CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Myers moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 5, line 31,

15

16  insert:

17         Section 1.  Subsection (1) of section 381.0035, Florida

18  Statutes, is amended to read:

19         381.0035  Educational course on human immunodeficiency

20  virus and acquired immune deficiency syndrome; employees and

21  clients of certain health care facilities.--

22         (1)  The Department of Health shall require all

23  employees and clients of facilities licensed under chapters

24  393, 394, and 397 and employees of facilities licensed under

25  chapter 395 and parts II, III, IV, and VI of chapter 400 to

26  complete, biennially, a continuing educational course on the

27  modes of transmission, infection control procedures, clinical

28  management, and prevention of human immunodeficiency virus and

29  acquired immune deficiency syndrome with an emphasis on

30  appropriate behavior and attitude change. Such instruction

31  shall include information on current Florida law and its

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1  impact on testing, confidentiality of test results, and

 2  treatment of patients and any protocols and procedures

 3  applicable to human immunodeficiency counseling and testing,

 4  reporting, the offering of HIV testing to pregnant women, and

 5  partner notification issues pursuant to ss. 381.004 and

 6  384.25.

 7         Section 2.  Subsections (2), (3), (4), (5), and (8) of

 8  section 381.004, Florida Statutes, are amended, and subsection

 9  (6) of that section is reenacted, to read:

10         381.004  Testing for human immunodeficiency virus.--

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)  "Significant exposure" means:

24         1.  Exposure to blood or body fluids through

25  needlestick, instruments, or sharps;

26         2.  Exposure of mucous membranes to visible blood or

27  body fluids, to which universal precautions apply according to

28  the National Centers for Disease Control and Prevention,

29  including, without limitations, the following body fluids:

30         a.  Blood.

31         b.  Semen.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1         c.  Vaginal secretions.

 2         d.  Cerebro-spinal fluid (CSF).

 3         e.  Synovial fluid.

 4         f.  Pleural fluid.

 5         g.  Peritoneal fluid.

 6         h.  Pericardial fluid.

 7         i.  Amniotic fluid.

 8         j.  Laboratory specimens that contain HIV (e.g.,

 9  suspensions of concentrated virus); or

10         3.  Exposure of skin to visible blood or body fluids,

11  especially when the exposed skin is chapped, abraded, or

12  afflicted with dermatitis or the contact is prolonged or

13  involving an extensive area.

14         (d)  "Preliminary HIV test" means an antibody screening

15  test, such as the enzyme-linked immunosorbent assays (ELISAs)

16  or the Single-Use Diagnostic System (SUDS).

17         (e)(d)  "Test subject" or "subject of the test" means

18  the person upon whom an HIV test is performed, or the person

19  who has legal authority to make health care decisions for the

20  test subject.

21         (3)  HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED

22  CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--

23         (a)  No person in this state shall order perform a test

24  designed to identify the human immunodeficiency virus, or its

25  antigen or antibody, without first obtaining the informed

26  consent of the person upon whom the test is being performed,

27  except as specified in paragraph (i).  Informed consent shall

28  be preceded by an explanation of the right to confidential

29  treatment of information identifying the subject of the test

30  and the results of the test to the extent provided by law.

31  Information shall also be provided on the fact that a positive

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1  HIV test result will be reported to the county health

 2  department with sufficient information to identify the test

 3  subject and on the availability and location of sites at which

 4  anonymous testing is performed.  As required in paragraph

 5  (4)(c), each county health department shall maintain a list of

 6  sites at which anonymous testing is performed, including the

 7  locations, phone numbers, and hours of operation of the sites.

 8  Consent need not be in writing provided there is documentation

 9  in the medical record that the test has been explained and the

10  consent has been obtained.

11         (b)  Except as provided in paragraph (i), informed

12  consent must be obtained from a legal guardian or other person

13  authorized by law when the person:

14         1.  Is not competent, is incapacitated, or is otherwise

15  unable to make an informed judgment; or

16         2.  Has not reached the age of majority, except as

17  provided in s. 384.30.

18         (c)  The person ordering the test or that person's

19  designee shall ensure that all reasonable efforts are made to

20  notify the test subject of his or her test result.

21  Notification of a person with a positive test result shall

22  include information on the availability of appropriate medical

23  and support services, on the importance of notifying partners

24  who may have been exposed, and on preventing transmission of

25  HIV. Notification of a person with a negative test result

26  shall include, as appropriate, information on preventing the

27  transmission of HIV. When testing occurs in a hospital

28  emergency department, detention facility, or other facility

29  and the test subject has been released before being notified

30  of positive test results, informing the county health

31  department for that department to notify the test subject

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1  fulfills this responsibility. No person shall order a test

 2  without making available to the person tested, prior to the

 3  test, information regarding measures for the prevention of,

 4  exposure to, and transmission of human immunodeficiency virus.

