Bill Text: FL S1248 | 2010 | Regular Session | Introduced

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Bill Title: HIV Testing/County Detention Facilities/Inmates [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S1248 Detail]

Download: Florida-2010-S1248-Introduced.html

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Florida Senate - 2010                                    SB 1248 
 
By Senator Wilson 
33-00944-10                                           20101248__ 
1                        A bill to be entitled 
2         An act relating to the testing of inmates for HIV 
3         infection in certain county detention facilities; 
4         amending s. 951.27, F.S.; requiring the Department of 
5         Health to designate certain counties, if approved by 
6         the county’s governing body, to participate in a 
7         program to test each inmate for HIV before the inmate 
8         is released if the inmate’s HIV status is unknown; 
9         providing certain exceptions; requiring that certain 
10         county detention facilities notify the Department of 
11         Health and the county health department in the county 
12         where the inmate plans to reside following release if 
13         the inmate is HIV positive; requiring certain 
14         detention facilities to provide special transitional 
15         assistance to an inmate who is HIV positive; providing 
16         immunity from liability for complying entities; 
17         amending s. 381.004, F.S.; providing that informed 
18         consent is not required for an HIV test of an inmate 
19         before the inmate’s release from a municipal or county 
20         detention facility; providing an effective date. 
21 
22  Be It Enacted by the Legislature of the State of Florida: 
23 
24         Section 1. Section 951.27, Florida Statutes, is amended to 
25  read: 
26         951.27 Blood tests of inmates.— 
27         (1) Each county and each municipal detention facility shall 
28  have a written procedure developed, in consultation with the 
29  facility medical provider, establishing conditions under which 
30  an inmate will be tested for infectious disease, including human 
31  immunodeficiency virus pursuant to s. 775.0877, which procedure 
32  is consistent with guidelines of the Centers for Disease Control 
33  and Prevention and recommendations of the Correctional Medical 
34  Authority. It is not unlawful for the person receiving the test 
35  results to divulge the test results to the sheriff or chief 
36  correctional officer. 
37         (2)(a) The Department of Health shall designate two 
38  counties having a population of 1.2 million or more and five 
39  counties having a population of fewer than 1.2 million to 
40  participate in the testing program provided in this subsection, 
41  if participation in the testing program is authorized by a 
42  majority of the county’s governing body. Each county detention 
43  facility that lies within the authority of any participating 
44  county shall, consistent with s. 381.004(3), perform an HIV test 
45  as defined in s. 381.004(2) on each sentenced inmate who is to 
46  be released from the facility unless the facility knows that the 
47  inmate is HIV positive or unless, within 120 days before the 
48  release date, the inmate has been tested for HIV and does not 
49  request retesting. The required test must be performed not less 
50  than 30 days before the release date of the inmate. A test is 
51  not required under this paragraph if an inmate is released due 
52  to an emergency or a court order and the detention facility 
53  receives less than 30 days’ notice of the release date or if the 
54  inmate is transferred to the custody of the Department of 
55  Corrections for incarceration in the state correctional system. 
56         (b) Each county detention facility in a county that 
57  participates in the testing program authorized in paragraph (a) 
58  must comply with the requirements of this paragraph. If the 
59  county detention facility knows that an inmate who is to be 
60  released from the facility is HIV positive or has received a 
61  positive HIV test result, that facility shall, before the inmate 
62  is released: 
63         1. Notify, consistent with s. 381.004(3), the Department of 
64  Health and the county health department in the county where the 
65  inmate being released plans to reside of the release date and 
66  HIV status of the inmate. 
67         2. Provide special transitional assistance to the inmate 
68  which must include: 
69         a. Education on preventing the transmission of HIV to 
70  others and on the importance of receiving followup medical care 
71  and treatment. 
72         b. A written, individualized discharge plan that includes 
73  records of all laboratory and diagnostic test results, 
74  medication and treatment information, and referrals to and 
75  contacts with the county health department and local primary 
76  medical care services for the treatment of HIV infection which 
77  are available in the area where the inmate plans to reside. 
