--If an individual accepts the
11offer of a hepatitis C screening test and the screening test is
12reactive, the health care provider shall either offer the
13individual follow-up health care or refer the individual to a
14health care provider who can provide follow-up health care. The
15follow-up health care shall include a hepatitis C diagnostic
16test.

<-17Section 4. Reporting.

18(a) Department.--On or before January 1, 2016, the
19department shall evaluate and report on the impact of this act
20with respect to:

21(1) The number of persons who are screened for hepatitis
22C.

23(2) The number of persons who have accessed care
24following a positive test for hepatitis C.

25(b) Submission.--The report shall be submitted to the
26Governor and to the chairman and minority chairman of the Public
27Health and Welfare Committee of the Senate and the chairman and
28minority chairman of the Health Committee of the House of
29Representatives.

30Section <-5 4. Licensed practitioners.

1This act shall not affect the scope of practice of any health
2care practitioner or diminish any authority or legal or
3professional obligation of any health care practitioner to offer
4a hepatitis C screening test or hepatitis C diagnostic test or
5to provide services or care for the subject of a hepatitis C
6screening test or hepatitis C diagnostic test.

7Section <-6 5. Duties of department.

8The offering of hepatitis C screening testing under this act
9shall be culturally and linguistically appropriate in accordance
10with regulations promulgated by the department.

11Section <-7 6. Effective date.

12This act shall take effect in 60 days.