 5  At the time an HIV test is ordered, the person ordering the

 6  test shall schedule a return visit with the test subject for

 7  the purpose of disclosing the test results and conducting

 8  posttest counseling as described in paragraph (e).

 9         (d)  No test result shall be determined as positive,

10  and no positive test result shall be revealed to any person,

11  without corroborating or confirmatory tests being conducted

12  except in the following situations:.

13         1.  However, Preliminary test results may be released

14  to licensed physicians or the medical or nonmedical personnel

15  subject to the significant exposure for purposes of

16  subparagraphs (h)10., (i)10. and 11., and 12.

17         2.  Preliminary test results may be released to health

18  care providers and to the person tested when decisions about

19  medical care or treatment of the person tested cannot await

20  the results of confirmatory testing.  Positive preliminary HIV

21  test results shall not be characterized to the patient as a

22  diagnosis of HIV infection.  Justification for the use of

23  preliminary test results must be documented in the medical

24  record by the health care provider who ordered the test.  This

25  subparagraph does not authorize the release of preliminary

26  test results for the purpose of routine identification of

27  HIV-infected individuals or when HIV testing is incidental to

28  the preliminary diagnosis or care of a patient.  Corroborating

29  or confirmatory testing must be conducted as followup to a

30  positive preliminary test.  Results shall be communicated to

31  the patient according to statute regardless of the outcome.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1  Except as provided in this section, test results are

 2  confidential and exempt from the provisions of s. 119.07(1).

 3         (e)  Except as otherwise provided, no test result shall

 4  be revealed to the person upon whom the test was performed

 5  without affording that person the immediate opportunity for

 6  individual, face-to-face counseling about:

 7         1.  The meaning of the test results;

 8         2.  The possible need for additional testing;

 9         3.  Measures for the prevention of the transmission of

10  the human immunodeficiency virus infection;

11         4.  The availability in the geographic area of any

12  appropriate health care services, including mental health

13  care, and appropriate social and support services;

14         5.  The benefits of locating and counseling any

15  individual by whom the infected individual may have been

16  exposed to the human immunodeficiency virus infection and any

17  individual whom the infected individual may have exposed to

18  such human immunodeficiency virus infection; and

19         6.  The availability, if any, of the services of public

20  health authorities with respect to locating and counseling any

21  individual described in subparagraph 5.

22

23  Telephonic posttest counseling shall be permitted when

24  reporting the HIV test results of a home access HIV test that

25  is approved by the United States Food and Drug Administration

26  and analyzed by a laboratory certified under the federal

27  Clinical Laboratory Improvement Amendments of 1988 or licensed

28  under part I of chapter 483.

29         (e)(f)  Except as provided in this section, the

30  identity of any person upon whom a test has been performed and

31  test results are confidential and exempt from the provisions

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1  of s. 119.07(1).  No person who has obtained or has knowledge

 2  of a test result pursuant to this section may disclose or be

 3  compelled to disclose the identity of any person upon whom a

 4  test is performed, or the results of such a test in a manner

 5  which permits identification of the subject of the test,

 6  except to the following persons:

 7         1.  The subject of the test or the subject's legally

 8  authorized representative.

 9         2.  Any person, including third-party payors,

10  designated in a legally effective release of the test results

11  executed prior to or after the test by the subject of the test

12  or the subject's legally authorized representative. The test

13  subject may in writing authorize the disclosure of the test

14  subject's HIV test results to third party payors, who need not

15  be specifically identified, and to other persons to whom the

16  test subject subsequently issues a general release of medical

17  information.  A general release without such prior written

18  authorization is not sufficient to release HIV test results.

19         3.  An authorized agent or employee of a health

20  facility or health care provider if the health facility or

21  health care provider itself is authorized to obtain the test

22  results, the agent or employee participates in the

23  administration or provision of patient care or handles or

24  processes specimens of body fluids or tissues, and the agent

25  or employee has a need to know such information.  The

26  department shall adopt a rule defining which persons have a

27  need to know pursuant to this subparagraph.