78         (3)(2) Except as otherwise provided in this subsection, 
79  serologic blood test results obtained pursuant to subsection (1) 
80  or subsection (2) are confidential and exempt from the 
81  provisions of s. 119.07(1) and s. 24(a), Art. I of the State 
82  Constitution. However, such results may be provided to employees 
83  or officers of the sheriff or chief correctional officer who are 
84  responsible for the custody and care of the affected inmate and 
85  have a need to know such information, and as provided in ss. 
86  381.004(3), 775.0877, and 960.003. In addition, upon request of 
87  the victim or the victim’s legal guardian, or the parent or 
88  legal guardian of the victim if the victim is a minor, the 
89  results of any HIV test performed on an inmate who has been 
90  arrested for any sexual offense involving oral, anal, or vaginal 
91  penetration by, or union with, the sexual organ of another, 
92  shall be disclosed to the victim or the victim’s legal guardian, 
93  or to the parent or legal guardian of the victim if the victim 
94  is a minor. In such cases, the county or municipal detention 
95  facility shall furnish the test results to the Department of 
96  Health, which is responsible for disclosing the results to 
97  public health agencies as provided in s. 775.0877 and to the 
98  victim or the victim’s legal guardian, or the parent or legal 
99  guardian of the victim if the victim is a minor, as provided in 
100  s. 960.003(3). 
101         (4)(3) The results of any serologic blood test on an inmate 
102  are a part of that inmate’s permanent medical file. Upon 
103  transfer of the inmate to any other correctional facility, such 
104  file is also transferred, and all relevant authorized persons 
105  must be notified of positive HIV test results, as required in s. 
106  775.0877. 
107         (5) Notwithstanding any statute providing for a waiver of 
108  sovereign immunity, the state, its agencies or subdivisions, and 
109  employees of the state, its agencies, or subdivisions are not 
110  liable to any person for negligently causing death or personal 
111  injury arising out of complying with this section. 
112         Section 2. Subsection (3) of section 381.004, Florida 
113  Statutes, is amended to read: 
114         381.004 HIV testing.— 
115         (3) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED CONSENT; 
116  RESULTS; COUNSELING; CONFIDENTIALITY.— 
117         (a) No person in this state shall order a test designed to 
118  identify the human immunodeficiency virus, or its antigen or 
119  antibody, without first obtaining the informed consent of the 
120  person upon whom the test is being performed, except as 
121  specified in paragraph (h). Informed consent shall be preceded 
122  by an explanation of the right to confidential treatment of 
123  information identifying the subject of the test and the results 
124  of the test to the extent provided by law. Information shall 
125  also be provided on the fact that a positive HIV test result 
126  will be reported to the county health department with sufficient 
127  information to identify the test subject and on the availability 
128  and location of sites at which anonymous testing is performed. 
129  As required in paragraph (4)(c), each county health department 
130  shall maintain a list of sites at which anonymous testing is 
131  performed, including the locations, phone numbers, and hours of 
132  operation of the sites. Consent need not be in writing provided 
133  there is documentation in the medical record that the test has 
134  been explained and the consent has been obtained. 
135         (b) Except as provided in paragraph (h), informed consent 
136  must be obtained from a legal guardian or other person 
137  authorized by law when the person: 
138         1. Is not competent, is incapacitated, or is otherwise 
139  unable to make an informed judgment; or 
140         2. Has not reached the age of majority, except as provided 
141  in s. 384.30. 
142         (c) The person ordering the test or that person’s designee 
143  shall ensure that all reasonable efforts are made to notify the 
144  test subject of his or her test result. Notification of a person 
145  with a positive test result shall include information on the 
146  availability of appropriate medical and support services, on the 
147  importance of notifying partners who may have been exposed, and 
148  on preventing transmission of HIV. Notification of a person with 
149  a negative test result shall include, as appropriate, 
150  information on preventing the transmission of HIV. When testing 
151  occurs in a hospital emergency department, detention facility, 
152  or other facility and the test subject has been released before 
153  being notified of positive test results, informing the county 
154  health department for that department to notify the test subject 
155  fulfills this responsibility. 
