House Bill 3715c1
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Florida House of Representatives - 1998 CS/HB 3715
By the Committee on Health Care Services and
Representatives Frankel and Brooks
1 A bill to be entitled
2 An act relating to sexually transmitted
3 diseases; amending s. 381.0035, F.S.; expanding
4 AIDS instruction required in the educational
5 course for health care facilities' employees
6 and clients; amending s. 381.0038, F.S.;
7 providing that the State Health Officer may
8 authorize a needle exchange project in one
9 county, if it is determined that the project
10 will be an effective component of an HIV
11 prevention program in the community; providing
12 project criteria; requiring a report; providing
13 an exemption from statutes relating to use or
14 possession of drug paraphernalia; amending s.
15 381.004, F.S.; providing a definition;
16 expanding information to be provided prior to
17 obtaining informed consent for an HIV test;
18 providing for informed consent of the legal
19 guardian of an incapacitated person; revising
20 provisions relating to notification of test
21 results; authorizing hospital emergency
22 departments and detention facilities to enlist
23 county health departments in notifying
24 individuals with positive test results;
25 authorizing release of preliminary HIV test
26 results under certain conditions; deleting
27 provisions relating to posttest counseling;
28 providing additional persons to whom the
29 identity of a test subject may be disclosed;
30 providing additional exceptions to informed
31 consent requirements; establishing probable
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1 cause for a court order for testing certain
2 persons; requiring annual registration of
3 testing programs; deleting obsolete
4 terminology; authorizing inspections and
5 investigations by officers or employees of the
6 Department of Health; directing the department
7 to deny, suspend, or revoke registration of an
8 HIV testing site for certain violations;
9 providing a penalty and increasing an existing
10 penalty; providing requirements with respect to
11 the department's protocol for HIV testing and
12 counseling; amending s. 384.25, F.S.; deleting
13 provisions relating to protocols and to certain
14 notifications, to remove duplications and
15 conform to the act; amending s. 384.34, F.S.;
16 providing penalties, and increasing existing
17 penalties, relating to sexually transmissible
18 diseases; amending s. 455.604, F.S.; expanding
19 AIDS instruction for funeral directors and
20 embalmers, and adding requirements on protocols
21 for HIV testing of pregnant women; amending ss.
22 775.0877 and 960.003, F.S., to conform
23 references and cross references; providing an
24 effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (1) of section 381.0035, Florida
29 Statutes, is amended to read:
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31
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1 381.0035 Educational course on human immunodeficiency
2 virus and acquired immune deficiency syndrome; employees and
3 clients of certain health care facilities.--
4 (1) The Department of Health shall require all
5 employees and clients of facilities licensed under chapters
6 393, 394, and 397 and employees of facilities licensed under
7 chapter 395 and parts II, III, IV, and VI of chapter 400 to
8 complete, biennially, a continuing educational course on the
9 modes of transmission, infection control procedures, clinical
10 management, and prevention of human immunodeficiency virus and
11 acquired immune deficiency syndrome with an emphasis on
12 appropriate behavior and attitude change. Such instruction
13 shall include information on current Florida law and its
14 impact on testing, confidentiality of test results, and
15 treatment of patients, and any protocols and procedures
16 applicable to human immunodeficiency virus counseling and
17 testing, reporting, and partner notification issues pursuant
18 to ss. 381.004 and 384.25 and the offering of HIV testing to
19 pregnant women.
20 Section 2. Subsection (4) is added to section
21 381.0038, Florida Statutes, to read:
22 381.0038 Education.--The Department of Health shall
23 establish a program to educate the public about the threat of
24 acquired immune deficiency syndrome.
25 (4) The State Health Officer may authorize a needle
26 exchange project in one county, if the State Health Officer
27 determines that the project is likely to be an effective
28 component of a human immunodeficiency virus prevention program
29 in the community. The project shall be authorized for a
30 limited period of 3 years and shall not be conducted using
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1 state funding. The department is authorized to evaluate the
2 effectiveness of the project using existing resources.
3 (a) The project shall meet the following criteria:
4 1. The project area must have a program for preventing
5 human immunodeficiency virus transmission operating in the
6 community.
7 2. The project must provide referral to existing
8 substance abuse treatment and other appropriate health and
9 social services.
10 3. The project must provide education to participants
11 on the transmission of human immunodeficiency virus and
12 hepatitis B and C, and prevention measures.
13 4. The project must provide skin testing for
14 tuberculosis and referral of persons whose tests results are
15 positive for appropriate followup.
16 5. The project must comply with established standards
17 for the disposal of hazardous medical waste.
18 (b) A report evaluating the effectiveness of the
19 project shall be submitted to the Governor, the President of
20 the Senate, and the Speaker of the House of Representatives by
21 February 1, 2001.
22 (c) Exchange or possession of needles and syringes in
23 compliance with the procedures of the project shall not
24 constitute a violation of s. 893.147.
25 Section 3. Section 381.004, Florida Statutes, is
26 amended to read:
27 381.004 Testing for human immunodeficiency virus.--
28 (1) LEGISLATIVE INTENT.--The Legislature finds that
29 the use of tests designed to reveal a condition indicative of
30 human immunodeficiency virus infection can be a valuable tool
31 in protecting the public health. The Legislature finds that
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1 despite existing laws, regulations, and professional standards
2 which require or promote the informed, voluntary, and
3 confidential use of tests designed to reveal human
4 immunodeficiency virus infection, many members of the public
5 are deterred from seeking such testing because they
6 misunderstand the nature of the test or fear that test results
7 will be disclosed without their consent. The Legislature
8 finds that the public health will be served by facilitating
9 informed, voluntary, and confidential use of tests designed to
10 detect human immunodeficiency virus infection.
11 (2) DEFINITIONS.--As used in this section:
12 (a) "HIV test" means a test ordered after July 6,
13 1988, to determine the presence of the antibody or antigen to
14 human immunodeficiency virus or the presence of human
15 immunodeficiency virus infection.
16 (b) "HIV test result" means a laboratory report of a
17 human immunodeficiency virus test result entered into a
18 medical record on or after July 6, 1988, or any report or
19 notation in a medical record of a laboratory report of a human
20 immunodeficiency virus test. As used in this section, the
21 term "HIV test result" does not include test results reported
22 to a health care provider by a patient.
23 (c) "Preliminary HIV tests" means antibody screening
24 tests, such as the enzyme-linked immunosorbent assays (ELISAs)
25 and Single-Use Diagnostic System (SUDS).