28         4.  Health care providers consulting between themselves

29  or with health care facilities to determine diagnosis and

30  treatment. For purposes of this subparagraph, health care

31  providers shall include licensed health care professionals

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1  employed by or associated with state, county, or municipal

 2  detention facilities when such health care professionals are

 3  acting exclusively for the purpose of providing diagnoses or

 4  treatment of persons in the custody of such facilities.

 5         5.  The department, in accordance with rules for

 6  reporting and controlling the spread of disease, as otherwise

 7  provided by state law.

 8         6.  A health facility or health care provider which

 9  procures, processes, distributes, or uses:

10         a.  A human body part from a deceased person, with

11  respect to medical information regarding that person; or

12         b.  Semen provided prior to July 6, 1988, for the

13  purpose of artificial insemination.

14         7.  Health facility staff committees, for the purposes

15  of conducting program monitoring, program evaluation, or

16  service reviews pursuant to chapters 395 and 766.

17         8.  Authorized medical or epidemiological researchers

18  who may not further disclose any identifying characteristics

19  or information.

20         9.  A person allowed access by a court order which is

21  issued in compliance with the following provisions:

22         a.  No court of this state shall issue such order

23  unless the court finds that the person seeking the test

24  results has demonstrated a compelling need for the test

25  results which cannot be accommodated by other means.  In

26  assessing compelling need, the court shall weigh the need for

27  disclosure against the privacy interest of the test subject

28  and the public interest which may be disserved by disclosure

29  which deters blood, organ, and semen donation and future human

30  immunodeficiency virus-related testing or which may lead to

31  discrimination.  This paragraph shall not apply to blood bank

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1  donor records.

 2         b.  Pleadings pertaining to disclosure of test results

 3  shall substitute a pseudonym for the true name of the subject

 4  of the test.  The disclosure to the parties of the subject's

 5  true name shall be communicated confidentially in documents

 6  not filed with the court.

 7         c.  Before granting any such order, the court shall

 8  provide the individual whose test result is in question with

 9  notice and a reasonable opportunity to participate in the

10  proceedings if he or she is not already a party.

11         d.  Court proceedings as to disclosure of test results

12  shall be conducted in camera, unless the subject of the test

13  agrees to a hearing in open court or unless the court

14  determines that a public hearing is necessary to the public

15  interest and the proper administration of justice.

16         e.  Upon the issuance of an order to disclose test

17  results, the court shall impose appropriate safeguards against

18  unauthorized disclosure which shall specify the persons who

19  may have access to the information, the purposes for which the

20  information shall be used, and appropriate prohibitions on

21  future disclosure.

22         10.  A person allowed access by order of a judge of

23  compensation claims of the Division of Workers' Compensation

24  of the Department of Labor and Employment Security.  A judge

25  of compensation claims shall not issue such order unless he or

26  she finds that the person seeking the test results has

27  demonstrated a compelling need for the test results which

28  cannot be accommodated by other means.

29         11.  Those employees of the department or of

30  child-placing or child-caring agencies or of family foster

31  homes, licensed pursuant to s. 409.175, who are directly

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1  involved in the placement, care, control, or custody of such

 2  test subject and who have a need to know such information;

 3  adoptive parents of such test subject; or any adult custodian,

 4  any adult relative, or any person responsible for the child's

 5  welfare, if the test subject was not tested under subparagraph

 6  (b)2. and if a reasonable attempt has been made to locate and

 7  inform the legal guardian of a test result. The department

 8  shall adopt a rule to implement this subparagraph.

 9         12.  Those employees of residential facilities or of

10  community-based care programs that care for developmentally

11  disabled persons, pursuant to chapter 393, who are directly

12  involved in the care, control, or custody of such test subject

13  and who have a need to know such information.

14         13.  A health care provider involved in the delivery of

15  a child can note the mother's HIV test results in the child's

16  medical record.

17         14.12.  Medical personnel or nonmedical personnel who

18  have been subject to a significant exposure during the course

19  of medical practice or in the performance of professional

20  duties, or individuals who are the subject of the significant

21  exposure as provided in subparagraphs (h)10., (i)10. and 11.,

22  and 13.

23         15.  The medical examiner shall disclose positive HIV

24  test results to the department in accordance with rules for

25  reporting and controlling the spread of disease.

26         (f)(g)  Except as provided in this section, the

27  identity of a person upon whom a test has been performed is

28  confidential and exempt from the provisions of s. 119.07(1).