156         (d) A positive preliminary test result may not be revealed 
157  to any person except in the following situations: 
158         1. Preliminary test results may be released to licensed 
159  physicians or the medical or nonmedical personnel subject to the 
160  significant exposure for purposes of subparagraphs (h)10., 11., 
161  and 12. 
162         2. Preliminary test results may be released to health care 
163  providers and to the person tested when decisions about medical 
164  care or treatment of, or recommendation to, the person tested 
165  and, in the case of an intrapartum or postpartum woman, when 
166  care, treatment, or recommendations regarding her newborn, 
167  cannot await the results of confirmatory testing. Positive 
168  preliminary HIV test results may not be characterized to the 
169  patient as a diagnosis of HIV infection. Justification for the 
170  use of preliminary test results must be documented in the 
171  medical record by the health care provider who ordered the test. 
172         3. The results of rapid testing technologies shall be 
173  considered preliminary and may be released in accordance with 
174  the manufacturer’s instructions as approved by the federal Food 
175  and Drug Administration. 
176         4. Corroborating or confirmatory testing must be conducted 
177  as followup to a positive preliminary test. Results shall be 
178  communicated to the patient according to statute regardless of 
179  the outcome. Except as provided in this section, test results 
180  are confidential and exempt from the provisions of s. 119.07(1). 
181         (e) Except as provided in this section, the identity of any 
182  person upon whom a test has been performed and test results are 
183  confidential and exempt from the provisions of s. 119.07(1). A 
184  No person who has obtained or has knowledge of a test result 
185  pursuant to this section may not disclose or be compelled to 
186  disclose the identity of any person upon whom a test is 
187  performed, or the results of such a test in a manner which 
188  permits identification of the subject of the test, except to the 
189  following persons: 
190         1. The subject of the test or the subject’s legally 
191  authorized representative. 
192         2. Any person, including third-party payors, designated in 
193  a legally effective release of the test results executed prior 
194  to or after the test by the subject of the test or the subject’s 
195  legally authorized representative. The test subject may in 
196  writing authorize the disclosure of the test subject’s HIV test 
197  results to third party payors, who need not be specifically 
198  identified, and to other persons to whom the test subject 
199  subsequently issues a general release of medical information. A 
200  general release without such prior written authorization is not 
201  sufficient to release HIV test results. 
202         3. An authorized agent or employee of a health facility or 
203  health care provider if the health facility or health care 
204  provider itself is authorized to obtain the test results, the 
205  agent or employee participates in the administration or 
206  provision of patient care or handles or processes specimens of 
207  body fluids or tissues, and the agent or employee has a need to 
208  know such information. The department shall adopt a rule 
209  defining which persons have a need to know pursuant to this 
210  subparagraph. 
211         4. Health care providers consulting between themselves or 
212  with health care facilities to determine diagnosis and 
213  treatment. For purposes of this subparagraph, health care 
214  providers shall include licensed health care professionals 
215  employed by or associated with state, county, or municipal 
216  detention facilities when such health care professionals are 
217  acting exclusively for the purpose of providing diagnoses or 
218  treatment of persons in the custody of such facilities. 
219         5. The department, in accordance with rules for reporting 
220  and controlling the spread of disease, as otherwise provided by 
221  state law. 
222         6. A health facility or health care provider which 
223  procures, processes, distributes, or uses: 
224         a. A human body part from a deceased person, with respect 
225  to medical information regarding that person; or 
226         b. Semen provided prior to July 6, 1988, for the purpose of 
227  artificial insemination. 
228         7. Health facility staff committees, for the purposes of 
229  conducting program monitoring, program evaluation, or service 
230  reviews pursuant to chapters 395 and 766. 
231         8. Authorized medical or epidemiological researchers who 
232  may not further disclose any identifying characteristics or 
233  information. 
234         9. A person allowed access by a court order which is issued 
235  in compliance with the following provisions: 
236         a. A No court of this state may not shall issue such order 
237  unless the court finds that the person seeking the test results 
238  has demonstrated a compelling need for the test results which 
239  cannot be accommodated by other means. In assessing compelling 
240  need, the court shall weigh the need for disclosure against the 
241  privacy interest of the test subject and the public interest 
242  which may be disserved by disclosure which deters blood, organ, 
243  and semen donation and future human immunodeficiency virus 
244  related testing or which may lead to discrimination. This 
245  paragraph shall not apply to blood bank donor records. 
