Bill Text: FL S1322 | 2010 | Regular Session | Introduced

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Bill Title: HIV Testing/Health Care/Routine Annual Examination [SPSC]

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2010-04-30 - Died in Committee on Health Regulation [S1322 Detail]

Download: Florida-2010-S1322-Introduced.html

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Florida Senate - 2010                                    SB 1322 
 
By Senator Wilson 
33-01381-10                                           20101322__ 
1                        A bill to be entitled 
2         An act relating to HIV testing; creating s. 384.311, 
3         F.S.; requiring HIV testing to be offered as a routine 
4         part of a patient’s annual physical examination; 
5         requiring a health care provider to provide the 
6         patient with certain information concerning HIV 
7         testing; providing definitions; requiring the 
8         Department of Health to adopt rules; providing an 
9         effective date. 
10 
11  Be It Enacted by the Legislature of the State of Florida: 
12 
13         Section 1. Section 384.311, Florida Statutes, is created to 
14  read: 
15         384.311 HIV testing as a routine part of an annual physical 
16  exam; duty of health care provider.— 
17         (1) Every health care provider, including every physician 
18  licensed under chapter 458 or chapter 459, shall offer an HIV 
19  test as a routine part of an annual physical examination of a 
20  patient as specified by department rule. Testing shall be 
21  performed by a laboratory approved for such purposes under part 
22  I of chapter 483. 
23         (2) A health care provider shall inform the patient that 
24  the HIV test is planned, provide information about the test, and 
25  inform the patient that there are numerous treatment options 
26  available for a patient who tests positive for the presence of 
27  the antibody or antigen to the human immunodeficiency virus. The 
28  health care provider shall also inform the patient that a person 
29  who tests negative should continue to be routinely tested. The 
30  health care provider shall advise the patient that he or she has 
31  the right to decline the test. If the patient objects to 
32  testing, a written statement of objection, signed by the 
33  patient, shall be placed in the patient’s medical record. 
34         (3) As used in this section, the term: 
35         (a) “Health care provider” means a person who is licensed 
36  in this state and who, as part of his or her scope of practice, 
37  performs physical examinations and orders, performs, or 
38  administers HIV testing. 
39         (b) “HIV test” means a test ordered to determine the 
40  presence of the antibody or antigen to human immunodeficiency 
41  virus or the presence of human immunodeficiency virus infection. 
42         (4) The department shall adopt rules to administer this 
43  section. 
44         Section 2. This act shall take effect July 1, 2010.