1 | Representative(s) Gannon offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove line(s) 72-363 and insert: |
5 | 2. Those exceptions provided for blood, plasma, organs, |
6 | skin, semen, or other human tissue pursuant to s. 381.0041. |
7 | 3. For the performance of an HIV-related test by licensed |
8 | medical personnel in bona fide medical emergencies when the test |
9 | results are necessary for medical diagnostic purposes to provide |
10 | appropriate emergency care or treatment to the person being |
11 | tested and the patient is unable to consent, as supported by |
12 | documentation in the medical record. Notification of test |
13 | results in accordance with paragraph (c) is required. |
14 | 4. For the performance of an HIV-related test by licensed |
15 | medical personnel for medical diagnosis of acute illness where, |
16 | in the opinion of the attending physician, obtaining informed |
17 | consent would be detrimental to the patient, as supported by |
18 | documentation in the medical record, and the test results are |
19 | necessary for medical diagnostic purposes to provide appropriate |
20 | care or treatment to the person being tested. Notification of |
21 | test results in accordance with paragraph (c) is required if it |
22 | would not be detrimental to the patient. This subparagraph does |
23 | not authorize the routine testing of patients for HIV infection |
24 | without informed consent. |
25 | 5. When HIV testing is performed as part of an autopsy for |
26 | 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 purpose, |
31 | or pursuant to the provisions of s. 775.0877, s. 951.27, or s. |
32 | 960.003; however, the results of any HIV test performed shall be |
33 | disclosed solely to the victim and the defendant, except as |
34 | provided in ss. 775.0877, 951.27, and 960.003. |
35 | 7. When an HIV test is mandated by court order. |
36 | 8. For epidemiological research pursuant to s. 381.0032, |
37 | for research consistent with institutional review boards created |
38 | by 45 C.F.R. part 46, or for the performance of an HIV-related |
39 | test for the purpose of research, if the testing is performed in |
40 | a manner by which the identity of the test subject is not known |
41 | and may not be retrieved by the researcher. |
42 | 9. When human tissue is collected lawfully without the |
43 | consent of the donor for corneal removal as authorized by s. |
44 | 765.5185 or enucleation of the eyes as authorized by s. 765.519. |
45 | 10. For the performance of an HIV test upon an individual |
46 | who comes into contact with medical personnel in such a way that |
47 | a significant exposure has occurred during the course of |
48 | employment or within the scope of practice and where a blood |
49 | sample is available that was taken from that individual |
50 | voluntarily by medical personnel for other purposes. The term |
51 | "medical personnel" includes a licensed or certified health care |
52 | professional; an employee of a health care professional or |
53 | health care facility; employees of a laboratory licensed under |
54 | chapter 483; personnel of a blood bank or plasma center; a |
55 | medical student or other student who is receiving training as a |
56 | health care professional at a health care facility; and a |
57 | paramedic or emergency medical technician certified by the |
58 | department to perform life-support procedures under s. 401.23. |
59 | a. Prior to performance of an HIV test on a voluntarily |
60 | obtained blood sample, the individual from whom the blood was |
61 | obtained shall be requested to consent to the performance of the |
62 | test and to the release of the results. The individual's refusal |
63 | to consent and all information concerning the performance of an |
64 | HIV test and any HIV test result shall be documented only in the |
65 | medical personnel's record unless the individual gives written |
66 | consent to entering this information on the individual's medical |
67 | record. |
68 | b. Reasonable attempts to locate the individual and to |
69 | obtain consent shall be made, and all attempts must be |
70 | documented. If the individual cannot be found, an HIV test may |
71 | be conducted on the available blood sample. If the individual |
72 | does not voluntarily consent to the performance of an HIV test, |
73 | the individual shall be informed that an HIV test will be |
74 | performed, and counseling shall be furnished as provided in this |
75 | section. However, HIV testing shall be conducted only after a |
76 | licensed physician documents, in the medical record of the |
77 | medical personnel, that there has been a significant exposure |
78 | and that, in the physician's medical judgment, the information |
79 | is medically necessary to determine the course of treatment for |
