Senate Bill sb0186

    Florida Senate - 2005                                   SB 186

    By Senator Lynn





    7-191A-05

  1                      A bill to be entitled

  2         An act relating to the testing for pregnant

  3         women for human immunodeficiency virus (HIV)

  4         infection; amending s. 384.31, F.S.; requiring

  5         all pregnant women to be tested for HIV

  6         infection; providing that each woman be

  7         informed of the HIV test results; requiring

  8         that information be provided to the woman about

  9         medical and support services if the test

10         results are positive; providing an exemption

11         from testing requirements if the pregnant woman

12         objects; providing an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Section 384.31, Florida Statutes, is

17  amended to read:

18         384.31  Serological testing of pregnant women; duty of

19  the attendant.--

20         (1)  Every person, including every physician licensed

21  under chapter 458 or chapter 459 or midwife licensed under

22  part I of chapter 464 or chapter 467, attending a pregnant

23  woman for conditions relating to pregnancy during the period

24  of gestation and delivery shall take or cause to be taken a

25  sample of venous blood at a time or times specified by the

26  department.  Each sample of blood shall be tested by a

27  laboratory approved for such purposes under part I of chapter

28  483 for sexually transmissible diseases as required by rule of

29  the department.

30         (2)  At the time the venous blood sample is taken, the

31  pregnant woman's blood sample shall be tested testing for

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






    Florida Senate - 2005                                   SB 186
    7-191A-05




 1  human immunodeficiency virus (HIV) infection shall be offered

 2  to each pregnant woman. The prevailing professional standard

 3  of care in this state requires each health care provider and

 4  midwife who attends a pregnant woman to ensure that counsel

 5  the woman is to be tested for human immunodeficiency virus

 6  (HIV) and informed of the test results. Testing procedures

 7  Counseling shall include a discussion of the availability of

 8  treatment if the pregnant woman tests HIV positive. If a

 9  pregnant woman objects to HIV testing, reasonable steps shall

10  be taken to obtain a written statement of the such objection,

11  signed by the patient, which shall be placed in the patient's

12  medical record. Every person, including every physician

13  licensed under chapter 458 or chapter 459 or midwife licensed

14  under part I of chapter 464 or chapter 467, who attends a

15  pregnant woman who has been offered and objects to HIV testing

16  is shall be immune from liability arising out of or related to

17  the contracting of HIV infection or acquired immune deficiency

18  syndrome (AIDS) by the child from the mother.

19         Section 2.  This act shall take effect July 1, 2005.

20  

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22                          SENATE SUMMARY

23    Requires that all pregnant women be tested for HIV
      infection. Requires that information be provided to the
24    mother about medical and support services if the woman's
      test results are positive. Provides an exemption from
25    testing requirements if the pregnant woman objects.

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