246         b. Pleadings pertaining to disclosure of test results shall 
247  substitute a pseudonym for the true name of the subject of the 
248  test. The disclosure to the parties of the subject’s true name 
249  shall be communicated confidentially in documents not filed with 
250  the court. 
251         c. Before granting any such order, the court shall provide 
252  the individual whose test result is in question with notice and 
253  a reasonable opportunity to participate in the proceedings if he 
254  or she is not already a party. 
255         d. Court proceedings as to disclosure of test results shall 
256  be conducted in camera, unless the subject of the test agrees to 
257  a hearing in open court or unless the court determines that a 
258  public hearing is necessary to the public interest and the 
259  proper administration of justice. 
260         e. Upon the issuance of an order to disclose test results, 
261  the court shall impose appropriate safeguards against 
262  unauthorized disclosure which shall specify the persons who may 
263  have access to the information, the purposes for which the 
264  information shall be used, and appropriate prohibitions on 
265  future disclosure. 
266         10. A person allowed access by order of a judge of 
267  compensation claims of the Division of Administrative Hearings. 
268  A judge of compensation claims shall not issue such order unless 
269  he or she finds that the person seeking the test results has 
270  demonstrated a compelling need for the test results which cannot 
271  be accommodated by other means. 
272         11. Those employees of the department or of child-placing 
273  or child-caring agencies or of family foster homes, licensed 
274  pursuant to s. 409.175, who are directly involved in the 
275  placement, care, control, or custody of such test subject and 
276  who have a need to know such information; adoptive parents of 
277  such test subject; or any adult custodian, any adult relative, 
278  or any person responsible for the child’s welfare, if the test 
279  subject was not tested under subparagraph (b)2. and if a 
280  reasonable attempt has been made to locate and inform the legal 
281  guardian of a test result. The department shall adopt a rule to 
282  implement this subparagraph. 
283         12. Those employees of residential facilities or of 
284  community-based care programs that care for developmentally 
285  disabled persons, pursuant to chapter 393, who are directly 
286  involved in the care, control, or custody of such test subject 
287  and who have a need to know such information. 
288         13. A health care provider involved in the delivery of a 
289  child can note the mother’s HIV test results in the child’s 
290  medical record. 
291         14. Medical personnel or nonmedical personnel who have been 
292  subject to a significant exposure during the course of medical 
293  practice or in the performance of professional duties, or 
294  individuals who are the subject of the significant exposure as 
295  provided in subparagraphs (h)10.-12. 
296         15. The medical examiner shall disclose positive HIV test 
297  results to the department in accordance with rules for reporting 
298  and controlling the spread of disease. 
299         (f) Except as provided in this section, the identity of a 
300  person upon whom a test has been performed is confidential and 
301  exempt from the provisions of s. 119.07(1). A No person to whom 
302  the results of a test have been disclosed may not disclose the 
303  test results to another person except as authorized by this 
304  subsection and by ss. 951.27 and 960.003. Whenever disclosure is 
305  made pursuant to this subsection, it shall be accompanied by a 
306  statement in writing which includes the following or 
307  substantially similar language: “This information has been 
308  disclosed to you from records whose confidentiality is protected 
309  by state law. State law prohibits you from making any further 
310  disclosure of such information without the specific written 
311  consent of the person to whom such information pertains, or as 
312  otherwise permitted by state law. A general authorization for 
313  the release of medical or other information is NOT sufficient 
314  for this purpose.” An oral disclosure shall be accompanied by 
315  oral notice and followed by a written notice within 10 days, 
316  except that this notice shall not be required for disclosures 
317  made pursuant to subparagraphs (e)3. and 4. 