26 (d)(c) "Significant exposure" means:
27 1. Exposure to blood or body fluids through
28 needlestick, instruments, or sharps;
29 2. Exposure of mucous membranes to visible blood or
30 body fluids, to which universal precautions apply according to
31
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1 the National Centers for Disease Control and Prevention,
2 including, without limitations, the following body fluids:
3 a. Blood.
4 b. Semen.
5 c. Vaginal secretions.
6 d. Cerebro-spinal fluid (CSF).
7 e. Synovial fluid.
8 f. Pleural fluid.
9 g. Peritoneal fluid.
10 h. Pericardial fluid.
11 i. Amniotic fluid.
12 j. Laboratory specimens that contain HIV (e.g.,
13 suspensions of concentrated virus); or
14 3. Exposure of skin to visible blood or body fluids,
15 especially when the exposed skin is chapped, abraded, or
16 afflicted with dermatitis or the contact is prolonged or
17 involving an extensive area.
18 (e)(d) "Test subject" or "subject of the test" means
19 the person upon whom an HIV test is performed, or the person
20 who has legal authority to make health care decisions for the
21 test subject.
22 (3) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED
23 CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--
24 (a) No person in this state shall order perform a test
25 designed to identify the human immunodeficiency virus, or its
26 antigen or antibody, without first obtaining the informed
27 consent of the person upon whom the test is being performed,
28 except as specified in paragraph (h)(i). Informed consent
29 shall be preceded by:
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1 1. An explanation of the right to confidential
2 treatment of information identifying the subject of the test
3 and the results of the test to the extent provided by law.
4 2. The information that a positive HIV test result
5 will be reported to the county health department with
6 sufficient information to identify the test subject.
7 3. Information regarding the availability and location
8 of anonymous testing sites and the fact that each county
9 health department maintains a list of anonymous testing sites,
10 including the locations, phone numbers, and hours of operation
11 of the sites.
12
13 Consent need not be in writing provided there is documentation
14 in the medical record that the test has been explained and the
15 consent has been obtained.
16 (b) Except as provided in paragraph (h) (i), informed
17 consent must be obtained from a legal guardian or other person
18 authorized by law when the person:
19 1. Is not competent, is incapacitated, or is otherwise
20 unable to make an informed judgment; or
21 2. Has not reached the age of majority, except as
22 provided in s. 384.30.
23 (c) The person ordering the test or his or her
24 designee shall ensure that all reasonable efforts are made to
25 notify test subjects of their test results. Notification of
26 persons with positive test results shall include information
27 on the availability of appropriate medical and support
28 services, the importance of notifying partners who may have
29 been exposed, and information on preventing transmission of
30 human immunodeficiency virus. Notification of persons with
31 negative test results shall include, as appropriate,
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1 information on preventing transmission of human
2 immunodeficiency virus. When testing occurs in a hospital
3 emergency department, detention facility, or other facility
4 where the test subject has been released prior to notification
5 of positive test results, informing the county health
6 department for notification of the test subject shall fulfill
7 this responsibility. No person shall order a test without
8 making available to the person tested, prior to the test,
9 information regarding measures for the prevention of, exposure
10 to, and transmission of human immunodeficiency virus. At the
11 time an HIV test is ordered, the person ordering the test
12 shall schedule a return visit with the test subject for the
13 purpose of disclosing the test results and conducting posttest
14 counseling as described in paragraph (e).
15 (d) No test result shall be determined as positive,
16 and no positive test result shall be revealed to any person,
17 without corroborating or confirmatory tests being conducted,
18 except in the following situations:. However,
19 1. Preliminary test results may be released to
20 licensed physicians or the medical or nonmedical personnel
21 subject to the significant exposure for purposes of
22 subparagraphs (h)10., 11., and 12 (i)10. and 11.
23 2. Preliminary test results may be released to health
24 care providers and to the person tested when decisions about
25 medical care or treatment of the person tested cannot await
26 the results of confirmatory testing. The positive preliminary
27 HIV test results shall not be characterized to the patient as
28 a diagnosis of HIV infection. Justification for the use of
29 preliminary test results must be documented in the medical
30 record by the provider who ordered the test. This
31 subparagraph does not authorize the release of preliminary
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1 test results for the purpose of routine identification of
2 HIV-infected individuals or when HIV testing is incidental to
3 the primary diagnosis or care of a patient. Corroborating or
4 confirmatory testing must still be conducted as followup to a
5 positive preliminary test, and results shall be communicated
6 to the patient according to this section regardless of the
7 outcome. Except as provided in this section, test results are
8 confidential and exempt from the provisions of s. 119.07(1).
9 (e) Except as otherwise provided, no test result shall
10 be revealed to the person upon whom the test was performed
11 without affording that person the immediate opportunity for
12 individual, face-to-face counseling about:
13 1. The meaning of the test results;
14 2. The possible need for additional testing;
15 3. Measures for the prevention of the transmission of
16 the human immunodeficiency virus infection;
17 4. The availability in the geographic area of any
18 appropriate health care services, including mental health
19 care, and appropriate social and support services;
20 5. The benefits of locating and counseling any
21 individual by whom the infected individual may have been
22 exposed to the human immunodeficiency virus infection and any
23 individual whom the infected individual may have exposed to
24 such human immunodeficiency virus infection; and
25 6. The availability, if any, of the services of public
26 health authorities with respect to locating and counseling any
27 individual described in subparagraph 5.
28
29 Telephonic posttest counseling shall be permitted when
30 reporting the HIV test results of a home access HIV test that
31 is approved by the United States Food and Drug Administration
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1 and analyzed by a laboratory certified under the federal
2 Clinical Laboratory Improvement Amendments of 1988 or licensed
3 under part I of chapter 483.
4 (e)(f) Except as provided in this section, the
5 identity of any person upon whom a test has been performed and
6 test results are confidential and exempt from the provisions
7 of s. 119.07(1). No person who has obtained or has knowledge
8 of a test result pursuant to this section may disclose or be
9 compelled to disclose the identity of any person upon whom a
10 test is performed, or the results of such a test in a manner
11 which permits identification of the subject of the test,
12 except to the following persons:
13 1. The subject of the test or the subject's legally
14 authorized representative.
15 2. Any person, including third-party payors,
16 designated in a legally effective release of the test results
17 executed prior to or after the test by the subject of the test
18 or the subject's legally authorized representative. The test
19 subject may in writing authorize the disclosure of the test
20 subject's HIV test results to third party payors, who need not
21 be specifically identified, and to other persons to whom the
22 test subject subsequently issues a general release of medical
23 information. A general release without such prior written
24 authorization is not sufficient to release HIV test results.
