Bill Text: FL S1220 | 2010 | Regular Session | Introduced
Bill Title: Infectious Disease Testing/Juvenile Centers [SPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S1220 Detail]
Download: Florida-2010-S1220-Introduced.html
Florida Senate - 2010 SB 1220 By Senator Wilson 33-00943-10 20101220__ 1 A bill to be entitled 2 An act relating to the testing of children for 3 infectious diseases in certain juvenile detention 4 facilities or juvenile assessment centers; creating s. 5 985.1351, F.S.; requiring each juvenile assessment 6 center or juvenile detention facility to have a 7 written procedure regarding the testing of juveniles 8 for infectious diseases; requiring the Department of 9 Health to designate certain counties, if approved by 10 the county’s governing body, to participate in a 11 program to test each juvenile for HIV who is referred 12 to or who is under the supervision of the Department 13 of Juvenile Justice; requiring certain juvenile 14 assessment centers or juvenile detention facilities to 15 comply with certain requirements regarding the release 16 of juveniles who are HIV positive; requiring the 17 disclosure of certain juveniles’ HIV tests under 18 certain circumstances; providing that any serologic 19 blood test results of a juvenile is part of the 20 juvenile’s permanent medical file; providing sovereign 21 immunity to certain state agencies or employees for 22 negligently causing death or personal injury arising 23 out of compliance with the act; amending s. 381.004, 24 F.S.; providing that informed consent is not required 25 for an HIV test of a juvenile which is performed 26 during the intake process at a juvenile assessment 27 center or juvenile detention facility; providing an 28 effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Section 985.1351, Florida Statutes, is created 33 to read: 34 985.1351 Blood test of a child referred to or under the 35 supervision of the department.— 36 (1) Each juvenile assessment center or juvenile detention 37 facility shall have a written procedure, developed in 38 consultation with a facility medical provider, establishing 39 conditions under which a child who is referred to or under the 40 supervision of the department will be tested for infectious 41 diseases, including human immunodeficiency virus, which 42 procedure must be consistent with guidelines of the Centers for 43 Disease Control and Prevention and recommendations of the 44 Correctional Medical Authority. It is not unlawful for the 45 person receiving the test results to divulge the test results to 46 the child’s parents, guardian, or legal custodian or to the 47 juvenile probation officer assigned to the child. 48 (2)(a) The Department of Health shall designate two 49 counties having a population of 1.2 million or more and five 50 counties having a population of fewer than 1.2 million to 51 participate in the testing program provided in this subsection, 52 if participation in the testing program is authorized by a 53 majority of the county’s governing body. Each juvenile 54 assessment center or juvenile detention facility that lies 55 within the authority of any participating county shall, 56 consistent with s. 381.004(3), perform an HIV test as defined in 57 s. 381.004(2) during the intake process on each child who is 58 referred to or is under the supervision of the department unless 59 the center or facility knows that the child is HIV positive. The 60 required test must be performed within 20 days after the intake 61 date of the child. A test is not required under this paragraph 62 if a child who is taken into custody is released within 10 days 63 to his or her parent, guardian, legal custodian, or, if the 64 child’s parent, guardian, or legal custodian is not available, 65 unwilling, or unable to provide supervision for the child, to 66 any responsible adult pursuant to s. 985.115(2)(a). 67 (b) Each juvenile assessment center or juvenile detention 68 facility in a county that participates in the testing program 69 authorized in paragraph (a) must comply with the requirements of 70 this paragraph. If the assessment center or detention facility 71 knows that a child who is to be released from the center or 72 facility is HIV positive or has received a positive HIV test 73 result, that center or facility shall, before the child is 74 released: 75 1. Notify, consistent with s. 381.004(3), the Department of 76 Health and the county health department in the county where the 77 child being released plans to reside of the release date and HIV 78 status of the child. 79 2. Provide special transitional assistance to the child and 80 his or her parents, guardian, or legal custodian, which must 81 include: 82 a. Education on preventing the transmission of HIV to 83 others and on the importance of receiving followup medical care 84 and treatment. 