80 | the medical personnel. |
81 | c. Costs of any HIV test of a blood sample performed with |
82 | or without the consent of the individual, as provided in this |
83 | subparagraph, shall be borne by the medical personnel or the |
84 | employer of the medical personnel. However, costs of testing or |
85 | treatment not directly related to the initial HIV tests or costs |
86 | of subsequent testing or treatment shall not be borne by the |
87 | medical personnel or the employer of the medical personnel. |
88 | d. In order to utilize the provisions of this |
89 | subparagraph, the medical personnel must either be tested for |
90 | HIV pursuant to this section or provide the results of an HIV |
91 | test taken within 6 months prior to the significant exposure if |
92 | such test results are negative. |
93 | e. A person who receives the results of an HIV test |
94 | pursuant to this subparagraph shall maintain the confidentiality |
95 | of the information received and of the persons tested. Such |
96 | confidential information is exempt from s. 119.07(1). |
97 | f. If the source of the exposure will not voluntarily |
98 | submit to HIV testing and a blood sample is not available, the |
99 | medical personnel or the employer of such person acting on |
100 | behalf of the employee may seek a court order directing the |
101 | source of the exposure to submit to HIV testing. A sworn |
102 | statement by a physician licensed under chapter 458 or chapter |
103 | 459 that a significant exposure has occurred and that, in the |
104 | physician's medical judgment, testing is medically necessary to |
105 | determine the course of treatment constitutes probable cause for |
106 | the issuance of an order by the court. The results of the test |
107 | shall be released to the source of the exposure and to the |
108 | person who experienced the exposure. |
109 | 11. For the performance of an HIV test upon an individual |
110 | who comes into contact with medical personnel in such a way that |
111 | a significant exposure has occurred during the course of |
112 | employment or within the scope of practice of the medical |
113 | personnel while the medical personnel provides emergency medical |
114 | treatment to the individual; or who comes into contact with |
115 | nonmedical personnel in such a way that a significant exposure |
116 | has occurred while the nonmedical personnel provides emergency |
117 | medical assistance during a medical emergency. For the purposes |
118 | of this subparagraph, a medical emergency means an emergency |
119 | medical condition outside of a hospital or health care facility |
120 | that provides physician care. The test may be performed only |
121 | during the course of treatment for the medical emergency. |
122 | a. An individual who is capable of providing consent shall |
123 | be requested to consent to an HIV test prior to the testing. The |
124 | individual's refusal to consent, and all information concerning |
125 | the performance of an HIV test and its result, shall be |
126 | documented only in the medical personnel's record unless the |
127 | individual gives written consent to entering this information on |
128 | the individual's medical record. |
129 | b. HIV testing shall be conducted only after a licensed |
130 | physician documents, in the medical record of the medical |
131 | personnel or nonmedical personnel, that there has been a |
132 | significant exposure and that, in the physician's medical |
133 | judgment, the information is medically necessary to determine |
134 | the course of treatment for the medical personnel or nonmedical |
135 | personnel. |
136 | c. Costs of any HIV test performed with or without the |
137 | consent of the individual, as provided in this subparagraph, |
138 | shall be borne by the medical personnel or the employer of the |
139 | medical personnel or nonmedical personnel. However, costs of |
140 | testing or treatment not directly related to the initial HIV |
141 | tests or costs of subsequent testing or treatment shall not be |
142 | borne by the medical personnel or the employer of the medical |
143 | personnel or nonmedical personnel. |
144 | d. In order to utilize the provisions of this |
145 | subparagraph, the medical personnel or nonmedical personnel |
146 | shall be tested for HIV pursuant to this section or shall |
147 | provide the results of an HIV test taken within 6 months prior |
148 | to the significant exposure if such test results are negative. |
149 | e. A person who receives the results of an HIV test |
150 | pursuant to this subparagraph shall maintain the confidentiality |
151 | of the information received and of the persons tested. Such |
152 | confidential information is exempt from s. 119.07(1). |