25 3. An authorized agent or employee of a health
26 facility or health care provider if the health facility or
27 health care provider itself is authorized to obtain the test
28 results, the agent or employee participates in the
29 administration or provision of patient care or handles or
30 processes specimens of body fluids or tissues, and the agent
31 or employee has a need to know such information. The
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1 department shall adopt a rule defining which persons have a
2 need to know pursuant to this subparagraph.
3 4. Health care providers consulting between themselves
4 or with health care facilities to determine diagnosis and
5 treatment. For purposes of this subparagraph, health care
6 providers shall include licensed health care professionals
7 employed by or associated with state, county, or municipal
8 detention facilities when such health care professionals are
9 acting exclusively for the purpose of providing diagnoses or
10 treatment of persons in the custody of such facilities.
11 5. The department, in accordance with rules for
12 reporting and controlling the spread of disease, as otherwise
13 provided by state law.
14 6. A health facility or health care provider which
15 procures, processes, distributes, or uses:
16 a. A human body part from a deceased person, with
17 respect to medical information regarding that person; or
18 b. Semen provided prior to July 6, 1988, for the
19 purpose of artificial insemination.
20 7. Health facility staff committees, for the purposes
21 of conducting program monitoring, program evaluation, or
22 service reviews pursuant to chapters 395 and 766.
23 8. Authorized medical or epidemiological researchers
24 who may not further disclose any identifying characteristics
25 or information.
26 9. A person allowed access by a court order which is
27 issued in compliance with the following provisions:
28 a. No court of this state shall issue such order
29 unless the court finds that the person seeking the test
30 results has demonstrated a compelling need for the test
31 results which cannot be accommodated by other means. In
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1 assessing compelling need, the court shall weigh the need for
2 disclosure against the privacy interest of the test subject
3 and the public interest which may be disserved by disclosure
4 which deters blood, organ, and semen donation and future human
5 immunodeficiency virus-related testing or which may lead to
6 discrimination. This paragraph shall not apply to blood bank
7 donor records.
8 b. Pleadings pertaining to disclosure of test results
9 shall substitute a pseudonym for the true name of the subject
10 of the test. The disclosure to the parties of the subject's
11 true name shall be communicated confidentially in documents
12 not filed with the court.
13 c. Before granting any such order, the court shall
14 provide the individual whose test result is in question with
15 notice and a reasonable opportunity to participate in the
16 proceedings if he or she is not already a party.
17 d. Court proceedings as to disclosure of test results
18 shall be conducted in camera, unless the subject of the test
19 agrees to a hearing in open court or unless the court
20 determines that a public hearing is necessary to the public
21 interest and the proper administration of justice.
22 e. Upon the issuance of an order to disclose test
23 results, the court shall impose appropriate safeguards against
24 unauthorized disclosure which shall specify the persons who
25 may have access to the information, the purposes for which the
26 information shall be used, and appropriate prohibitions on
27 future disclosure.
28 10. A person allowed access by order of a judge of
29 compensation claims of the Division of Workers' Compensation
30 of the Department of Labor and Employment Security. A judge
31 of compensation claims shall not issue such order unless he or
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1 she finds that the person seeking the test results has
2 demonstrated a compelling need for the test results which
3 cannot be accommodated by other means.
4 11. Those employees of the department or of
5 child-placing or child-caring agencies or of family foster
6 homes, licensed pursuant to s. 409.175, who are directly
7 involved in the placement, care, control, or custody of such
8 test subject and who have a need to know such information;
9 adoptive parents of such test subject; or any adult custodian,
10 any adult relative, or any person responsible for the child's
11 welfare, if the test subject was not tested under subparagraph
12 (b)2. and if a reasonable attempt has been made to locate and
13 inform the legal guardian of a test result. The department
14 shall adopt a rule to implement this subparagraph.
15 12. Those employees of residential facilities or of
16 community-based care programs that care for developmentally
17 disabled persons, pursuant to chapter 393, who are directly
18 involved in the care, control, or custody of such test subject
19 and who have a need to know such information. The department
20 shall adopt a rule to implement this subparagraph.
21 13. A health care provider involved in the delivery of
22 a child, who may note the mother's HIV test results in the
23 child's medical record.
24 14.12. Medical personnel or nonmedical personnel who
25 have been subject to a significant exposure during the course
26 of medical practice or in the performance of professional
27 duties, or individuals who are the subject of the significant
28 exposure as provided in subparagraphs (h)10., 11., and 12
29 (i)10. and 11.
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1 The medical examiner shall disclose positive HIV test results
2 to the department in accordance with rules for reporting and
3 controlling the spread of disease.
4 (f)(g) Except as provided in this section, the
5 identity of a person upon whom a test has been performed is
6 confidential and exempt from the provisions of s. 119.07(1).
7 No person to whom the results of a test have been disclosed
8 may disclose the test results to another person except as
9 authorized by this subsection and by ss. 951.27 and 960.003.
10 Whenever disclosure is made pursuant to this subsection, it
11 shall be accompanied by a statement in writing which includes
12 the following or substantially similar language: "This
13 information has been disclosed to you from records whose
14 confidentiality is protected by state law. State law
15 prohibits you from making any further disclosure of such
16 information without the specific written consent of the person
17 to whom such information pertains, or as otherwise permitted
18 by state law. A general authorization for the release of
19 medical or other information is NOT sufficient for this
20 purpose." An oral disclosure shall be accompanied by oral
21 notice and followed by a written notice within 10 days, except
22 that this notice shall not be required for disclosures made
23 pursuant to subparagraphs (e)(f)3. and 4.
24 (g)(h) Human immunodeficiency virus test results
25 contained in the medical records of a hospital licensed under
26 chapter 395 may be released in accordance with s. 395.3025
27 without being subject to the requirements of subparagraph
28 (e)(f)2., subparagraph (e)(f)9., or paragraph (f)(g); provided
29 the hospital has obtained written informed consent for the HIV
30 test in accordance with provisions of this section.
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1 (h)(i) Notwithstanding the provisions of paragraph
2 (a), informed consent is not required:
3 1. When testing for sexually transmissible diseases is
4 required by state or federal law, or by rule including the
5 following situations:
6 a. HIV testing pursuant to s. 796.08 of persons
7 convicted of prostitution or of procuring another to commit
8 prostitution.