29  No person to whom the results of a test have been disclosed

30  may disclose the test results to another person except as

31  authorized by this subsection and by ss. 951.27 and 960.003.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1  Whenever disclosure is made pursuant to this subsection, it

 2  shall be accompanied by a statement in writing which includes

 3  the following or substantially similar language: "This

 4  information has been disclosed to you from records whose

 5  confidentiality is protected by state law.  State law

 6  prohibits you from making any further disclosure of such

 7  information without the specific written consent of the person

 8  to whom such information pertains, or as otherwise permitted

 9  by state law.  A general authorization for the release of

10  medical or other information is NOT sufficient for this

11  purpose." An oral disclosure shall be accompanied by oral

12  notice and followed by a written notice within 10 days, except

13  that this notice shall not be required for disclosures made

14  pursuant to subparagraphs (e)3. (f)3. and 4.

15         (g)(h)  Human immunodeficiency virus test results

16  contained in the medical records of a hospital licensed under

17  chapter 395 may be released in accordance with s. 395.3025

18  without being subject to the requirements of subparagraph

19  (e)2. (f)2., subparagraph (e)9. (f)9., or paragraph (f) (g);

20  provided the hospital has obtained written informed consent

21  for the HIV test in accordance with provisions of this

22  section.

23         (h)(i)  Notwithstanding the provisions of paragraph

24  (a), informed consent is not required:

25         1.  When testing for sexually transmissible diseases is

26  required by state or federal law, or by rule including the

27  following situations:

28         a.  HIV testing pursuant to s. 796.08 of persons

29  convicted of prostitution or of procuring another to commit

30  prostitution.

31         b.  Testing for HIV by a medical examiner in accordance

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1  with s. 406.11.

 2         2.  Those exceptions provided for blood, plasma,

 3  organs, skin, semen, or other human tissue pursuant to s.

 4  381.0041.

 5         3.  For the performance of an HIV-related test by

 6  licensed medical personnel in bona fide medical emergencies

 7  when the test results are necessary for medical diagnostic

 8  purposes to provide appropriate emergency care or treatment to

 9  the person being tested and the patient is unable to consent,

10  as supported by documentation in the medical record.

11  Notification of test results in accordance with paragraph (c)

12  Posttest counseling is required.

13         4.  For the performance of an HIV-related test by

14  licensed medical personnel for medical diagnosis of acute

15  illness where, in the opinion of the attending physician,

16  obtaining informed consent would be detrimental to the

17  patient, as supported by documentation in the medical record,

18  and the test results are necessary for medical diagnostic

19  purposes to provide appropriate care or treatment to the

20  person being tested. Notification of test results in

21  accordance with paragraph (c) Posttest counseling is required

22  if it would not be detrimental to the patient.  This

23  subparagraph does not authorize the routine testing of

24  patients for HIV infection without informed consent.

25         5.  When HIV testing is performed as part of an autopsy

26  for which consent was obtained pursuant to s. 872.04.

27         6.  For the performance of an HIV test upon a defendant

28  pursuant to the victim's request in a prosecution for any type

29  of sexual battery where a blood sample is taken from the

30  defendant voluntarily, pursuant to court order for any

31  purpose, or pursuant to the provisions of s. 775.0877, s.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1  951.27, or s. 960.003; however, the results of any HIV test

 2  performed shall be disclosed solely to the victim and the

 3  defendant, except as provided in ss. 775.0877, 951.27, and

 4  960.003.

 5         7.  When an HIV test is mandated by court order.

 6         8.  For epidemiological research pursuant to s.

 7  381.0032, for research consistent with institutional review

 8  boards created by 45 C.F.R. part 46, or for the performance of

 9  an HIV-related test for the purpose of research, if the

10  testing is performed in a manner by which the identity of the

11  test subject is not known and may not be retrieved by the

12  researcher.

13         9.  When human tissue is collected lawfully without the

14  consent of the donor for corneal removal as authorized by s.

15  732.9185 or enucleation of the eyes as authorized by s.

16  732.919.

17         10.  For the performance of an HIV test upon an

18  individual who comes into contact with medical personnel in

19  such a way that a significant exposure has occurred during the

20  course of employment or within the scope of practice and where

21  a blood sample is available that was taken from that

22  individual voluntarily by medical personnel for other

23  purposes.  "Medical personnel" includes a licensed or

24  certified health care professional; an employee of a health

25  care professional, health care facility, or blood bank; and a

26  paramedic or emergency medical technician as defined in s.

27  401.23.

28         a.  Prior to performance of an HIV test on a

29  voluntarily obtained blood sample, the individual from whom

30  the blood was obtained shall be requested to consent to the

31  performance of the test and to the release of the results.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1  The individual's refusal to consent and all information

 2  concerning the performance of an HIV test and any HIV test

 3  result shall be documented only in the medical personnel's

 4  record unless the individual gives written consent to entering

 5  this information on the individual's medical record.