85 b. A written, individualized discharge plan that includes 86 records of all laboratory and diagnostic test results, 87 medication and treatment information, and referrals to and 88 contacts with the county health department and local primary 89 medical care services for the treatment of HIV infection which 90 are available in the area where the child plans to reside. 91 (3) Upon request of the victim or the victim’s legal 92 guardian, or the parent or legal guardian of the victim if the 93 victim is a minor, the results of any HIV test performed on a 94 child who has been arrested for any sexual offense involving 95 oral, anal, or vaginal penetration by, or union with, the sexual 96 organ of another, shall be disclosed to the victim or the 97 victim’s legal guardian, or to the parent or legal guardian of 98 the victim if the victim is a minor. In such cases, the juvenile 99 assessment center or juvenile detention facility shall furnish 100 the test results to the Department of Health, which shall 101 disclose the results to public health agencies as provided in s. 102 775.0877 and to the victim or the victim’s legal guardian, or 103 the parent or legal guardian of the victim if the victim is a 104 minor, as provided in s. 960.003(3). 105 (4) The results of any serologic blood test of a child are 106 a part of that child’s permanent medical file. Upon the transfer 107 of the child to any other juvenile assessment center or juvenile 108 detention facility, such file shall also be transferred and all 109 relevant authorized persons must be notified of positive HIV 110 test results as required in s. 775.0877. 111 (5) Notwithstanding any law providing for a waiver of 112 sovereign immunity, the state, its agencies or subdivisions, and 113 employees of the state, its agencies, or subdivisions, are not 114 liable to any person for negligently causing death or personal 115 injury arising out of compliance with this section. 116 Section 2. Subsection (3) of section 381.004, Florida 117 Statutes, is amended to read: 118 381.004 HIV testing.— 119 (3)HUMAN IMMUNODEFICIENCY VIRUS TESTING;INFORMED CONSENT; 120 RESULTS; COUNSELING; CONFIDENTIALITY.— 121 (a) ANoperson in this state may notshallorder a test 122 designed to identify the human immunodeficiency virus, or its 123 antigen or antibody, without first obtaining the informed 124 consent of the person upon whom the test is being performed, 125 except as specified in paragraph (h). Informed consent shall be 126 preceded by an explanation of the right to confidential 127 treatment of information identifying the subject of the test and 128 the results of the test to the extent provided by law. 129 Information shall also be provided on the fact that a positive 130 HIV test result will be reported to the county health department 131 with sufficient information to identify the test subject and on 132 the availability and location of sites at which anonymous 133 testing is performed. As required in paragraph (4)(c), each 134 county health department shall maintain a list of sites at which 135 anonymous testing is performed, including the locations, phone 136 numbers, and hours of operation of the sites. Consent need not 137 be in writing provided there is documentation in the medical 138 record that the test has been explained and the consent has been 139 obtained. 140 (b) Except as provided in paragraph (h), informed consent 141 must be obtained from a legal guardian or other person 142 authorized by law when the person: 143 1. Is not competent, is incapacitated, or is otherwise 144 unable to make an informed judgment; or 145 2. Has not reached the age of majority, except as provided 146 in s. 384.30. 147 (c) The person ordering the test or that person’s designee 148 shall ensure that all reasonable efforts are made to notify the 149 test subject of his or her test result. Notification of a person 150 with a positive test result shall include information on the 151 availability of appropriate medical and support services, on the 152 importance of notifying partners who may have been exposed, and 153 on preventing transmission of HIV. Notification of a person with 154 a negative test result shall include, as appropriate, 155 information on preventing the transmission of HIV. When testing 156 occurs in a hospital emergency department, detention facility, 157 or other facility and the test subject has been released before 158 being notified of positive test results, informing the county 159 health department for that department to notify the test subject 160 fulfills this responsibility. 161 (d) A positive preliminary test result may not be revealed 162 to any person except in the following situations: 163 1. Preliminary test results may be released to licensed 164 physicians or the medical or nonmedical personnel subject to the 165 significant exposure for purposes of subparagraphs (h)10., 11., 166 and 12. 