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 authorize the conveyance 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 most appropriate by the health care professional, and a health care professional has already discussed the results with the patient.
My understanding is that this is a partial repeal or modification of California Health and Safety Code Section123148, which currently forbids physicians from sharing certain types of test results with patients online. That law has been in place since 2002, and I’ve written about it more than a few times on this blog. See: “What on earth is the rationale there?” : Prohibition on sharing test results with patients online in California | Ted Eytan, MD for a little discussion of this. That post is from 2009, so change has been slow.
I recommend taking a look at this and seeing if the proposed changes are more patient friendly, or if they go far enough to allow patients to see their health data online. I’m not a California resident or a legislative expert, so comments are welcome (they would be even if I was :)).
- “What on earth is the rationale there?” : Prohibition on sharing test results with patients online in California
- It’s been illegal in California since 2002 for a physician to give a woman her pap smear results online. AB-2253 would change that.
- California Health And Safety Code Section 123148 – Limits on sharing test result information with patients online
- Should Patients Get Direct Access to Their Laboratory Test Results? – — JAMA
- Why provide patient access to imaging and pathology results? A True Story (Disruptive Women in Health Care blog)