 6         b.  Reasonable attempts to locate the individual and to

 7  obtain consent shall be made and all attempts must be

 8  documented. If the individual cannot be found, an HIV test may

 9  be conducted on the available blood sample. If the individual

10  does not voluntarily consent to the performance of an HIV

11  test, the individual shall be informed that an HIV test will

12  be performed, and counseling shall be furnished as provided in

13  this section.  However, HIV testing shall be conducted only

14  after a licensed physician documents, in the medical record of

15  the medical personnel, that there has been a significant

16  exposure and that, in the physician's medical judgment, the

17  information is medically necessary to determine the course of

18  treatment for the medical personnel.

19         c.  Costs of any HIV test of a blood sample performed

20  with or without the consent of the individual, as provided in

21  this subparagraph, shall be borne by the medical personnel or

22  the employer of the medical personnel. However, costs of

23  testing or treatment not directly related to the initial HIV

24  tests or costs of subsequent testing or treatment shall not be

25  borne by the medical personnel or the employer of the medical

26  personnel.

27         d.  In order to utilize the provisions of this

28  subparagraph, the medical personnel must either be tested for

29  HIV pursuant to this section or provide the results of an HIV

30  test taken within 6 months prior to the significant exposure

31  if such test results are negative.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1         e.  A person who receives the results of an HIV test

 2  pursuant to this subparagraph shall maintain the

 3  confidentiality of the information received and of the persons

 4  tested.  Such confidential information is exempt from s.

 5  119.07(1).

 6         f.  If the source of the exposure will not voluntarily

 7  submit to HIV testing and a blood sample is not available, the

 8  medical personnel or the employer of such person acting on

 9  behalf of the employee may seek a court order directing the

10  source of the exposure to submit to HIV testing.  A sworn

11  statement by a physician licensed under chapter 458 or chapter

12  459 that a significant exposure has occurred and that, in the

13  physician's medical judgment, testing is medically necessary

14  to determine the course of treatment constitutes probable

15  cause for the issuance of an order by the court.  The results

16  of the test shall be released to the source of the exposure

17  and to the person who experienced the exposure.

18         11.  For the performance of an HIV test upon an

19  individual who comes into contact with medical personnel in

20  such a way that a significant exposure has occurred during the

21  course of employment or within the scope of practice of the

22  medical personnel while the medical personnel provides

23  emergency medical treatment to the individual; or who comes

24  into contact with nonmedical personnel in such a way that a

25  significant exposure has occurred while the nonmedical

26  personnel provides emergency medical assistance during a

27  medical emergency.  For the purposes of this subparagraph, a

28  medical emergency means an emergency medical condition outside

29  of a hospital or health care facility that provides physician

30  care. The test may be performed only during the course of

31  treatment for the medical emergency.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1         a.  An individual who is capable of providing consent

 2  shall be requested to consent to an HIV test prior to the

 3  testing. The individual's refusal to consent, and all

 4  information concerning the performance of an HIV test and its

 5  result, shall be documented only in the medical personnel's

 6  record unless the individual gives written consent to entering

 7  this information on the individual's medical record.

 8         b.  HIV testing shall be conducted only after a

 9  licensed physician documents, in the medical record of the

10  medical personnel or nonmedical personnel, that there has been

11  a significant exposure and that, in the physician's medical

12  judgment, the information is medically necessary to determine

13  the course of treatment for the medical personnel or

14  nonmedical personnel.

15         c.  Costs of any HIV test performed with or without the

16  consent of the individual, as provided in this subparagraph,

17  shall be borne by the medical personnel or the employer of the

18  medical personnel or nonmedical personnel.  However, costs of

19  testing or treatment not directly related to the initial HIV

20  tests or costs of subsequent testing or treatment shall not be

21  borne by the medical personnel or the employer of the medical

22  personnel or nonmedical personnel.

23         d.  In order to utilize the provisions of this

24  subparagraph, the medical personnel or nonmedical personnel

25  shall be tested for HIV pursuant to this section or shall

26  provide the results of an HIV test taken within 6 months prior

27  to the significant exposure if such test results are negative.

28         e.  A person who receives the results of an HIV test

29  pursuant to this subparagraph shall maintain the

30  confidentiality of the information received and of the persons

31  tested.  Such confidential information is exempt from s.

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 1  119.07(1).