167 2. Preliminary test results may be released to health care 168 providers and to the person tested when decisions about medical 169 care or treatment of, or recommendation to, the person tested 170 and, in the case of an intrapartum or postpartum woman, when 171 care, treatment, or recommendations regarding her newborn, 172 cannot await the results of confirmatory testing. Positive 173 preliminary HIV test results may not be characterized to the 174 patient as a diagnosis of HIV infection. Justification for the 175 use of preliminary test results must be documented in the 176 medical record by the health care provider who ordered the test. 177 3. The results of rapid testing technologies shall be 178 considered preliminary and may be released in accordance with 179 the manufacturer’s instructions as approved by the federal Food 180 and Drug Administration. 181 4. Corroborating or confirmatory testing must be conducted 182 as followup to a positive preliminary test. Results shall be 183 communicated to the patient according to statute regardless of 184 the outcome. Except as provided in this section, test results 185 are confidential and exempt from the provisions of s. 119.07(1). 186 (e) Except as provided in this section, the identity of any 187 person upon whom a test has been performed and test results are 188 confidential and exempt from the provisions of s. 119.07(1). A 189Noperson who has obtained or has knowledge of a test result 190 pursuant to this section may not disclose or be compelled to 191 disclose the identity of any person upon whom a test is 192 performed, or the results of such a test in a manner thatwhich193 permits identification of the subject of the test, except to the 194 following persons: 195 1. The subject of the test or the subject’s legally 196 authorized representative. 197 2. Any person, including third-party payors, designated in 198 a legally effective release of the test results executed prior 199 to or after the test by the subject of the test or the subject’s 200 legally authorized representative. The test subject may in 201 writing authorize the disclosure of the test subject’s HIV test 202 results to third party payors, who need not be specifically 203 identified, and to other persons to whom the test subject 204 subsequently issues a general release of medical information. A 205 general release without such prior written authorization is not 206 sufficient to release HIV test results. 207 3. An authorized agent or employee of a health facility or 208 health care provider if the health facility or health care 209 provider itself is authorized to obtain the test results, the 210 agent or employee participates in the administration or 211 provision of patient care or handles or processes specimens of 212 body fluids or tissues, and the agent or employee has a need to 213 know such information. The department shall adopt a rule 214 defining which persons have a need to know pursuant to this 215 subparagraph. 216 4. Health care providers consulting between themselves or 217 with health care facilities to determine diagnosis and 218 treatment. For purposes of this subparagraph, health care 219 providers shall include licensed health care professionals 220 employed by or associated with state, county, or municipal 221 detention facilities when such health care professionals are 222 acting exclusively for the purpose of providing diagnoses or 223 treatment of persons in the custody of such facilities. 224 5. The department, in accordance with rules for reporting 225 and controlling the spread of disease, as otherwise provided by 226 state law. 227 6. A health facility or health care provider which 228 procures, processes, distributes, or uses: 229 a. A human body part from a deceased person, with respect 230 to medical information regarding that person; or 231 b. Semen provided prior to July 6, 1988, for the purpose of 232 artificial insemination. 233 7. Health facility staff committees, for the purposes of 234 conducting program monitoring, program evaluation, or service 235 reviews pursuant to chapters 395 and 766. 236 8. Authorized medical or epidemiological researchers who 237 may not further disclose any identifying characteristics or 238 information. 239 9. A person allowed access by a court order which is issued 240 in compliance with the following provisions: 241 a. ANocourt of this state may notshallissue such order 242 unless the court finds that the person seeking the test results 243 has demonstrated a compelling need for the test results which 244 cannot be accommodated by other means. In assessing compelling 245 need, the court shall weigh the need for disclosure against the 246 privacy interest of the test subject and the public interest 247 which may be disserved by disclosure which deters blood, organ, 248 and semen donation and future human immunodeficiency virus 249 related testing or which may lead to discrimination. This 250 paragraph shall not apply to blood bank donor records. 