PRINTER'S NO. 51
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
59
Session of
2015
INTRODUCED BY BAKER, COHEN, FREEMAN, BOYLE, BROWNLEE, WHEATLEY,
CAUSER, BARRAR, O'BRIEN, SCHLOSSBERG, D. COSTA, MILLARD,
V. BROWN, WATSON, DeLUCA, MURT, GINGRICH, PICKETT AND MAJOR,
JANUARY 21, 2015
REFERRED TO COMMITTEE ON HEALTH, JANUARY 21, 2015
AN ACT
Providing for hepatitis C testing and treatment and for duties
of the Department of Health.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Hepatitis C
Screening Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Health of the Commonwealth.
"Health care facility." As defined in section 802.1 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"Health care practitioner." As defined in section 103 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
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Facilities Act.
"Health care provider." As defined in section 103 of the act
of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"Hepatitis C diagnostic test." Any laboratory test or tests
that detect the presence of hepatitis C virus in the blood and
provide confirmation of whether an individual has a hepatitis C
virus infection.
"Hepatitis C screening test." Any screening test or tests
that detect the presence of hepatitis C virus antibodies in the
blood.
"Hospital." As defined in section 802.1 of the act of July
19, 1979 (P.L.130, No.48), known as the Health Care Facilities
Act.
"Physician." As defined in section 2 of the act of December
20, 1985 (P.L.457, No.112), known as the Medical Practice Act of
1985.
"Primary care." Health care that emphasizes a patient's
general health needs and utilizes collaboration with other
health care professionals and consultation or referral as
appropriate to meet the needs identified.
Section 3. Hepatitis C screening.
(a) Requirement.--Each individual born between the years of
1945 and 1965 who receives health services as an inpatient in a
hospital or who receives primary care services in an outpatient
department of a hospital, health care facility or physician's
office shall be offered a hepatitis C screening test or
hepatitis C diagnostic test unless the health care practitioner
providing the services reasonably believes at least one of the
following:
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(1) The individual is being treated for a life-
threatening emergency.
(2) The individual has previously been offered or has
been the subject of a hepatitis C screening test.
(3) The individual lacks capacity to consent to a
hepatitis C screening test.
(b) Follow-up health care.--If an individual accepts the
offer of a hepatitis C screening test and the screening test is
reactive, the health care provider shall either offer the
individual follow-up health care or refer the individual to a
health care provider who can provide follow-up health care. The
follow-up health care shall include a hepatitis C diagnostic
test.
Section 4. Licensed practitioners.
This act shall not affect the scope of practice of any health
care practitioner or diminish any authority or legal or
professional obligation of any health care practitioner to offer
a hepatitis C screening test or hepatitis C diagnostic test or
to provide services or care for the subject of a hepatitis C
screening test or hepatitis C diagnostic test.
Section 5. Duties of department.
The offering of hepatitis C screening tests under this act
shall be culturally and linguistically appropriate in accordance
with regulations promulgated by the department.
Section 6. Effective date.
This act shall take effect in 60 days.
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