Bill Text: IA SF250 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to consent to and notification of individuals regarding HIV-related tests and test results.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF250 Detail]
Download: Iowa-2013-SF250-Introduced.html
Senate
File
250
-
Introduced
SENATE
FILE
250
BY
QUIRMBACH
A
BILL
FOR
An
Act
relating
to
consent
to
and
notification
of
individuals
1
regarding
HIV-related
tests
and
test
results.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
141A.6,
subsection
1,
Code
2013,
is
1
amended
to
read
as
follows:
2
1.
Prior
to
undergoing
a
voluntary
HIV-related
test,
3
information
shall
be
available
to
the
subject
of
the
test
4
concerning
testing
and
any
means
of
obtaining
additional
5
information
regarding
HIV
transmission
and
risk
reduction.
If
6
an
individual
signs
a
general
consent
form
for
the
performance
7
of
medical
tests
or
procedures,
the
signing
of
an
additional
8
consent
form
for
the
specific
purpose
of
consenting
to
an
9
HIV-related
test
is
not
required
during
the
time
in
which
10
the
general
consent
form
is
in
effect.
If
an
individual
11
has
not
signed
a
general
consent
form
for
the
performance
12
of
medical
tests
and
procedures
or
the
consent
form
is
no
13
longer
in
effect,
a
health
care
provider
shall
obtain
oral
or
14
written
consent
prior
to
performing
an
HIV-related
test.
If
15
an
individual
is
unable
to
provide
consent,
the
individual’s
16
legal
guardian
may
provide
consent.
If
the
individual’s
legal
17
guardian
cannot
be
located
or
is
unavailable,
a
health
care
18
provider
may
authorize
the
test
when
the
test
results
are
19
necessary
for
diagnostic
purposes
to
provide
appropriate
urgent
20
medical
care.
Unless
a
minor
is
unable
to
provide
consent,
21
only
the
minor’s
consent
is
required
to
undergo
an
HIV-related
22
test
and
consent
of
the
minor’s
legal
guardian
is
not
required.
23
Sec.
2.
Section
141A.7,
subsections
1
and
3,
Code
2013,
are
24
amended
to
read
as
follows:
25
1.
At
any
time
that
the
subject
of
an
HIV-related
test
26
is
informed
of
confirmed
positive
test
results,
counseling
27
concerning
the
emotional
and
physical
health
effects
shall
be
28
initiated.
Particular
attention
shall
be
given
to
explaining
29
the
need
for
the
precautions
necessary
to
avoid
transmitting
30
the
virus.
The
subject
shall
be
given
information
concerning
31
additional
counseling.
If
the
legal
guardian
of
the
subject
32
of
the
test
provides
consent
to
the
test
pursuant
to
section
33
141A.6
because
the
individual
is
unable
to
provide
consent
,
34
the
provisions
of
this
subsection
shall
apply
to
the
legal
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guardian.
1
3.
A
person
may
apply
for
voluntary
treatment,
2
contraceptive
services,
or
screening
or
treatment
for
HIV
3
infection
and
other
sexually
transmitted
diseases
directly
to
a
4
licensed
physician
and
surgeon,
an
osteopathic
physician
and
5
surgeon,
or
a
family
planning
clinic.
Notwithstanding
any
6
other
provision
of
law,
however,
a
The
consent
of
a
minor’s
7
legal
guardian
is
not
required
for
the
minor
to
receive
8
services,
screening,
or
treatment.
A
minor
applying
for
9
services,
screening,
or
treatment
shall
give
written
consent
to
10
receive
the
services,
screening,
or
treatment
and
such
consent
11
is
not
subject
to
later
disaffirmance
by
reason
of
minority.
12
A
minor
shall
be
informed
prior
to
testing
that,
unless
the
13
minor
consents
to
inform
the
minor’s
legal
guardian,
upon
14
confirmation
according
to
prevailing
medical
technology
of
a
15
positive
HIV-related
test
result,
the
minor’s
legal
guardian
16
is
required
to
shall
not
be
informed
by
the
testing
facility.
17
Testing
facilities
where
minors
are
tested
shall
have
available
18
a
program
to
assist
minors
a
minor
who
consents
to
notification
19
of
the
minor’s
legal
guardian
and
the
minor’s
legal
guardians
20
guardian
with
the
notification
process
which
emphasizes
the
21
need
for
family
support
and
assists
in
making
available
the
22
resources
necessary
to
accomplish
that
goal.