251 b. Pleadings pertaining to disclosure of test results shall 252 substitute a pseudonym for the true name of the subject of the 253 test. The disclosure to the parties of the subject’s true name 254 shall be communicated confidentially in documents not filed with 255 the court. 256 c. Before granting any such order, the court shall provide 257 the individual whose test result is in question with notice and 258 a reasonable opportunity to participate in the proceedings if he 259 or she is not already a party. 260 d. Court proceedings as to disclosure of test results shall 261 be conducted in camera, unless the subject of the test agrees to 262 a hearing in open court or unless the court determines that a 263 public hearing is necessary to the public interest and the 264 proper administration of justice. 265 e. Upon the issuance of an order to disclose test results, 266 the court shall impose appropriate safeguards against 267 unauthorized disclosure which shall specify the persons who may 268 have access to the information, the purposes for which the 269 information shall be used, and appropriate prohibitions on 270 future disclosure. 271 10. A person allowed access by order of a judge of 272 compensation claims of the Division of Administrative Hearings. 273 A judge of compensation claims shall not issue such order unless 274 he or she finds that the person seeking the test results has 275 demonstrated a compelling need for the test results which cannot 276 be accommodated by other means. 277 11. Those employees of the department or of child-placing 278 or child-caring agencies or of family foster homes, licensed 279 pursuant to s. 409.175, who are directly involved in the 280 placement, care, control, or custody of such test subject and 281 who have a need to know such information; adoptive parents of 282 such test subject; or any adult custodian, any adult relative, 283 or any person responsible for the child’s welfare, if the test 284 subject was not tested under subparagraph (b)2. and if a 285 reasonable attempt has been made to locate and inform the legal 286 guardian of a test result. The department shall adopt a rule to 287 implement this subparagraph. 288 12. Those employees of residential facilities or of 289 community-based care programs that care for developmentally 290 disabled persons, pursuant to chapter 393, who are directly 291 involved in the care, control, or custody of such test subject 292 and who have a need to know such information. 293 13. A health care provider involved in the delivery of a 294 child can note the mother’s HIV test results in the child’s 295 medical record. 296 14. Medical personnel or nonmedical personnel who have been 297 subject to a significant exposure during the course of medical 298 practice or in the performance of professional duties, or 299 individuals who are the subject of the significant exposure as 300 provided in subparagraphs (h)10.-12. 301 15. The medical examiner shall disclose positive HIV test 302 results to the department in accordance with rules for reporting 303 and controlling the spread of disease. 304 (f) Except as provided in this section, the identity of a 305 person upon whom a test has been performed is confidential and 306 exempt from the provisions of s. 119.07(1). ANoperson to whom 307 the results of a test have been disclosed may not disclose the 308 test results to another person except as authorized by this 309 subsection and by ss. 951.27 and 960.003. Whenever disclosure is 310 made pursuant to this subsection, it shall be accompanied by a 311 statement in writing which includes the following or 312 substantially similar language: “This information has been 313 disclosed to you from records whose confidentiality is protected 314 by state law. State law prohibits you from making any further 315 disclosure of such information without the specific written 316 consent of the person to whom such information pertains, or as 317 otherwise permitted by state law. A general authorization for 318 the release of medical or other information is NOT sufficient 319 for this purpose.” An oral disclosure shall be accompanied by 320 oral notice and followed by a written notice within 10 days, 321 except that this notice shall not be required for disclosures 322 made pursuant to subparagraphs (e)3. and 4. 