9 b. Testing for HIV by a medical examiner in accordance
10 with s. 406.11.
11 2. Those exceptions provided for blood, plasma,
12 organs, skin, semen, or other human tissue pursuant to s.
13 381.0041.
14 3. For the performance of an HIV-related test by
15 licensed medical personnel in bona fide medical emergencies
16 when the test results are necessary for medical diagnostic
17 purposes to provide appropriate emergency care or treatment to
18 the person being tested and the patient is unable to consent,
19 as supported by documentation in the medical record.
20 Notification of test results in accordance with paragraph (c)
21 Posttest counseling is required.
22 4. For the performance of an HIV-related test by
23 licensed medical personnel for medical diagnosis of acute
24 illness where, in the opinion of the attending physician,
25 obtaining informed consent would be detrimental to the
26 patient, as supported by documentation in the medical record,
27 and the test results are necessary for medical diagnostic
28 purposes to provide appropriate care or treatment to the
29 person being tested. Notification of test results in
30 accordance with paragraph (c) Posttest counseling is required
31 if it would not be detrimental to the patient. This
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1 subparagraph does not authorize the routine testing of
2 patients for HIV infection without informed consent.
3 5. When HIV testing is performed as part of an autopsy
4 for which consent was obtained pursuant to s. 872.04.
5 6. For the performance of an HIV test upon a defendant
6 pursuant to the victim's request in a prosecution for any type
7 of sexual battery where a blood sample is taken from the
8 defendant voluntarily, pursuant to court order for any
9 purpose, or pursuant to the provisions of s. 775.0877, s.
10 951.27, or s. 960.003; however, the results of any HIV test
11 performed shall be disclosed solely to the victim and the
12 defendant, except as provided in ss. 775.0877, 951.27, and
13 960.003.
14 7. When an HIV test is mandated by court order.
15 8. For epidemiological research pursuant to s.
16 381.0032, for research consistent with institutional review
17 boards created by 45 C.F.R. part 46, or for the performance of
18 an HIV-related test for the purpose of research, if the
19 testing is performed in a manner by which the identity of the
20 test subject is not known and may not be retrieved by the
21 researcher.
22 9. When human tissue is collected lawfully without the
23 consent of the donor for corneal removal as authorized by s.
24 732.9185 or enucleation of the eyes as authorized by s.
25 732.919.
26 10. For the performance of an HIV test upon an
27 individual who comes into contact with medical personnel in
28 such a way that a significant exposure has occurred during the
29 course of employment or within the scope of practice and where
30 a blood sample is available that was taken from that
31 individual voluntarily by medical personnel for other
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1 purposes. "Medical personnel" includes a licensed or
2 certified health care professional; an employee of a health
3 care professional, health care facility, or blood bank; and a
4 paramedic or emergency medical technician as defined in s.
5 401.23.
6 a. Prior to performance of an HIV test on a
7 voluntarily obtained blood sample, the individual from whom
8 the blood was obtained shall be requested to consent to the
9 performance of the test and to the release of the results.
10 The source individual's refusal to consent and all information
11 concerning the performance of an HIV test and any HIV test
12 result shall be documented only in the medical personnel's
13 record unless the source individual gives written consent to
14 entering this information on the source individual's medical
15 record.
16 b. Reasonable attempts to locate the source individual
17 and to obtain consent shall be made and all attempts must be
18 documented. If the source individual cannot be found, an HIV
19 test may be conducted on the available blood sample. If the
20 source individual does not voluntarily consent to the
21 performance of an HIV test, the source individual shall be
22 informed that an HIV test will be performed, and counseling
23 shall be furnished as provided in this section. However, HIV
24 testing shall be conducted only after a licensed physician
25 documents, in the medical record of the medical personnel,
26 that there has been a significant exposure and that, in the
27 physician's medical judgment, the information is medically
28 necessary to determine the course of treatment for the medical
29 personnel.
30 c. Costs of any HIV test of a blood sample performed
31 with or without the consent of the source individual, as
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1 provided in this subparagraph, shall be borne by the medical
2 personnel or the employer of the medical personnel. However,
3 costs of testing or treatment not directly related to the
4 initial HIV tests or costs of subsequent testing or treatment
5 shall not be borne by the medical personnel or the employer of
6 the medical personnel.
7 d. In order to utilize the provisions of this
8 subparagraph, the medical personnel must either be tested for
9 HIV pursuant to this section or provide the results of an HIV
10 test taken within 6 months prior to the significant exposure
11 if such test results are negative.
12 e. A person who receives the results of an HIV test
13 pursuant to this subparagraph shall maintain the
14 confidentiality of the information received and of the persons
15 tested. Such confidential information is exempt from s.
16 119.07(1).
17 f. If the source of the exposure will not voluntarily
18 submit to HIV testing and a blood sample is not available, the
19 medical personnel or the employer of such person acting on
20 behalf of the employee may seek a court order directing the
21 source of the exposure to submit to HIV testing. A sworn
22 statement by a physician licensed under chapter 458 or chapter
23 459 that a significant exposure has occurred and that, in the
24 physician's medical judgment, testing is medically necessary
25 to determine the course of treatment, constitutes probable
26 cause for the issuance of an order by the court. The results
27 of the test shall be released to the source of the significant
28 exposure and to the person who experienced the significant
29 exposure.
30 11. For the performance of an HIV test upon a source
31 an individual who comes into contact with medical personnel in
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1 such a way that a significant exposure has occurred during the
2 course of employment or within the scope of practice of the
3 medical personnel while the medical personnel provides
4 emergency medical treatment to the source individual; or who
5 comes into contact with nonmedical personnel in such a way
6 that a significant exposure has occurred while the nonmedical
7 personnel provides emergency medical assistance during a
8 medical emergency. For the purposes of this subparagraph, a
9 medical emergency means an emergency medical condition outside
10 of a hospital or health care facility that provides physician
11 care. The test may be performed only during the course of
12 treatment for the medical emergency.
13 a. A source An individual who is capable of providing
14 consent shall be requested to consent to an HIV test prior to
15 the testing. The source individual's refusal to consent, and
16 all information concerning the performance of an HIV test and
17 its result, shall be documented only in the medical
18 personnel's record unless the source individual gives written
19 consent to entering this information on the source
20 individual's medical record.
21 b. HIV testing shall be conducted only after a
22 licensed physician documents, in the medical record of the
23 medical personnel or nonmedical personnel, that there has been
24 a significant exposure and that, in the physician's medical
25 judgment, the information is medically necessary to determine
26 the course of treatment for the medical personnel or
27 nonmedical personnel.