153 | f. If the source of the exposure will not voluntarily |
154 | submit to HIV testing and a blood sample was not obtained during |
155 | treatment for the medical emergency, the medical personnel, the |
156 | employer of the medical personnel acting on behalf of the |
157 | employee, or the nonmedical personnel may seek a court order |
158 | directing the source of the exposure to submit to HIV testing. A |
159 | sworn statement by a physician licensed under chapter 458 or |
160 | chapter 459 that a significant exposure has occurred and that, |
161 | in the physician's medical judgment, testing is medically |
162 | necessary to determine the course of treatment constitutes |
163 | probable cause for the issuance of an order by the court. The |
164 | results of the test shall be released to the source of the |
165 | exposure and to the person who experienced the exposure. |
166 | 12. For the performance of an HIV test by the medical |
167 | examiner or attending physician upon an individual who expired |
168 | or could not be resuscitated while receiving emergency medical |
169 | assistance or care and who was the source of a significant |
170 | exposure to medical or nonmedical personnel providing such |
171 | assistance or care. |
172 | a. HIV testing may be conducted only after a licensed |
173 | physician documents in the medical record of the medical |
174 | personnel or nonmedical personnel that there has been a |
175 | significant exposure and that, in the physician's medical |
176 | judgment, the information is medically necessary to determine |
177 | the course of treatment for the medical personnel or nonmedical |
178 | personnel. |
179 | b. Costs of any HIV test performed under this subparagraph |
180 | may not be charged to the deceased or to the family of the |
181 | deceased person. |
182 | c. For the provisions of this subparagraph to be |
183 | applicable, the medical personnel or nonmedical personnel must |
184 | be tested for HIV under this section or must provide the results |
185 | of an HIV test taken within 6 months before the significant |
186 | exposure if such test results are negative. |
187 | d. A person who receives the results of an HIV test |
188 | pursuant to this subparagraph shall comply with paragraph (e). |
189 | 13. For the performance of an HIV-related test medically |
190 | indicated by licensed medical personnel for medical diagnosis of |
191 | a hospitalized infant as necessary to provide appropriate care |
192 | and treatment of the infant when, after a reasonable attempt, a |
193 | parent cannot be contacted to provide consent. The medical |
194 | records of the infant shall reflect the reason consent of the |
195 | parent was not initially obtained. Test results shall be |
196 | provided to the parent when the parent is located. |
197 | 14. For the performance of HIV testing conducted to |
198 | monitor the clinical progress of a patient previously diagnosed |
199 | to be HIV positive. |
200 | 15. For the performance of repeated HIV testing conducted |
201 | to monitor possible conversion from a significant exposure. |
202 | Section 2. Section 384.25, Florida Statutes, is amended to |
203 | read: |
204 | 384.25 Reporting required.-- |
205 | (1) Each person who makes a diagnosis of or treats a |
206 | person with a sexually transmissible disease and each laboratory |
207 | that performs a test for a sexually transmissible disease which |
208 | either concludes with a positive result for a sexually |
209 | transmissible disease or a result indicative of human |
210 | immunodeficiency virus (HIV) or acquired immune deficiency |
211 | syndrome (AIDS) shall report such facts as may be required by |
212 | the department by rule, within a time period as specified by |
213 | rule of the department, but in no case to exceed 2 weeks. |
214 | (2) The department shall adopt rules specifying the |
215 | information required in and the maximum a minimum time period |
216 | for reporting a sexually transmissible disease. In adopting such |
217 | rules, the department shall consider the need for information, |
218 | protections for the privacy and confidentiality of the patient, |
219 | and the practical ability of persons and laboratories to report |
220 | in a reasonable fashion. |
221 | (3) To ensure the confidentiality of persons infected with |
222 | the human immunodeficiency virus (HIV), reporting of HIV |
223 | infection and AIDS acquired immune deficiency syndrome (AIDS) |
224 | must be conducted using a system the HIV/AIDS Reporting System |
225 | (HARS) developed by the Centers for Disease Control and |
226 | Prevention of the United States Public Health Service or an |
227 | equivalent system. |
228 | (a) The department shall adopt rules requiring each |