However,
a
23
A
testing
facility
which
is
precluded
by
federal
statute,
24
regulation,
or
centers
for
disease
control
and
prevention
25
guidelines
from
informing
the
legal
guardian
is
exempt
from
26
the
informing
a
minor
of
the
option
to
consent
to
notification
27
requirement
of
the
minor’s
legal
guardian
.
The
minor
shall
28
give
written
consent
to
these
procedures
and
to
receive
the
29
services,
screening,
or
treatment.
Such
consent
is
not
subject
30
to
later
disaffirmance
by
reason
of
minority.
31
EXPLANATION
32
This
bill
relates
to
the
consent
to
and
notification
of
33
individuals
regarding
HIV-related
tests
and
test
results.
34
The
law
provides
for
consent
to
undergoing
voluntary
35
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HIV-related
tests,
including
a
provision
that
allows
a
legal
1
guardian
to
provide
consent
if
the
individual
who
is
the
2
subject
of
the
test
is
unable
to
do
so.
The
bill
provides
that,
3
unless
a
minor
is
unable
to
provide
consent,
only
the
minor’s
4
consent
is
required
to
undergo
the
HIV-related
test
and
the
5
consent
of
the
minor’s
legal
guardian
is
not
required.
6
The
law
also
specifies
who
is
required
to
be
informed
of
7
HIV-related
confirmed
positive
test
results.
The
law
provides
8
that
if
the
legal
guardian
of
the
individual
who
is
the
subject
9
of
the
test
provided
consent
to
the
testing,
the
legal
guardian
10
is
to
be
informed
of
the
positive
test
results
and
counseling
11
is
to
be
provided
to
the
legal
guardian.
The
bill
clarifies
12
that
this
informing
of
the
legal
guardian
only
applies
when
13
the
legal
guardian
provided
consent
because
the
individual
was
14
unable
to
do
so.
15
The
law
provides
that
a
person
may
apply
for
voluntary
16
treatment,
contraceptive
services,
or
screening
or
treatment
17
for
HIV
infection
and
other
sexually
transmitted
diseases
18
directly
to
a
licensed
physician
and
surgeon,
an
osteopathic
19
physician
and
surgeon,
or
a
family
planning
clinic.
The
minor
20
is
to
be
informed
that
the
minor’s
legal
guardian
is
required
21
to
be
informed
of
a
positive
HIV-related
test
result.
The
bill
22
amends
this
provision
to
instead
provide
that
the
consent
of
a
23
minor’s
legal
guardian
is
not
required
for
the
minor
to
receive
24
services,
screening,
or
treatment,
and
that
instead
the
minor
25
applying
for
services,
screening,
or
treatment
is
required
to
26
give
written
consent
to
receive
the
services,
screening,
or
27
treatment.
The
bill
provides
that
the
minor’s
consent
is
not
28
subject
to
later
disaffirmance
by
reason
of
minority.
Under
29
the
bill,
unless
a
minor
consents
to
inform
the
minor’s
legal
30
guardian
upon
confirmation
of
a
positive
HIV-related
test
31
result,
the
minor’s
legal
guardian
shall
not
be
informed
by
32
the
testing
facility.
The
bill
retains
the
existing
provision
33
that
requires
testing
facilities
where
minors
are
tested
to
34
have
a
program
available
to
assist
minors
and
legal
guardians
35
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with
the
notification
process,
but
under
the
bill
this
would
1
only
apply
if
the
minor
consented
to
notification
of
the
2
minor’s
legal
guardian.
Under
the
law,
testing
facilities
3
which
are
precluded
by
federal
statute,
regulation,
or
centers
4
for
disease
control
and
prevention
guidelines
from
informing
5
a
minor’s
legal
guardian
are
also
exempt
under
state
law
from
6
notifying
a
minor’s
legal
guardian.
In
addition,
under
the
7
bill,
these
entities
are
also
exempt
from
informing
the
minor
8
of
the
option
to
consent
to
notification
of
the
minor’s
legal
9
guardian
since
the
entities
are
already
prohibited
from
the
10
resulting
notification.
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