28 c. Costs of any HIV test performed with or without the
29 consent of the source individual, as provided in this
30 subparagraph, shall be borne by the medical personnel or the
31 employer of the medical personnel or nonmedical personnel.
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1 However, costs of testing or treatment not directly related to
2 the initial HIV tests or costs of subsequent testing or
3 treatment shall not be borne by the medical personnel or the
4 employer of the medical personnel or nonmedical personnel.
5 d. In order to utilize the provisions of this
6 subparagraph, the medical personnel or nonmedical personnel
7 shall be tested for HIV pursuant to this section or shall
8 provide the results of an HIV test taken within 6 months prior
9 to the significant exposure if such test results are negative.
10 e. A person who receives the results of an HIV test
11 pursuant to this subparagraph shall maintain the
12 confidentiality of the information received and of the persons
13 tested. Such confidential information is exempt from s.
14 119.07(1).
15 f. If the source of the exposure will not voluntarily
16 submit to HIV testing and a blood sample was not obtained
17 during treatment for the medical emergency, the medical
18 personnel, the employer of such person acting on behalf of the
19 employee, or the nonmedical personnel may seek a court order
20 directing the source of the exposure to submit to HIV testing.
21 A sworn statement by a physician licensed under chapter 458 or
22 chapter 459 that a significant exposure has occurred and that,
23 in the physician's medical judgment, testing is medically
24 necessary to determine the course of treatment, constitutes
25 probable cause for the issuance of an order by the court. The
26 results of the test shall be released to the source of the
27 significant exposure and to the person who experienced the
28 significant exposure.
29 12. For the performance of an HIV test by the medical
30 examiner upon a deceased individual who is the source of a
31 significant exposure to medical personnel or nonmedical
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1 personnel who provided emergency medical assistance and the
2 individual expired or could not be resuscitated during
3 treatment for the medical emergency.
4 13.12. For the performance of an HIV-related test
5 medically indicated by licensed medical personnel for medical
6 diagnosis of a hospitalized infant as necessary to provide
7 appropriate care and treatment of the infant when, after a
8 reasonable attempt, a parent cannot be contacted to provide
9 consent. The medical records of the infant shall reflect the
10 reason consent of the parent was not initially obtained. Test
11 results and posttest counseling shall be provided to the
12 parent when the parent is located.
13 14. For the performance of HIV testing conducted to
14 monitor a previously diagnosed, HIV-positive patient's
15 clinical progress.
16 15. For the performance of repeated HIV testing
17 conducted to monitor possible conversion from a significant
18 exposure.
19 (4) COUNTY HEALTH DEPARTMENT NETWORK OF VOLUNTARY
20 HUMAN IMMUNODEFICIENCY VIRUS TESTING PROGRAMS.--
21 (a) The Department of Health shall establish a network
22 of voluntary human immunodeficiency virus testing programs in
23 every county in the state. These programs shall be conducted
24 in each county health department established under the
25 provisions of part I of chapter 154. Additional programs may
26 be contracted to other private providers to the extent that
27 finances permit and local circumstances dictate.
28 (b) Each county health department shall have the
29 ability to provide counseling and testing for human
30 immunodeficiency virus to each patient who receives services
31 and shall offer such testing on a voluntary basis to each
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1 patient who presents himself or herself for services in a
2 public health program designated by the State Health Officer
3 by rule.
4 (c) Each county health department shall provide a
5 program of counseling and testing for human immunodeficiency
6 virus infection, on both an anonymous and confidential basis.
7 Counseling provided to a patient tested on both an anonymous
8 and confidential basis shall include informing the patient of
9 the availability of partner-notification services, the
10 benefits of such services, and the confidentiality protections
11 available as part of such services. The Department of Health
12 or its designated agent shall continue to provide for
13 anonymous testing through an alternative testing site program
14 with sites throughout all areas of the state. Each county
15 health department shall maintain a list of anonymous testing
16 sites. The list shall include the locations, phone numbers,
17 and hours of operation of the sites and shall be disseminated
18 to all persons and programs offering human immunodeficiency
19 virus testing within the service area of the county health
20 department, including physicians licensed under chapter 458 or
21 chapter 459. Except as provided in this section, the identity
22 of a person upon whom a test has been performed and test
23 results are confidential and exempt from the provisions of s.
24 119.07(1).
25 (d) The result of a serologic test conducted under the
26 auspices of the Department of Health shall not be used to
27 determine if a person may be insured for disability, health,
28 or life insurance or to screen or determine suitability for,
29 or to discharge a person from, employment. Any person who
30 violates the provisions of this subsection is guilty of a
31
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1 misdemeanor of the first degree, punishable as provided in s.
2 775.082 or s. 775.083.
3 (5) HUMAN IMMUNODEFICIENCY VIRUS TESTING REQUIREMENTS;
4 REGISTRATION WITH THE DEPARTMENT OF HEALTH; EXEMPTIONS FROM
5 REGISTRATION.--No county health department and no other person
6 in this state shall conduct or hold themselves out to the
7 public as conducting a testing program for acquired immune
8 deficiency syndrome, acquired immune deficiency syndrome
9 related complex, or human immunodeficiency virus status
10 without first registering with the Department of Health,
11 reregistering each year, complying with all other applicable
12 provisions of state law, and meeting the following
13 requirements:
14 (a) The program must be directed by a person with a
15 minimum number of contact hours of experience in the
16 counseling of persons with acquired immune deficiency
17 syndrome, acquired immune deficiency syndrome related complex,
18 or human immunodeficiency virus infection, as established by
19 the Department of Health by rule.
20 (b) The program must have all medical care supervised
21 by a physician licensed under the provisions of chapter 458 or
22 chapter 459.
23 (c) The program shall have all laboratory procedures
24 performed in a laboratory licensed under the provisions of
25 chapter 483.
26 (d) The program must meet all the informed consent
27 criteria contained in subsection (3).
28 (e) The program must provide the opportunity for
29 pretest counseling on the meaning of a test for human
30 immunodeficiency virus, including medical indications for the
31 test; the possibility of false positive or false negative
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1 results; the potential need for confirmatory testing; the
2 potential social, medical, and economic consequences of a
3 positive test result; and the need to eliminate high-risk
4 behavior.
5 (f) The program must provide supplemental
6 corroborative testing on all positive test results before the
7 results of any positive test are provided to the patient.
8 Except as provided in this section, the identity of any person
9 upon whom a test has been performed and test results are
10 confidential and exempt from the provisions of s. 119.07(1).