323 (g) Human immunodeficiency virus test results contained in 324 the medical records of a hospital licensed under chapter 395 may 325 be released in accordance with s. 395.3025 without being subject 326 to the requirements of subparagraph (e)2., subparagraph (e)9., 327 or paragraph (f); provided the hospital has obtained written 328 informed consent for the HIV test in accordance with provisions 329 of this section. 330 (h) Notwithstanding the provisions of paragraph (a), 331 informed consent is not required: 332 1. When testing for sexually transmissible diseases is 333 required by state or federal law, or by rule including the 334 following situations: 335 a. HIV testing pursuant to s. 796.08 of persons convicted 336 of prostitution or of procuring another to commit prostitution. 337 b. HIV testing of inmates pursuant to s. 945.355 prior to 338 their release from prison by reason of parole, accumulation of 339 gain-time credits, or expiration of sentence. 340 c. Testing for HIV by a medical examiner in accordance with 341 s. 406.11. 342 d. HIV testing of pregnant women pursuant to s. 384.31. 343 e. HIV testing of children who are referred to or who are 344 under the supervision of the Department of Juvenile Justice 345 under s. 985.1351 during the intake process at a juvenile 346 assessment center or juvenile detention facility. 347 2. Those exceptions provided for blood, plasma, organs, 348 skin, semen, or other human tissue pursuant to s. 381.0041. 349 3. For the performance of an HIV-related test by licensed 350 medical personnel in bona fide medical emergencies when the test 351 results are necessary for medical diagnostic purposes to provide 352 appropriate emergency care or treatment to the person being 353 tested and the patient is unable to consent, as supported by 354 documentation in the medical record. Notification of test 355 results in accordance with paragraph (c) is required. 356 4. For the performance of an HIV-related test by licensed 357 medical personnel for medical diagnosis of acute illness where, 358 in the opinion of the attending physician, obtaining informed 359 consent would be detrimental to the patient, as supported by 360 documentation in the medical record, and the test results are 361 necessary for medical diagnostic purposes to provide appropriate 362 care or treatment to the person being tested. Notification of 363 test results in accordance with paragraph (c) is required if it 364 would not be detrimental to the patient. This subparagraph does 365 not authorize the routine testing of patients for HIV infection 366 without informed consent. 367 5. When HIV testing is performed as part of an autopsy for 368 which consent was obtained pursuant to s. 872.04. 369 6. For the performance of an HIV test upon a defendant 370 pursuant to the victim’s request in a prosecution for any type 371 of sexual battery where a blood sample is taken from the 372 defendant voluntarily, pursuant to court order for any purpose, 373 or pursuant to the provisions of s. 775.0877, s. 951.27, or s. 374 960.003; however, the results of any HIV test performed shall be 375 disclosed solely to the victim and the defendant, except as 376 provided in ss. 775.0877, 951.27, and 960.003. 377 7. When an HIV test is mandated by court order. 378 8. For epidemiological research pursuant to s. 381.0032, 379 for research consistent with institutional review boards created 380 by 45 C.F.R. part 46, or for the performance of an HIV-related 381 test for the purpose of research, if the testing is performed in 382 a manner by which the identity of the test subject is not known 383 and may not be retrieved by the researcher. 384 9. When human tissue is collected lawfully without the 385 consent of the donor for corneal removal as authorized by s. 386 765.5185 or enucleation of the eyes as authorized by s. 765.519. 387 10. For the performance of an HIV test upon an individual 388 who comes into contact with medical personnel in such a way that 389 a significant exposure has occurred during the course of 390 employment or within the scope of practice and where a blood 391 sample is available that was taken from that individual 392 voluntarily by medical personnel for other purposes. The term 393 “medical personnel” includes a licensed or certified health care 394 professional; an employee of a health care professional or 395 health care facility; employees of a laboratory licensed under 396 chapter 483; personnel of a blood bank or plasma center; a 397 medical student or other student who is receiving training as a 398 health care professional at a health care facility; and a 399 paramedic or emergency medical technician certified by the 400 department to perform life-support procedures under s. 401.23. 