House Bill hb0301
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Florida House of Representatives - 2001 HB 301
By Representative Wilson
1 A bill to be entitled
2 An act relating to the testing of inmates for
3 HIV; creating ss. 944.6025 and 957.055, F.S.;
4 defining the term "HIV test"; requiring the
5 Department of Corrections and contractors
6 operating private correctional facilities under
7 the Correctional Privatization Commission to
8 perform HIV tests on inmates prior to an
9 inmate's release; authorizing HIV testing of
10 inmates upon the request of a physician;
11 requiring certain recordkeeping; requiring
12 provision of additional services prior to an
13 inmate's release; requiring notification of the
14 county health department where the inmate will
15 reside when an inmate who has received a
16 positive HIV test result is released
17 unexpectedly; limiting access to HIV test
18 results; providing an effective date.
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20 WHEREAS, HIV and AIDS infections are one of the state's
21 most critical challenges, with Florida having the third
22 highest number of AIDS cases in the nation and the second
23 highest number of pediatric AIDS cases, and
24 WHEREAS, the prevalence of HIV and AIDS cases in the
25 state's prisons exceed the prevalence of HIV and AIDS in the
26 general population, and
27 WHEREAS, between 1989 and 1997, death due to AIDS
28 accounted for over half of inmate deaths in the state's
29 prisons, and
30 WHEREAS, recent advances in treatment for HIV and AIDS
31 can potentially reduce the number of opportunistic infections
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Florida House of Representatives - 2001 HB 301
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1 and associated medical costs and delay the onset of death due
2 to the disease, and
3 WHEREAS, referral to appropriate medical and social
4 services upon the release of an inmate can play a crucial role
5 in the treatment, care, and secondary prevention efforts, NOW,
6 THEREFORE,
7
8 Be It Enacted by the Legislature of the State of Florida:
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10 Section 1. Section 944.6025, Florida Statutes, is
11 created to read:
12 944.6025 HIV testing of inmates.--
13 (1) As used in this section, the term "HIV test" means
14 a test ordered to determine the presence of the antibody or
15 antigen to human immunodeficiency virus or the presence of
16 human immunodeficiency virus infection. Testing shall conform
17 to the standards established in s. 381.004(3).
18 (2) The department shall perform an HIV test on an
19 inmate before the inmate is released by reason of parole,
20 accumulation of gain-time allowances, or expiration of
21 sentence, unless the inmate has undergone an HIV test within
22 the previous 60 days or is known to be HIV-positive as a
23 result of a previous test. The department is authorized to
24 perform an HIV test on an inmate upon the request of a
25 physician. The department shall record the results of an HIV
26 test in the inmate's medical record.
27 (3) Prior to the release of an inmate who has received
28 a positive HIV test result, the department shall provide
29 special transitional assistance to the inmate, which includes:
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Florida House of Representatives - 2001 HB 301
713-121A-01
1 (a) Education on preventing the transmission of HIV
2 and on the importance of receiving followup care and
3 treatment.
4 (b) A written, individualized discharge plan that
5 links the inmate to local HIV primary care services in the
6 area where the inmate will reside.
7 (c) A 30-day supply of all medicines the inmate is
8 taking at the time of release.
9 (4) If an inmate who has received a positive HIV test
10 result is released pursuant to an emergency court order or
11 other unexpected action, the department shall immediately
12 notify the county health department in the county where the
13 inmate will reside following release, in order to ensure the
14 continuance of care and other services.
15 (5) The results of HIV tests pursuant to this section
16 shall be accessible only to persons designated by department
17 rule and shall be exempt from the provisions of s. 119.07(1)
18 and s. 24(a), Art. I of the State Constitution.
19 Section 2. Section 957.055, Florida Statutes, is
20 created to read:
21 957.055 HIV testing of inmates.--
22 (1) As used in this section, the term "HIV test" means
23 a test ordered to determine the presence of the antibody or
24 antigen to human immunodeficiency virus or the presence of
25 human immunodeficiency virus infection. Testing shall conform
26 to the standards established in s. 381.004(3).
27 (2) The contractor shall perform an HIV test on an
28 inmate before the inmate is released by reason of parole,
29 accumulation of gain-time allowances, or expiration of
30 sentence, unless the inmate has undergone an HIV test within
31 the previous 60 days or is known to be HIV-positive as a
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Florida House of Representatives - 2001 HB 301
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1 result of a previous test. The contractor is authorized to
2 perform an HIV test on an inmate upon the request of a
3 physician. The contractor shall record the results of an HIV
4 test in the inmate's medical record.
5 (3) Prior to the release of an inmate who has received
6 a positive HIV test result, the contractor shall provide
7 special transitional assistance to the inmate, which includes:
8 (a) Education on preventing the transmission of HIV
9 and on the importance of receiving followup care and
10 treatment.
11 (b) A written, individualized discharge plan that
12 links the inmate to local HIV primary care services in the
13 area where the inmate will reside.
14 (c) A 30-day supply of all medicines the inmate is
15 taking at the time of release.
16 (4) If an inmate who has received a positive HIV test
17 result is released pursuant to an emergency court order or
18 other unexpected action, the contractor shall immediately
19 notify the county health department in the county where the
20 inmate will reside following release, in order to ensure the
21 continuance of care and other services.
22 (5) The results of HIV tests pursuant to this section
23 shall be accessible only to persons designated by Department
24 of Corrections rule and shall be exempt from the provisions of
25 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
26 Section 3. This act shall take effect July 1, 2001.
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Florida House of Representatives - 2001 HB 301
713-121A-01
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2 HOUSE SUMMARY
3
Requires that the Department of Corrections and
4 contractors operating private correctional facilities
under the Correctional Privatization Commission perform
5 an HIV test before an inmate is released. Requires that
an inmate who has received a positive HIV test be
6 provided with educational services, a discharge plan, and
medications prior to release. Requires the Department of
7 Corrections and contractors operating private
correctional facilities under the Correctional
8 Privatization Commission to notify the county health
department where the inmate will reside when an inmate
9 who has received a positive HIV test result is released
pursuant to an emergency order or other unexpected
10 action. Limits access to test results.
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