 2         f.  If the source of the exposure will not voluntarily

 3  submit to HIV testing and a blood sample was not obtained

 4  during treatment for the medical emergency, the medical

 5  personnel, the employer of the medical personnel acting on

 6  behalf of the employee, or the nonmedical personnel may seek a

 7  court order directing the source of the exposure to submit to

 8  HIV testing.  A sworn statement by a physician licensed under

 9  chapter 458 or chapter 459 that a significant exposure has

10  occurred and that, in the physician's medical judgment,

11  testing is medically necessary to determine the course of

12  treatment constitutes probable cause for the issuance of an

13  order by the court.  The results of the test shall be released

14  to the source of the exposure and to the person who

15  experienced the exposure.

16         12.  For the performance of an HIV test by the medical

17  examiner upon a deceased individual who is the source of a

18  significant exposure to medical personnel or nonmedical

19  personnel who provided emergency medical assistance and who

20  expired or could not be resuscitated during treatment for the

21  medical emergency.

22         13.12.  For the performance of an HIV-related test

23  medically indicated by licensed medical personnel for medical

24  diagnosis of a hospitalized infant as necessary to provide

25  appropriate care and treatment of the infant when, after a

26  reasonable attempt, a parent cannot be contacted to provide

27  consent. The medical records of the infant shall reflect the

28  reason consent of the parent was not initially obtained.  Test

29  results and posttest counseling shall be provided to the

30  parent when the parent is located.

31         14.  For the performance of HIV testing conducted to

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                                                  SENATE AMENDMENT

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 1  monitor the clinical progress of a patient previously

 2  diagnosed to be HIV positive.

 3         15.  For the performance of repeated HIV testing

 4  conducted to monitor possible conversion from a significant

 5  exposure.

 6         (4)  COUNTY HEALTH DEPARTMENT NETWORK OF VOLUNTARY

 7  HUMAN IMMUNODEFICIENCY VIRUS TESTING PROGRAMS.--

 8         (a)  The Department of Health shall establish a network

 9  of voluntary human immunodeficiency virus testing programs in

10  every county in the state. These programs shall be conducted

11  in each county health department established under the

12  provisions of part I of chapter 154. Additional programs may

13  be contracted to other private providers to the extent that

14  finances permit and local circumstances dictate.

15         (b)  Each county health department shall have the

16  ability to provide counseling and testing for human

17  immunodeficiency virus to each patient who receives services

18  and shall offer such testing on a voluntary basis to each

19  patient who presents himself or herself for services in a

20  public health program designated by the State Health Officer

21  by rule.

22         (c)  Each county health department shall provide a

23  program of counseling and testing for human immunodeficiency

24  virus infection, on both an anonymous and confidential basis.

25  Counseling provided to a patient tested on both an anonymous

26  and confidential basis shall include informing the patient of

27  the availability of partner-notification services, the

28  benefits of such services, and the confidentiality protections

29  available as part of such services. The Department of Health

30  or its designated agent shall continue to provide for

31  anonymous testing through an alternative testing site program

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                                                  SENATE AMENDMENT

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 1  with sites throughout all areas of the state. Each county

 2  health department shall maintain a list of anonymous testing

 3  sites.  The list shall include the locations, phone numbers,

 4  and hours of operation of the sites and shall be disseminated

 5  to all persons and programs offering human immunodeficiency

 6  virus testing within the service area of the county health

 7  department, including physicians licensed under chapter 458 or

 8  chapter 459. Except as provided in this section, the identity

 9  of a person upon whom a test has been performed and test

10  results are confidential and exempt from the provisions of s.

11  119.07(1).

12         (d)  The result of a serologic test conducted under the

13  auspices of the Department of Health shall not be used to

14  determine if a person may be insured for disability, health,

15  or life insurance or to screen or determine suitability for,

16  or to discharge a person from, employment.  Any person who

17  violates the provisions of this subsection is guilty of a

18  misdemeanor of the first degree, punishable as provided in s.

19  775.082 or s. 775.083.

20         (5)  HUMAN IMMUNODEFICIENCY VIRUS TESTING REQUIREMENTS;

21  REGISTRATION WITH THE DEPARTMENT OF HEALTH; EXEMPTIONS FROM

22  REGISTRATION.--No county health department and no other person

23  in this state shall conduct or hold themselves out to the

24  public as conducting a testing program for acquired immune

25  deficiency syndrome, acquired immune deficiency syndrome

26  related complex, or human immunodeficiency virus status

27  without first registering with the Department of Health,

28  reregistering each year, complying with all other applicable

29  provisions of state law, and meeting the following

30  requirements:

31         (a)  The program must be directed by a person with a

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1  minimum number of contact hours of experience in the

 2  counseling of persons with acquired immune deficiency

 3  syndrome, acquired immune deficiency syndrome related complex,

 4  or human immunodeficiency virus infection, as established by

 5  the Department of Health by rule.