401 a. Prior to performance of an HIV test on a voluntarily 402 obtained blood sample, the individual from whom the blood was 403 obtained shall be requested to consent to the performance of the 404 test and to the release of the results. If consent cannot be 405 obtained within the time necessary to perform the HIV test and 406 begin prophylactic treatment of the exposed medical personnel, 407 all information concerning the performance of an HIV test and 408 any HIV test result shall be documented only in the medical 409 personnel’s record unless the individual gives written consent 410 to entering this information on the individual’s medical record. 411 b. Reasonable attempts to locate the individual and to 412 obtain consent shall be made, and all attempts must be 413 documented. If the individual cannot be found or is incapable of 414 providing consent, an HIV test may be conducted on the available 415 blood sample. If the individual does not voluntarily consent to 416 the performance of an HIV test, the individual shall be informed 417 that an HIV test will be performed, and counseling shall be 418 furnished as provided in this section. However, HIV testing 419 shall be conducted only after appropriate medical personnel 420 under the supervision of a licensed physician documents, in the 421 medical record of the medical personnel, that there has been a 422 significant exposure and that, in accordance with the written 423 protocols based on the National Centers for Disease Control and 424 Prevention guidelines on HIV postexposure prophylaxis and in the 425 physician’s medical judgment, the information is medically 426 necessary to determine the course of treatment for the medical 427 personnel. 428 c. Costs of any HIV test of a blood sample performed with 429 or without the consent of the individual, as provided in this 430 subparagraph, shall be borne by the medical personnel or the 431 employer of the medical personnel. However, costs of testing or 432 treatment not directly related to the initial HIV tests or costs 433 of subsequent testing or treatment may not be borne by the 434 medical personnel or the employer of the medical personnel. 435 d. In order to utilize the provisions of this subparagraph, 436 the medical personnel must either be tested for HIV pursuant to 437 this section or provide the results of an HIV test taken within 438 6 months prior to the significant exposure if such test results 439 are negative. 440 e. A person who receives the results of an HIV test 441 pursuant to this subparagraph shall maintain the confidentiality 442 of the information received and of the persons tested. Such 443 confidential information is exempt from s. 119.07(1). 444 f. If the source of the exposure will not voluntarily 445 submit to HIV testing and a blood sample is not available, the 446 medical personnel or the employer of such person acting on 447 behalf of the employee may seek a court order directing the 448 source of the exposure to submit to HIV testing. A sworn 449 statement by a physician licensed under chapter 458 or chapter 450 459 that a significant exposure has occurred and that, in the 451 physician’s medical judgment, testing is medically necessary to 452 determine the course of treatment constitutes probable cause for 453 the issuance of an order by the court. The results of the test 454 shall be released to the source of the exposure and to the 455 person who experienced the exposure. 456 11. For the performance of an HIV test upon an individual 457 who comes into contact with medical personnel in such a way that 458 a significant exposure has occurred during the course of 459 employment or within the scope of practice of the medical 460 personnel while the medical personnel provides emergency medical 461 treatment to the individual; or notwithstanding s. 384.287, an 462 individual who comes into contact with nonmedical personnel in 463 such a way that a significant exposure has occurred while the 464 nonmedical personnel provides emergency medical assistance 465 during a medical emergency. For the purposes of this 466 subparagraph, a medical emergency means an emergency medical 467 condition outside of a hospital or health care facility that 468 provides physician care. The test may be performed only during 469 the course of treatment for the medical emergency. 470 a. An individual who is capable of providing consent shall 471 be requested to consent to an HIV test prior to the testing. If 472 consent cannot be obtained within the time necessary to perform 473 the HIV test and begin prophylactic treatment of the exposed 474 medical personnel and nonmedical personnel, all information 475 concerning the performance of an HIV test and its result, shall 476 be documented only in the medical personnel’s or nonmedical 477 personnel’s record unless the individual gives written consent 478 to entering this information on the individual’s medical record. 