318         (g) Human immunodeficiency virus test results contained in 
319  the medical records of a hospital licensed under chapter 395 may 
320  be released in accordance with s. 395.3025 without being subject 
321  to the requirements of subparagraph (e)2., subparagraph (e)9., 
322  or paragraph (f); provided the hospital has obtained written 
323  informed consent for the HIV test in accordance with provisions 
324  of this section. 
325         (h) Notwithstanding the provisions of paragraph (a), 
326  informed consent is not required: 
327         1. When testing for sexually transmissible diseases is 
328  required by state or federal law, or by rule including the 
329  following situations: 
330         a. HIV testing pursuant to s. 796.08 of persons convicted 
331  of prostitution or of procuring another to commit prostitution. 
332         b. HIV testing of inmates pursuant to s. 945.355 prior to 
333  their release from prison by reason of parole, accumulation of 
334  gain-time credits, or expiration of sentence. 
335         c. Testing for HIV by a medical examiner in accordance with 
336  s. 406.11. 
337         d. HIV testing of pregnant women pursuant to s. 384.31. 
338         e. HIV testing of inmates pursuant to s. 951.27 before 
339  their release from a county or municipal detention facility. 
340         2. Those exceptions provided for blood, plasma, organs, 
341  skin, semen, or other human tissue pursuant to s. 381.0041. 
342         3. For the performance of an HIV-related test by licensed 
343  medical personnel in bona fide medical emergencies when the test 
344  results are necessary for medical diagnostic purposes to provide 
345  appropriate emergency care or treatment to the person being 
346  tested and the patient is unable to consent, as supported by 
347  documentation in the medical record. Notification of test 
348  results in accordance with paragraph (c) is required. 
349         4. For the performance of an HIV-related test by licensed 
350  medical personnel for medical diagnosis of acute illness where, 
351  in the opinion of the attending physician, obtaining informed 
352  consent would be detrimental to the patient, as supported by 
353  documentation in the medical record, and the test results are 
354  necessary for medical diagnostic purposes to provide appropriate 
355  care or treatment to the person being tested. Notification of 
356  test results in accordance with paragraph (c) is required if it 
357  would not be detrimental to the patient. This subparagraph does 
358  not authorize the routine testing of patients for HIV infection 
359  without informed consent. 
360         5. When HIV testing is performed as part of an autopsy for 
361  which consent was obtained pursuant to s. 872.04. 
362         6. For the performance of an HIV test upon a defendant 
363  pursuant to the victim’s request in a prosecution for any type 
364  of sexual battery where a blood sample is taken from the 
365  defendant voluntarily, pursuant to court order for any purpose, 
366  or pursuant to the provisions of s. 775.0877, s. 951.27, or s. 
367  960.003; however, the results of any HIV test performed shall be 
368  disclosed solely to the victim and the defendant, except as 
369  provided in ss. 775.0877, 951.27, and 960.003. 
370         7. When an HIV test is mandated by court order. 
371         8. For epidemiological research pursuant to s. 381.0032, 
372  for research consistent with institutional review boards created 
373  by 45 C.F.R. part 46, or for the performance of an HIV-related 
374  test for the purpose of research, if the testing is performed in 
375  a manner by which the identity of the test subject is not known 
376  and may not be retrieved by the researcher. 
377         9. When human tissue is collected lawfully without the 
378  consent of the donor for corneal removal as authorized by s. 
379  765.5185 or enucleation of the eyes as authorized by s. 765.519. 
380         10. For the performance of an HIV test upon an individual 
381  who comes into contact with medical personnel in such a way that 
382  a significant exposure has occurred during the course of 
383  employment or within the scope of practice and where a blood 
384  sample is available that was taken from that individual 
385  voluntarily by medical personnel for other purposes. The term 
386  “medical personnel” includes a licensed or certified health care 
387  professional; an employee of a health care professional or 
388  health care facility; employees of a laboratory licensed under 
389  chapter 483; personnel of a blood bank or plasma center; a 
390  medical student or other student who is receiving training as a 
391  health care professional at a health care facility; and a 
392  paramedic or emergency medical technician certified by the 
393  department to perform life-support procedures under s. 401.23. 