11 (g) The program must provide the opportunity for
12 face-to-face posttest counseling on the meaning of the test
13 results; the possible need for additional testing; the social,
14 medical, and economic consequences of a positive test result;
15 and the need to eliminate behavior which might spread the
16 disease to others.
17 (h) Each person providing posttest counseling to a
18 patient with a positive test result shall receive specialized
19 training, to be specified by rule of the department, about the
20 special needs of persons with positive results, including
21 recognition of possible suicidal behavior, and shall refer the
22 patient for further health and social services as appropriate.
23 (i) When services are provided for a charge during
24 pretest counseling, testing, supplemental testing, and
25 posttest counseling, the program must provide a complete list
26 of all such charges to the patient and the Department of
27 Health.
28 (j) Nothing in this subsection shall be construed to
29 require a facility licensed under chapter 483 or a person
30 licensed under the provisions of chapter 457, chapter 458,
31 chapter 459, chapter 460, chapter 461, chapter 466, or chapter
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1 467 to register with the Department of Health if he or she
2 does not advertise or hold himself or herself out to the
3 public as conducting testing programs for human
4 immunodeficiency virus infection or specializing in such
5 testing.
6 (k) The department and any duly authorized officer or
7 employee of the department shall have the right to make
8 inspections and investigations as are necessary to respond to
9 complaints or to determine compliance with the provisions of
10 this section.
11 (l) The department shall deny, suspend, or revoke the
12 registration of any person or agency that violates the
13 provisions of this section or any rules adopted under this
14 section when such violation constitutes an emergency affecting
15 the immediate health, safety, and welfare of a person
16 receiving service.
17 (6) PENALTIES.--
18 (a) Any violation of this section by a facility or
19 licensed health care provider shall be a ground for
20 disciplinary action contained in the facility's or
21 professional's respective licensing chapter.
22 (b) Any person who violates the confidentiality
23 provisions of this section and s. 951.27 commits a felony of
24 the third misdemeanor of the first degree, punishable as
25 provided in ss. s. 775.082, or s. 775.083, 775.084, and
26 775.0877(7).
27 (c) Any person who obtains information that identifies
28 an individual who has a sexually transmissible disease
29 including human immunodeficiency virus or acquired
30 immunodeficiency syndrome, who knew or should have known the
31 nature of the information and maliciously, or for monetary
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1 gain, disseminates this information or otherwise makes this
2 information known to any other person, except by providing it
3 either to a physician or nurse employed by the department or
4 to a law enforcement agency, commits a felony of the third
5 degree, punishable as provided in ss. 775.082, 775.083,
6 775.084, and 775.0877(7).
7 (7) EXEMPTIONS.--Except as provided in paragraph
8 (4)(d) and ss. 627.429 and 641.3007, insurers and others
9 participating in activities related to the insurance
10 application and underwriting process shall be exempt from this
11 section.
12 (8) MODEL PROTOCOL FOR COUNSELING AND TESTING FOR
13 HUMAN IMMUNODEFICIENCY VIRUS.--The Department of Health shall
14 develop, by rule, a model protocol consistent with the
15 provisions of this section for counseling and testing persons
16 for the human immunodeficiency virus. The protocol shall
17 include criteria for evaluating a patient's risk for human
18 immunodeficiency virus infection and for offering human
19 immunodeficiency virus testing, on a voluntary basis, as a
20 routine part of primary health care or admission to a health
21 care facility. The department shall ensure that the protocols
22 developed pursuant to this subsection are made available to
23 health care providers.
24 (9) FEES.--
25 (a) Each person or private organization registered as
26 an AIDS or HIV testing site shall pay the department a fee
27 which shall be set by rule of the department.
28 (b) Fees established pursuant to paragraph (a) shall
29 be an amount sufficient to meet all costs incurred by the
30 department in carrying out its registration, data collection,
31 complaint monitoring, and administrative responsibilities
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1 under this section, for all private AIDS or HIV testing sites,
2 but shall not exceed $100.
3 (c) No other fees shall be charged by other
4 governmental agencies for these purposes.
5 (10) RULES.--The Department of Health may adopt such
6 rules as are necessary to implement this section.
7 (11) TESTING AS A CONDITION OF TREATMENT OR
8 ADMISSION.--
9 (a) It is unlawful for any facility the operation of
10 which, or for any person engaged in an occupation the practice
11 of which, requires a license by the Agency for Health Care
12 Administration, the Department of Health, or the Department of
13 Business and Professional Regulation, to require any person to
14 take or submit to a human immunodeficiency virus-related test
15 as a condition of admission to any such facility or as a
16 condition of purchasing or obtaining any service or product
17 for which the license is required. This subsection shall not
18 be construed to prohibit any physician in good faith from
19 declining to provide a particular treatment requested by a
20 patient if the appropriateness of that treatment can only be
21 determined through a human immunodeficiency virus-related
22 test.
23 (b) The Agency for Health Care Administration, the
24 Department of Health, and the Department of Business and
25 Professional Regulation shall adopt rules implementing this
26 subsection.
27 (c) Any violation of this subsection or the rules
28 implementing it shall be punishable as provided in subsection
29 (6).
30 Section 4. Section 384.25, Florida Statutes, is
31 amended to read:
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1 384.25 Reporting required.--
2 (1) Each person who makes a diagnosis of or treats a
3 person with a sexually transmissible disease and each
4 laboratory that performs a test for a sexually transmissible
5 disease which concludes with a positive result shall report
6 such facts as may be required by the department by rule,
7 within a time period as specified by rule of the department,
8 but in no case to exceed 2 weeks.
9 (2) The department shall adopt rules specifying the
10 information required in and a minimum time period for
11 reporting a sexually transmissible disease. In adopting such
12 rules, the department shall consider the need for information,
13 protections for the privacy and confidentiality of the
14 patient, and the practical ability of persons and laboratories
15 to report in a reasonable fashion. To ensure the
16 confidentiality of persons infected with the human
17 immunodeficiency virus (HIV), reporting of HIV infection and
18 acquired immune deficiency syndrome (AIDS) must be conducted
19 using the HIV/AIDS Reporting System (HARS) developed by the
20 Centers for Disease Control and Prevention of the United
21 States Public Health Service.
22 (3) The department shall require reporting of
23 physician diagnosed cases of AIDS based upon diagnostic
24 criteria from the Centers for Disease Control and Prevention.