479 b. HIV testing shall be conducted only after appropriate 480 medical personnel under the supervision of a licensed physician 481 documents, in the medical record of the medical personnel or 482 nonmedical personnel, that there has been a significant exposure 483 and that, in accordance with the written protocols based on the 484 National Centers for Disease Control and Prevention guidelines 485 on HIV postexposure prophylaxis and in the physician’s medical 486 judgment, the information is medically necessary to determine 487 the course of treatment for the medical personnel or nonmedical 488 personnel. 489 c. Costs of any HIV test performed with or without the 490 consent of the individual, as provided in this subparagraph, 491 shall be borne by the medical personnel or the employer of the 492 medical personnel or nonmedical personnel. However, costs of 493 testing or treatment not directly related to the initial HIV 494 tests or costs of subsequent testing or treatment may not be 495 borne by the medical personnel or the employer of the medical 496 personnel or nonmedical personnel. 497 d. In order to utilize the provisions of this subparagraph, 498 the medical personnel or nonmedical personnel shall be tested 499 for HIV pursuant to this section or shall provide the results of 500 an HIV test taken within 6 months prior to the significant 501 exposure if such test results are negative. 502 e. A person who receives the results of an HIV test 503 pursuant to this subparagraph shall maintain the confidentiality 504 of the information received and of the persons tested. Such 505 confidential information is exempt from s. 119.07(1). 506 f. If the source of the exposure will not voluntarily 507 submit to HIV testing and a blood sample was not obtained during 508 treatment for the medical emergency, the medical personnel, the 509 employer of the medical personnel acting on behalf of the 510 employee, or the nonmedical personnel may seek a court order 511 directing the source of the exposure to submit to HIV testing. A 512 sworn statement by a physician licensed under chapter 458 or 513 chapter 459 that a significant exposure has occurred and that, 514 in the physician’s medical judgment, testing is medically 515 necessary to determine the course of treatment constitutes 516 probable cause for the issuance of an order by the court. The 517 results of the test shall be released to the source of the 518 exposure and to the person who experienced the exposure. 519 12. For the performance of an HIV test by the medical 520 examiner or attending physician upon an individual who expired 521 or could not be resuscitated while receiving emergency medical 522 assistance or care and who was the source of a significant 523 exposure to medical or nonmedical personnel providing such 524 assistance or care. 525 a. HIV testing may be conducted only after appropriate 526 medical personnel under the supervision of a licensed physician 527 documents in the medical record of the medical personnel or 528 nonmedical personnel that there has been a significant exposure 529 and that, in accordance with the written protocols based on the 530 National Centers for Disease Control and Prevention guidelines 531 on HIV postexposure prophylaxis and in the physician’s medical 532 judgment, the information is medically necessary to determine 533 the course of treatment for the medical personnel or nonmedical 534 personnel. 535 b. Costs of any HIV test performed under this subparagraph 536 may not be charged to the deceased or to the family of the 537 deceased person. 538 c. For the provisions of this subparagraph to be 539 applicable, the medical personnel or nonmedical personnel must 540 be tested for HIV under this section or must provide the results 541 of an HIV test taken within 6 months before the significant 542 exposure if such test results are negative. 543 d. A person who receives the results of an HIV test 544 pursuant to this subparagraph shall comply with paragraph (e). 545 13. For the performance of an HIV-related test medically 546 indicated by licensed medical personnel for medical diagnosis of 547 a hospitalized infant as necessary to provide appropriate care 548 and treatment of the infant when, after a reasonable attempt, a 549 parent cannot be contacted to provide consent. The medical 550 records of the infant shall reflect the reason consent of the 551 parent was not initially obtained. Test results shall be 552 provided to the parent when the parent is located. 553 14. For the performance of HIV testing conducted to monitor 554 the clinical progress of a patient previously diagnosed to be 555 HIV positive. 556 15. For the performance of repeated HIV testing conducted 557 to monitor possible conversion from a significant exposure. 558 Section 3. This act shall take effect July 1, 2010.