 6         (b)  The program must have all medical care supervised

 7  by a physician licensed under the provisions of chapter 458 or

 8  chapter 459.

 9         (c)  The program shall have all laboratory procedures

10  performed in a laboratory licensed under the provisions of

11  chapter 483.

12         (d)  The program must meet all the informed consent

13  criteria contained in subsection (3).

14         (e)  The program must provide the opportunity for

15  pretest counseling on the meaning of a test for human

16  immunodeficiency virus, including medical indications for the

17  test; the possibility of false positive or false negative

18  results; the potential need for confirmatory testing; the

19  potential social, medical, and economic consequences of a

20  positive test result; and the need to eliminate high-risk

21  behavior.

22         (f)  The program must provide supplemental

23  corroborative testing on all positive test results before the

24  results of any positive test are provided to the patient.

25  Except as provided in this section, the identity of any person

26  upon whom a test has been performed and test results are

27  confidential and exempt from the provisions of s. 119.07(1).

28         (g)  The program must provide the opportunity for

29  face-to-face posttest counseling on the meaning of the test

30  results; the possible need for additional testing; the social,

31  medical, and economic consequences of a positive test result;

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

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 1  and the need to eliminate behavior which might spread the

 2  disease to others.

 3         (h)  Each person providing posttest counseling to a

 4  patient with a positive test result shall receive specialized

 5  training, to be specified by rule of the department, about the

 6  special needs of persons with positive results, including

 7  recognition of possible suicidal behavior, and shall refer the

 8  patient for further health and social services as appropriate.

 9         (i)  When services are provided for a charge during

10  pretest counseling, testing, supplemental testing, and

11  posttest counseling, the program must provide a complete list

12  of all such charges to the patient and the Department of

13  Health.

14         (j)  Nothing in this subsection shall be construed to

15  require a facility licensed under chapter 483 or a person

16  licensed under the provisions of chapter 457, chapter 458,

17  chapter 459, chapter 460, chapter 461, chapter 466, or chapter

18  467 to register with the Department of Health if he or she

19  does not advertise or hold himself or herself out to the

20  public as conducting testing programs for human

21  immunodeficiency virus infection or specializing in such

22  testing.

23         (k)  The department shall deny, suspend, or revoke the

24  registration of any person or agency that violates this

25  section, or any rule adopted under this section, constituting

26  an emergency affecting the immediate health, safety, and

27  welfare of a person receiving service.

28         (6)  PENALTIES.--

29         (a)  Any violation of this section by a facility or

30  licensed health care provider shall be a ground for

31  disciplinary action contained in the facility's or

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  professional's respective licensing chapter.

 2         (b)  Any person who violates the confidentiality

 3  provisions of this section and s. 951.27 commits a misdemeanor

 4  of the first degree, punishable as provided in s. 775.082 or

 5  s. 775.083.

 6         (8)  MODEL PROTOCOL FOR COUNSELING AND TESTING FOR

 7  HUMAN IMMUNODEFICIENCY VIRUS.--The Department of Health shall

 8  develop, by rule, a model protocol consistent with the

 9  provisions of this section for counseling and testing persons

10  for the human immunodeficiency virus. The protocol shall

11  include criteria for evaluating a patient's risk for human

12  immunodeficiency virus infection and for offering human

13  immunodeficiency virus testing, on a voluntary basis, as a

14  routine part of primary health care or admission to a health

15  care facility.  The Department of Health shall ensure that the

16  protocols developed under this section are made available to

17  health care providers.

18         Section 3.  Section 384.25, Florida Statutes, is

19  amended to read:

20         384.25  Reporting required.--

21         (1)  Each person who makes a diagnosis of or treats a

22  person with a sexually transmissible disease and each

23  laboratory that performs a test for a sexually transmissible

24  disease which concludes with a positive result shall report

25  such facts as may be required by the department by rule,

26  within a time period as specified by rule of the department,

27  but in no case to exceed 2 weeks.

