Bill Text: IN SB0052 | 2012 | Regular Session | Engrossed
Bill Title: HIV testing.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-03-19 - Signed by the Governor [SB0052 Detail]
Download: Indiana-2012-SB0052-Engrossed.html
Citations Affected: IC 16-41.
Synopsis: HIV testing. Allows a physician or physician's authorized
representative to test an individual for HIV if certain conditions are met
unless the individual to be tested refuses to consent to the test. (Current
law prohibits a physician from performing the test without the oral or
written consent of the individual.) Requires a refusal by an individual
to have the test to be documented in the individual's medical record.
Requires the physician or authorized representative to: (1) discuss with
the patient the availability of counseling concerning the test results; (2)
notify the patient of the test results; and (3) inform a patient with a test
result indicating that the patient is HIV infected of treatment and
referral options available to the patient. Provides that under certain
circumstances, a physician may order an HIV test for a patient without
informing the patient or despite the individual's refusal of the test.
Removes documentation requirements concerning consent and
counseling to pregnant women concerning HIV testing. Removes
requirement that a pregnant woman who refuses HIV testing must
refuse in writing. (The introduced version of this bill was prepared by
the health finance commission.)
Effective: July 1, 2012.
(HOUSE SPONSORS _ BROWN T, BROWN C, CROUCH)
January 4, 2012, read first time and referred to Committee on Health and Provider
Services.
January 12, 2012, amended, reported favorably _ Do Pass.
January 17, 2012, read second time, ordered engrossed.
January 18, 2012, engrossed.
January 19, 2012, read third time, passed. Yeas 48, nays 0.
January 31, 2012, read first time and referred to Committee on Public Health.
February 9, 2012, amended, reported _ Do Pass.
February 14, 2012, read second time, amended, ordered engrossed.
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A BILL FOR AN ACT to amend the Indiana Code concerning
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(1) an advanced practice nurse (as defined by IC 25-23-1-1(b)) who is operating in collaboration with a licensed physician; or
(2) an individual acting under the supervision of a licensed physician and within the individual's scope of employment.
(b) If a physician or the physician's authorized representative determines that it is medically necessary to conduct an HIV test on an individual under the care of a physician, the physician or physician's authorized representative may order the test if the physician or the physician's authorized representative:
(1) informs the patient of the test;
(2) provides an explanation of the test; and
(3) informs the patient of the patient's right to refuse the test.
Subject to subsection (d), if the patient refuses the test, the physician or the physician's authorized representative may not perform the test and shall document the patient's refusal in the patient's medical record.
(c) After ordering an HIV test for a patient, the physician or the physician's authorized representative shall:
(1) discuss with the patient the availability of counseling concerning the test results; and
(2) notify the patient of the test results.
If a test conducted under this section indicates that a patient is HIV infected, in addition to the requirements set forth in IC 16-41-2, the physician or the physician's authorized representative shall inform the patient of treatment and referral options available to the patient.
(d) A physician or a physician's authorized representative may order an HIV test to be performed without informing the patient or the patient's representative (as defined in IC 16-36-1-2) of the test or regardless of the patient's or the patient's representative's refusal of the HIV test if any of the following conditions apply:
(1) If ordered by a physician,
(2) Under a court order based on clear and convincing evidence of a serious and present health threat to others posed by an individual. A hearing held under this
(3) If the test is done on blood collected or tested anonymously as part of an epidemiologic survey under IC 16-41-2-3 or IC 16-41-17-10(a)(5).
(4) The test is ordered under section 4 of this chapter.
(5) The test is required or authorized under IC 11-10-3-2.5.
(6) The individual upon whom the test will be performed is described in IC 16-41-8-6 or IC 16-41-10-2.5.
(8) Both of the following are met:
(A) The individual is not capable of providing consent and an authorized representative of the individual is not immediately available to provide consent or refusal of the test.
(B) A health care provider acting within the scope of the health care provider's employment comes into contact with the blood or body fluids of the individual in a manner that has been epidemiologically demonstrated to transmit HIV.
(e) The state department shall make HIV testing and treatment information from the federal Centers for Disease Control and Prevention available to health care providers.
(f) The state department may adopt rules under IC 4-22-2 necessary to implement this section.
(b) An individual described in subsection (a) shall:
(1) inform the pregnant woman that:
(A) the individual is required by law to order an HIV test unless the pregnant woman refuses; and
(B) the pregnant woman has a right to refuse the test; and
(2) explain to the pregnant woman:
(A) the purpose of the test; and
(B) the risks and benefits of the test.
(c) An individual described in subsection (a) shall document in the pregnant woman's medical records that the pregnant woman received the information required under subsection (b).
(d) If a pregnant woman refuses to consent to an HIV test, the refusal must be noted by an individual described in subsection (a) in the pregnant woman's medical records.
(e) If a test ordered under section 5 or 6 of this chapter is positive, an individual described in subsection (a):
(1) shall inform the pregnant woman of the test results;
(2) shall inform the pregnant woman of the treatment options or
referral options available to the pregnant woman; and
(3) shall:
(A) provide the pregnant woman with a description of the
methods of HIV transmission;
(B) discuss risk reduction behavior modifications with the
pregnant woman, including methods to reduce the risk of
perinatal HIV transmission and HIV transmission through
breast milk; and
(C) provide the pregnant woman with referral information to
other HIV prevention, health care, and psychosocial services.
(f) The provisions of IC 16-41-2-3 apply to a positive HIV test under
section 5 or 6 of this chapter.
(g) The results of a test performed under section 5 or 6 of this
chapter are confidential.
(h) As a routine component of prenatal care, every individual
described in subsection (a) is required to provide information and
counseling regarding HIV and the standard licensed diagnostic test for
HIV and to offer and recommend the standard licensed diagnostic test
for HIV.
(i) An individual described in subsection (a) shall document:
(1) the oral or written consent of the pregnant woman to be tested;
and
(2) that the pregnant woman was counseled and provided the
required information set forth in subsection (b) to ensure that an
informed decision has been made.
(j) A pregnant woman who refuses a test under this section must do
so in writing.
