| 1 | The Committee on Health Care recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to human immunodeficiency virus (HIV) |
| 7 | infection testing of newborn infants; amending s. 384.31, |
| 8 | F.S.; requiring certain newborn infants to be tested at |
| 9 | the time of delivery in accordance with applicable rules; |
| 10 | requiring that such rules provide methods of testing, |
| 11 | requirements for reporting of test results, a requirement |
| 12 | that test results be confidential, and right of refusal; |
| 13 | requiring notification of positive test results to include |
| 14 | certain information on available services and on |
| 15 | prevention of HIV transmission; providing an effective |
| 16 | date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 384.31, Florida Statutes, is amended to |
| 21 | read: |
| 22 | 384.31 Serological testing of pregnant women and newborn |
| 23 | infants; duty of the attendant.-- |
| 24 | (1) Every person, including every physician licensed under |
| 25 | chapter 458 or chapter 459 or midwife licensed under part I of |
| 26 | chapter 464 or chapter 467, attending a pregnant woman for |
| 27 | conditions relating to pregnancy during the period of gestation |
| 28 | and delivery shall take or cause to be taken a sample of venous |
| 29 | blood at a time or times specified by the department. Each |
| 30 | sample of blood shall be tested by a laboratory approved for |
| 31 | such purposes under part I of chapter 483 for sexually |
| 32 | transmissible diseases as required by rule of the department. |
| 33 | (2) At the time the venous blood sample is taken, testing |
| 34 | for human immunodeficiency virus (HIV) infection shall be |
| 35 | offered to each pregnant woman. The prevailing professional |
| 36 | standard of care in this state requires each health care |
| 37 | provider and midwife who attends a pregnant woman to counsel the |
| 38 | woman to be tested for human immunodeficiency virus (HIV). |
| 39 | Counseling shall include a discussion of the availability of |
| 40 | treatment if the pregnant woman tests HIV positive. If a |
| 41 | pregnant woman objects to HIV testing, reasonable steps shall be |
| 42 | taken to obtain a written statement of such objection, signed by |
| 43 | the patient, which shall be placed in the patient's medical |
| 44 | record. Every person, including every physician licensed under |
| 45 | chapter 458 or chapter 459 or midwife licensed under part I of |
| 46 | chapter 464 or chapter 467, who attends a pregnant woman who has |
| 47 | been offered and objects to HIV testing shall be immune from |
| 48 | liability arising out of or related to the contracting of HIV |
| 49 | infection or acquired immune deficiency syndrome (AIDS) by the |
| 50 | child from the mother. |
| 51 | (3) Notwithstanding s. 381.004(3)(a) and (b), every |
| 52 | newborn infant whose mother's HIV status is not documented in |
| 53 | the medical record shall be tested for HIV at the time of |
| 54 | delivery as required by rule of the department. Such rule shall |
| 55 | set forth acceptable methods of testing, requirements for the |
| 56 | reporting of test results to the mother and the department, a |
| 57 | requirement that the test results otherwise be confidential, and |
| 58 | the right of the mother to refuse testing of the infant. |
| 59 | Notification to the mother of an infant's positive test result |
| 60 | must include information on the availability of appropriate |
| 61 | medical and support services for the infant and on preventing |
| 62 | the transmission of HIV. |
| 63 | Section 2. This act shall take effect July 1, 2004. |