28         (2)  The department shall adopt rules specifying the

29  information required in and a minimum time period for

30  reporting a sexually transmissible disease.  In adopting such

31  rules, the department shall consider the need for information,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1  protections for the privacy and confidentiality of the

 2  patient, and the practical ability of persons and laboratories

 3  to report in a reasonable fashion.  To ensure the

 4  confidentiality of persons infected with the human

 5  immunodeficiency virus (HIV), reporting of HIV infection and

 6  acquired immune deficiency syndrome (AIDS) must be conducted

 7  using the HIV/AIDS Reporting System (HARS) developed by the

 8  Centers for Disease Control and Prevention of the United

 9  States Public Health Service.

10         (3)  The department shall require reporting of

11  physician diagnosed cases of AIDS based upon diagnostic

12  criteria from the Centers for Disease Control and Prevention.

13         (4)  The department may require physician and

14  laboratory reporting of HIV infection. However, only reports

15  of HIV infection identified on or after the effective date of

16  the rule developed by the department pursuant to this

17  subsection shall be accepted.  The reporting may not affect or

18  relate to anonymous HIV testing programs conducted pursuant to

19  s. 381.004(4) or to university-based medical research

20  protocols as determined by the department.

21         (5)  After notification of the test subject under

22  subsection (4), the department may, with the consent of the

23  test subject, notify school superintendents of students and

24  school personnel whose HIV tests are positive.

25         (6)  The department shall by February 1 of each year

26  submit to the Legislature an annual report relating to all

27  information obtained pursuant to this section.

28         (7)  The rules adopted by the department pursuant to

29  this section shall specify the protocols for the reporting

30  required or permitted by subsection (3) or subsection (4).

31  The protocol developed for implementation of subsection (4)

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1  shall include, but need not be limited to, information to be

 2  given to a test subject during pretest counseling, including:

 3         (a)  The fact that a positive HIV test result may be

 4  reported to the county health department with sufficient

 5  information to identify the test subject and the availability

 6  and location of anonymous testing sites; and

 7         (b)  The partner notification services available

 8  through the county health departments, the benefits of such

 9  services, and the confidentiality protections available as

10  part of such services.

11         (7)(8)  Each person who violates the provisions of this

12  section or the rules adopted hereunder may be fined by the

13  department up to $500 for each offense.  The department shall

14  report each violation of this section to the regulatory agency

15  responsible for licensing each health care professional and

16  each laboratory to which these provisions apply.

17         Section 4.  Subsection (1) of section 455.604, Florida

18  Statutes, is amended to read:

19         455.604  Requirement for instruction for certain

20  licensees on human immunodeficiency virus and acquired immune

21  deficiency syndrome.--

22         (1)  The appropriate board shall require each person

23  licensed or certified under chapter 457; chapter 458; chapter

24  459; chapter 460; chapter 461; chapter 463; chapter 464;

25  chapter 465; chapter 466; part II, part III, or part V of

26  chapter 468; or chapter 486 to complete a continuing

27  educational course, approved by the board, on human

28  immunodeficiency virus and acquired immune deficiency syndrome

29  as part of biennial relicensure or recertification. The course

30  shall consist of education on the modes of transmission,

31  infection control procedures, clinical management, and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1  prevention of human immunodeficiency virus and acquired immune

 2  deficiency syndrome. Such course shall include information on

 3  current Florida law on acquired immune deficiency syndrome and

 4  its impact on testing, confidentiality of test results, and

 5  treatment of patients, and any protocols and procedures

 6  applicable to human immunodeficiency virus counseling and

 7  testing, reporting, the offering of HIV testing to pregnant

 8  women, and partner notification issues pursuant to ss. 381.004

 9  and 384.25.

10

11  (Redesignate subsequent sections.)

12

13

14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16         On page 1, line 2, delete that line

17

18  and insert:

19         An act relating to health care; amending s.

20         381.0035, F.S.; requiring certain information

21         related to HIV testing and counseling to be

22         included in HIV educational courses; amending

23         s. 381.004, F.S.; requiring informed consent

24         before an HIV test may be ordered; requiring

25         certain information to be provided when

26         informed consent is sought; providing

27         requirements with respect to notification and

28         release of test results; authorizing certain

29         disclosures of test results; providing for

30         court orders for testing in specified

31         circumstances; providing for emergency action

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 714

    Amendment No.    





 1         against a registration; providing requirements

 2         for model protocols; providing penalties;

 3         amending s. 384.25, F.S.; deleting provisions

 4         relating to protocols and to notification to

 5         school superintendents; amending s. 455.604,

 6         F.S.; requiring certain information related to

 7         HIV testing to be included in HIV educational

 8         courses for certain licensed professions;

 9

10

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12

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