229 | physician and laboratory to report any newborn or infant up to |
230 | 18 months of age who has been exposed to HIV. Such rules may |
231 | include the method and time period for reporting which may not |
232 | exceed 2 weeks, information to be included in the report, |
233 | enforcement requirements, and followup activities by the |
234 | department. |
235 | (3) The department shall require reporting of physician |
236 | diagnosed cases of AIDS based upon diagnostic criteria from the |
237 | Centers for Disease Control and Prevention. |
238 | (b)(4) The department may require physician and laboratory |
239 | reporting of HIV infection. However, only reports of HIV |
240 | infection identified on or after the effective date of the rule |
241 | developed by the department pursuant to this subsection shall be |
242 | accepted. The reporting may not affect or relate to anonymous |
243 | HIV testing programs conducted pursuant to s. 381.004(4) or to |
244 | university-based medical research protocols as determined by the |
245 | department. |
246 | (c)(5) After notification of the test subject under |
247 | subsection (4), the department may, with the consent of the test |
248 | subject, notify school superintendents of students and school |
249 | personnel whose HIV tests are positive. |
250 | (6) The department shall by February 1 of each year submit |
251 | to the Legislature an annual report relating to all information |
252 | obtained pursuant to this section. |
253 | (4)(7) Each person who violates the provisions of this |
254 | section or the rules adopted hereunder may be fined by the |
255 | department up to $500 for each offense. The department shall |
256 | report each violation of this section to the regulatory agency |
257 | responsible for licensing each health care professional and each |
258 | laboratory to which these provisions apply. |
259 | Section 3. Section 384.31, Florida Statutes, is amended to |
260 | read: |
261 | 384.31 Serological testing of pregnant women; duty of the |
262 | attendant.-- |
263 | (1) Every person, including every physician licensed under |
264 | chapter 458 or chapter 459 or midwife licensed under part I of |
265 | chapter 464 or chapter 467, attending a pregnant woman for |
266 | conditions relating to pregnancy during the period of gestation |
267 | and delivery shall take or cause the woman to be tested for |
268 | sexually transmissible diseases, including HIV, as taken a |
269 | sample of venous blood at a time or times specified by the |
270 | department rule. Testing Each sample of blood shall be conducted |
271 | tested by a laboratory approved for such purposes under part I |
272 | of chapter 483 for sexually transmissible diseases as required |
273 | by rule of the department. |
274 | (2) At the time the venous blood sample is taken, testing |
275 | for human immunodeficiency virus (HIV) infection shall be |
276 | offered to each pregnant woman. The prevailing professional |
277 | standard of care in this state requires each health care |
278 | provider and midwife who attends a pregnant woman to counsel the |
279 | woman to be tested for human immunodeficiency virus (HIV). |
280 | Counseling shall include a discussion of the availability of |
281 | treatment if the pregnant woman tests HIV positive. If a |
282 | pregnant woman objects to HIV testing, reasonable steps shall be |
283 | taken to obtain a written statement of such objection, signed by |
284 | the patient, which shall be placed in the patient's medical |
285 | record. Every person, including every physician licensed under |
286 | chapter 458 or chapter 459 or midwife licensed under part I of |
287 | chapter 464 or chapter 467, who attends a pregnant woman who has |
288 | been offered and objects to HIV testing shall be immune from |
289 | liability arising out of or related to the contracting of HIV |
290 | infection or acquired immune deficiency syndrome (AIDS) by the |
291 | child from the mother. |
292 |
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293 | ================ T I T L E A M E N D M E N T ============= |
294 | Remove line(s) 5-20 and insert: |
295 | amending s. 384.25, F.S.; requiring certain positive test |
296 | results to be reported to the Department of Health within |
297 | a specified period of time; revising provisions relating |
298 | to method of reporting of test results, time period during |
299 | which the reports must be made, content of reports, |
300 | enforcement requirements, and followup activities and |
301 | requiring the department to adopt rules therefor; deleting |
302 | requirement that the department submit certain reports; |
303 | amending s. 384.31, F.S.; requiring testing of pregnant |
304 | women for sexually transmissible diseases; providing an |
305 | effective date. |