394         a. Prior to performance of an HIV test on a voluntarily 
395  obtained blood sample, the individual from whom the blood was 
396  obtained shall be requested to consent to the performance of the 
397  test and to the release of the results. If consent cannot be 
398  obtained within the time necessary to perform the HIV test and 
399  begin prophylactic treatment of the exposed medical personnel, 
400  all information concerning the performance of an HIV test and 
401  any HIV test result shall be documented only in the medical 
402  personnel’s record unless the individual gives written consent 
403  to entering this information on the individual’s medical record. 
404         b. Reasonable attempts to locate the individual and to 
405  obtain consent shall be made, and all attempts must be 
406  documented. If the individual cannot be found or is incapable of 
407  providing consent, an HIV test may be conducted on the available 
408  blood sample. If the individual does not voluntarily consent to 
409  the performance of an HIV test, the individual shall be informed 
410  that an HIV test will be performed, and counseling shall be 
411  furnished as provided in this section. However, HIV testing 
412  shall be conducted only after appropriate medical personnel 
413  under the supervision of a licensed physician documents, in the 
414  medical record of the medical personnel, that there has been a 
415  significant exposure and that, in accordance with the written 
416  protocols based on the National Centers for Disease Control and 
417  Prevention guidelines on HIV postexposure prophylaxis and in the 
418  physician’s medical judgment, the information is medically 
419  necessary to determine the course of treatment for the medical 
420  personnel. 
421         c. Costs of any HIV test of a blood sample performed with 
422  or without the consent of the individual, as provided in this 
423  subparagraph, shall be borne by the medical personnel or the 
424  employer of the medical personnel. However, costs of testing or 
425  treatment not directly related to the initial HIV tests or costs 
426  of subsequent testing or treatment may not be borne by the 
427  medical personnel or the employer of the medical personnel. 
428         d. In order to utilize the provisions of this subparagraph, 
429  the medical personnel must either be tested for HIV pursuant to 
430  this section or provide the results of an HIV test taken within 
431  6 months prior to the significant exposure if such test results 
432  are negative. 
433         e. A person who receives the results of an HIV test 
434  pursuant to this subparagraph shall maintain the confidentiality 
435  of the information received and of the persons tested. Such 
436  confidential information is exempt from s. 119.07(1). 
437         f. If the source of the exposure will not voluntarily 
438  submit to HIV testing and a blood sample is not available, the 
439  medical personnel or the employer of such person acting on 
440  behalf of the employee may seek a court order directing the 
441  source of the exposure to submit to HIV testing. A sworn 
442  statement by a physician licensed under chapter 458 or chapter 
443  459 that a significant exposure has occurred and that, in the 
444  physician’s medical judgment, testing is medically necessary to 
445  determine the course of treatment constitutes probable cause for 
446  the issuance of an order by the court. The results of the test 
447  shall be released to the source of the exposure and to the 
448  person who experienced the exposure. 
449         11. For the performance of an HIV test upon an individual 
450  who comes into contact with medical personnel in such a way that 
451  a significant exposure has occurred during the course of 
452  employment or within the scope of practice of the medical 
453  personnel while the medical personnel provides emergency medical 
454  treatment to the individual; or notwithstanding s. 384.287, an 
455  individual who comes into contact with nonmedical personnel in 
456  such a way that a significant exposure has occurred while the 
457  nonmedical personnel provides emergency medical assistance 
458  during a medical emergency. For the purposes of this 
459  subparagraph, a medical emergency means an emergency medical 
460  condition outside of a hospital or health care facility that 
461  provides physician care. The test may be performed only during 
462  the course of treatment for the medical emergency. 
463         a. An individual who is capable of providing consent shall 
464  be requested to consent to an HIV test prior to the testing. If 
465  consent cannot be obtained within the time necessary to perform 
466  the HIV test and begin prophylactic treatment of the exposed 
467  medical personnel and nonmedical personnel, all information 
468  concerning the performance of an HIV test and its result, shall 
469  be documented only in the medical personnel’s or nonmedical 
470  personnel’s record unless the individual gives written consent 
471  to entering this information on the individual’s medical record. 