25 (4) The department may require physician and
26 laboratory reporting of HIV infection. However, only reports
27 of HIV infection identified on or after the effective date of
28 the rule developed by the department pursuant to this
29 subsection shall be accepted. The reporting may not affect or
30 relate to anonymous HIV testing programs conducted pursuant to
31
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1 s. 381.004(4) or to university-based medical research
2 protocols as determined by the department.
3 (5) After notification of the test subject under
4 subsection (4), the department may, with the consent of the
5 test subject, notify school superintendents of students and
6 school personnel whose HIV tests are positive.
7 (6) The department shall by February 1 of each year
8 submit to the Legislature an annual report relating to all
9 information obtained pursuant to this section.
10 (7) The rules adopted by the department pursuant to
11 this section shall specify the protocols for the reporting
12 required or permitted by subsection (3) or subsection (4).
13 The protocol developed for implementation of subsection (4)
14 shall include, but need not be limited to, information to be
15 given to a test subject during pretest counseling, including:
16 (a) The fact that a positive HIV test result may be
17 reported to the county health department with sufficient
18 information to identify the test subject and the availability
19 and location of anonymous testing sites; and
20 (b) The partner notification services available
21 through the county health departments, the benefits of such
22 services, and the confidentiality protections available as
23 part of such services.
24 (7)(8) Each person who violates the provisions of this
25 section or the rules adopted hereunder may be fined by the
26 department up to $500 for each offense. The department shall
27 report each violation of this section to the regulatory agency
28 responsible for licensing each health care professional and
29 each laboratory to which these provisions apply.
30 Section 5. Section 384.34, Florida Statutes, is
31 amended to read:
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1 384.34 Penalties.--
2 (1) Any person who violates the provisions of s.
3 384.24(1) commits a misdemeanor of the first degree,
4 punishable as provided in s. 775.082 or s. 775.083.
5 (2) Any person who violates the provisions of s.
6 384.26 or s. 384.29 commits a felony of the third misdemeanor
7 of the first degree, punishable as provided in ss. s. 775.082,
8 or s. 775.083, 775.084, and 775.0877(7).
9 (3) Any person who maliciously disseminates any false
10 information or report concerning the existence of any sexually
11 transmissible disease commits a felony of the third is guilty
12 of a misdemeanor of the second degree, punishable as provided
13 in ss. s. 775.082, or s. 775.083, 775.084, and 775.0877(7).
14 (4) Any person who violates the provisions of the
15 department's rules pertaining to sexually transmissible
16 diseases may be punished by a fine not to exceed $500 for each
17 violation. Any penalties enforced under this subsection shall
18 be in addition to other penalties provided by this act.
19 (5) Any person who violates the provisions of s.
20 384.24(2) commits a felony of the third degree, punishable as
21 provided in ss. 775.082, 775.083, 775.084, and 775.0877(7).
22 Any person who commits multiple violations of the provisions
23 of s. 384.24(2) commits a felony of the first degree,
24 punishable as provided in ss. 775.082, 775.083, 775.084, and
25 775.0877(7).
26 (6) Any person who obtains information that identifies
27 an individual who has a sexually transmissible disease, who
28 knew or should have known the nature of the information and
29 maliciously, or for monetary gain, disseminates this
30 information or otherwise makes this information known to any
31 other person, except by providing it either to a physician or
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1 nurse employed by the Department of Health or to a law
2 enforcement agency, commits a felony of the third degree,
3 punishable as provided in ss. 775.082, 775.083, 775.084, and
4 775.0877(7).
5 Section 6. Subsection (1) of section 455.604, Florida
6 Statutes, is amended to read:
7 455.604 Requirement for instruction for certain
8 licensees on human immunodeficiency virus and acquired immune
9 deficiency syndrome.--
10 (1) The appropriate board shall require each person
11 licensed or certified under chapter 457; chapter 458; chapter
12 459; chapter 460; chapter 461; chapter 463; chapter 464;
13 chapter 465; chapter 466; part II, part III, or part V of
14 chapter 468; chapter 470; or chapter 486 to complete a
15 continuing educational course, approved by the board, on human
16 immunodeficiency virus and acquired immune deficiency syndrome
17 as part of biennial relicensure or recertification. The course
18 shall consist of education on the modes of transmission,
19 infection control procedures, clinical management, and
20 prevention of human immunodeficiency virus and acquired immune
21 deficiency syndrome. Such course shall include information on
22 current Florida law on acquired immune deficiency syndrome,
23 and its impact on testing, confidentiality of test results,
24 and treatment of patients, and any protocols and procedures
25 applicable to human immunodeficiency virus counseling and
26 testing, reporting, and partner notification issues pursuant
27 to ss. 381.004 and 384.25 and the offering of HIV testing to
28 pregnant women.
29 Section 7. Subsections (1) and (2) of section
30 775.0877, Florida Statutes, are amended to read:
31
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1 775.0877 Criminal transmission of HIV; procedures;
2 penalties.--
3 (1) In any case in which a person has been convicted
4 of or has pled nolo contendere or guilty to, regardless of
5 whether adjudication is withheld, any of the following
6 offenses, or the attempt thereof, which offense or attempted
7 offense involves the transmission of body fluids from one
8 person to another:
9 (a) Section 794.011, relating to sexual battery,
10 (b) Section 826.04, relating to incest,
11 (c) Section 800.04(1), (2), and (3), relating to lewd,
12 lascivious, or indecent assault or act upon any person less
13 than 16 years of age,
14 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
15 relating to assault,
16 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
17 relating to aggravated assault,
18 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
19 relating to battery,
20 (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
21 relating to aggravated battery,
22 (h) Section 827.03(1), relating to child abuse,
23 (i) Section 827.03(2), relating to aggravated child
24 abuse,
25 (j) Section 825.102(1), relating to abuse of an
26 elderly person or disabled adult,
27 (k) Section 825.102(2), relating to aggravated abuse
28 of an elderly person or disabled adult,
29 (l) Section 827.071, relating to sexual performance by
30 person less than 18 years of age,
31
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1 (m) Sections 796.03, 796.07, and 796.08, relating to
2 prostitution, or
3 (n) Section 381.0041(11)(b), relating to donation of
4 blood, plasma, organs, skin, or other human tissue,
5
6 the court shall order the offender to undergo HIV testing, to
7 be performed under the direction of the Department of Health
8 and Rehabilitative Services in accordance with s. 381.004,
9 unless the offender has undergone HIV testing voluntarily or
10 pursuant to procedures established in s. 381.004(3)(h)6.