472         b. HIV testing shall be conducted only after appropriate 
473  medical personnel under the supervision of a licensed physician 
474  documents, in the medical record of the medical personnel or 
475  nonmedical personnel, that there has been a significant exposure 
476  and that, in accordance with the written protocols based on the 
477  National Centers for Disease Control and Prevention guidelines 
478  on HIV postexposure prophylaxis and in the physician’s medical 
479  judgment, the information is medically necessary to determine 
480  the course of treatment for the medical personnel or nonmedical 
481  personnel. 
482         c. Costs of any HIV test performed with or without the 
483  consent of the individual, as provided in this subparagraph, 
484  shall be borne by the medical personnel or the employer of the 
485  medical personnel or nonmedical personnel. However, costs of 
486  testing or treatment not directly related to the initial HIV 
487  tests or costs of subsequent testing or treatment may not be 
488  borne by the medical personnel or the employer of the medical 
489  personnel or nonmedical personnel. 
490         d. In order to utilize the provisions of this subparagraph, 
491  the medical personnel or nonmedical personnel shall be tested 
492  for HIV pursuant to this section or shall provide the results of 
493  an HIV test taken within 6 months prior to the significant 
494  exposure if such test results are negative. 
495         e. A person who receives the results of an HIV test 
496  pursuant to this subparagraph shall maintain the confidentiality 
497  of the information received and of the persons tested. Such 
498  confidential information is exempt from s. 119.07(1). 
499         f. If the source of the exposure will not voluntarily 
500  submit to HIV testing and a blood sample was not obtained during 
501  treatment for the medical emergency, the medical personnel, the 
502  employer of the medical personnel acting on behalf of the 
503  employee, or the nonmedical personnel may seek a court order 
504  directing the source of the exposure to submit to HIV testing. A 
505  sworn statement by a physician licensed under chapter 458 or 
506  chapter 459 that a significant exposure has occurred and that, 
507  in the physician’s medical judgment, testing is medically 
508  necessary to determine the course of treatment constitutes 
509  probable cause for the issuance of an order by the court. The 
510  results of the test shall be released to the source of the 
511  exposure and to the person who experienced the exposure. 
512         12. For the performance of an HIV test by the medical 
513  examiner or attending physician upon an individual who expired 
514  or could not be resuscitated while receiving emergency medical 
515  assistance or care and who was the source of a significant 
516  exposure to medical or nonmedical personnel providing such 
517  assistance or care. 
518         a. HIV testing may be conducted only after appropriate 
519  medical personnel under the supervision of a licensed physician 
520  documents in the medical record of the medical personnel or 
521  nonmedical personnel that there has been a significant exposure 
522  and that, in accordance with the written protocols based on the 
523  National Centers for Disease Control and Prevention guidelines 
524  on HIV postexposure prophylaxis and in the physician’s medical 
525  judgment, the information is medically necessary to determine 
526  the course of treatment for the medical personnel or nonmedical 
527  personnel. 
528         b. Costs of any HIV test performed under this subparagraph 
529  may not be charged to the deceased or to the family of the 
530  deceased person. 
531         c. For the provisions of this subparagraph to be 
532  applicable, the medical personnel or nonmedical personnel must 
533  be tested for HIV under this section or must provide the results 
534  of an HIV test taken within 6 months before the significant 
535  exposure if such test results are negative. 
536         d. A person who receives the results of an HIV test 
537  pursuant to this subparagraph shall comply with paragraph (e). 
538         13. For the performance of an HIV-related test medically 
539  indicated by licensed medical personnel for medical diagnosis of 
540  a hospitalized infant as necessary to provide appropriate care 
541  and treatment of the infant when, after a reasonable attempt, a 
542  parent cannot be contacted to provide consent. The medical 
543  records of the infant shall reflect the reason consent of the 
544  parent was not initially obtained. Test results shall be 
545  provided to the parent when the parent is located. 
546         14. For the performance of HIV testing conducted to monitor 
547  the clinical progress of a patient previously diagnosed to be 
548  HIV positive. 
549         15. For the performance of repeated HIV testing conducted 
550  to monitor possible conversion from a significant exposure. 
551         Section 3. This act shall take effect July 1, 2010.