11 381.004(3)(i)6. or s. 951.27, or any other applicable law or
12 rule providing for HIV testing of criminal offenders or
13 inmates, subsequent to her or his arrest for an offense
14 enumerated in paragraphs (a)-(n) for which she or he was
15 convicted or to which she or he pled nolo contendere or
16 guilty. The results of an HIV test performed on an offender
17 pursuant to this subsection are not admissible in any criminal
18 proceeding arising out of the alleged offense.
19 (2) The results of the HIV test must be disclosed
20 under the direction of the Department of Health and
21 Rehabilitative Services, to the offender who has been
22 convicted of or pled nolo contendere or guilty to an offense
23 specified in subsection (1), the public health agency of the
24 county in which the conviction occurred and, if different, the
25 county of residence of the offender, and, upon request
26 pursuant to s. 960.003, to the victim or the victim's legal
27 guardian, or the parent or legal guardian of the victim if the
28 victim is a minor.
29 Section 8. Subsections (2) through (6) of section
30 960.003, Florida Statutes, are amended to read:
31
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1 960.003 Human immunodeficiency virus testing for
2 persons charged with or alleged by petition for delinquency to
3 have committed certain offenses; disclosure of results to
4 victims.--
5 (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY
6 PETITION FOR DELINQUENCY TO HAVE COMMITTED CERTAIN
7 OFFENSES.--In any case in which a person has been charged by
8 information or indictment with or alleged by petition for
9 delinquency to have committed any offense enumerated in s.
10 775.0877(1)(a)-(n), which involves the transmission of body
11 fluids from one person to another, upon request of the victim
12 or the victim's legal guardian, or of the parent or legal
13 guardian of the victim if the victim is a minor, the court
14 shall order such person to undergo HIV testing. The testing
15 shall be performed under the direction of the Department of
16 Health and Rehabilitative Services in accordance with s.
17 381.004. The results of an HIV test performed on a defendant
18 or juvenile offender pursuant to this subsection shall not be
19 admissible in any criminal or juvenile proceeding arising out
20 of the alleged offense.
21 (3) DISCLOSURE OF RESULTS.--
22 (a) The results of the test shall be disclosed, under
23 the direction of the Department of Health and Rehabilitative
24 Services, to the person charged with or alleged by petition
25 for delinquency to have committed or to the person convicted
26 of or adjudicated delinquent for any offense enumerated in s.
27 775.0877(1)(a)-(n), which involves the transmission of body
28 fluids from one person to another, and, upon request, to the
29 victim or the victim's legal guardian, or the parent or legal
30 guardian of the victim if the victim is a minor, and to public
31 health agencies pursuant to s. 775.0877. If the alleged
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1 offender is a juvenile, the test results shall also be
2 disclosed to the parent or guardian. Otherwise, HIV test
3 results obtained pursuant to this section are confidential and
4 exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
5 I of the State Constitution and shall not be disclosed to any
6 other person except as expressly authorized by law or court
7 order.
8 (b) At the time that the results are disclosed to the
9 victim or the victim's legal guardian, or to the parent or
10 legal guardian of a victim if the victim is a minor, the same
11 immediate opportunity for face-to-face counseling which must
12 be made available under s. 381.004(5)(g) 381.004(3)(e) to
13 those who undergo HIV testing shall also be afforded to the
14 victim or the victim's legal guardian, or to the parent or
15 legal guardian of the victim if the victim is a minor.
16 (4) POSTCONVICTION TESTING.--If, for any reason, the
17 testing requested under subsection (2) has not been
18 undertaken, then upon request of the victim or the victim's
19 legal guardian, or the parent or legal guardian of the victim
20 if the victim is a minor, the court shall order the offender
21 to undergo HIV testing following conviction or delinquency
22 adjudication. The testing shall be performed under the
23 direction of the Department of Health and Rehabilitative
24 Services, and the results shall be disclosed in accordance
25 with the provisions of subsection (3).
26 (5) EXCEPTIONS.--The provisions of subsections (2) and
27 (4) do not apply if:
28 (a) The person charged with or convicted of or alleged
29 by petition for delinquency to have committed or been
30 adjudicated delinquent for an offense described in subsection
31 (2) has undergone HIV testing voluntarily or pursuant to
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1 procedures established in s. 381.004(3)(h)6. 381.004(3)(i)6.
2 or s. 951.27, or any other applicable law or rule providing
3 for HIV testing of criminal defendants, inmates, or juvenile
4 offenders, subsequent to his or her arrest, conviction, or
5 delinquency adjudication for the offense for which he or she
6 was charged or alleged by petition for delinquency to have
7 committed; and
8 (b) The results of such HIV testing have been
9 furnished to the victim or the victim's legal guardian, or the
10 parent or legal guardian of the victim if the victim is a
11 minor.
12 (6) TESTING DURING INCARCERATION, DETENTION, OR
13 PLACEMENT; DISCLOSURE.--In any case in which a person
14 convicted of or adjudicated delinquent for an offense
15 described in subsection (2) has not been tested under
16 subsection (2), but undergoes HIV testing during his or her
17 incarceration, detention, or placement, the results of the
18 initial HIV testing shall be disclosed in accordance with the
19 provisions of subsection (3). Except as otherwise requested by
20 the victim or the victim's legal guardian, or the parent or
21 guardian of the victim if the victim is a minor, if the
22 initial test is conducted within the first year of the
23 imprisonment, detention, or placement, the request for
24 disclosure shall be considered a standing request for any
25 subsequent HIV test results obtained within 1 year after the
26 initial HIV test performed, and need not be repeated for each
27 test administration. Where the inmate or juvenile offender has
28 previously been tested pursuant to subsection (2) the request
29 for disclosure under this subsection shall be considered a
30 standing request for subsequent HIV results conducted within 1
31 year of the test performed pursuant to subsection (2). If the
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1 HIV testing is performed by an agency other than the
2 Department of Health and Rehabilitative Services, that agency
3 shall be responsible for forwarding the test results to the
4 Department of Health and Rehabilitative Services for
5 disclosure in accordance with the provisions of subsection
6 (3). This subsection shall not be limited to results of HIV
7 tests administered subsequent to June 27, 1990, but shall also
8 apply to the results of all HIV tests performed on inmates
9 convicted of or juvenile offenders adjudicated delinquent for
10 sex offenses as described in subsection (2) during their
11 incarceration, detention, or placement prior to June 27, 1990.
12 Section 9. This act shall take effect upon becoming a
13 law.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
37