Senate Bill sb0796

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    Florida Senate - 2006                                   SB 796

    By Senator Wilson





    33-19-06

  1                      A bill to be entitled

  2         An act relating to the testing of inmates for

  3         HIV infection in county and municipal detention

  4         facilities; amending s. 951.27, F.S.;

  5         authorizing counties and municipalities to

  6         participate in a program to test each inmate

  7         for HIV before the inmate is released if the

  8         inmate's HIV status is unknown; providing

  9         certain exceptions; requiring that county and

10         municipal detention facilities notify the

11         Department of Health and the county health

12         department in the county where the inmate plans

13         to reside following release if the inmate is

14         HIV positive; requiring the detention

15         facilities to provide special transitional

16         assistance to an inmate who is HIV positive;

17         providing for immunity for complying entities;

18         amending s. 381.004, F.S.; providing that

19         informed consent is not required for an HIV

20         test of an inmate before the inmate's release

21         from a municipal or county detention facility;

22         providing an effective date.

23  

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

25  

26         Section 1.  Section 951.27, Florida Statutes, is

27  amended to read:

28         951.27  Blood tests of inmates.--

29         (1)  Each county and each municipal detention facility

30  shall have a written procedure developed, in consultation with

31  the facility medical provider, establishing conditions under

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    Florida Senate - 2006                                   SB 796
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 1  which an inmate will be tested for infectious disease,

 2  including human immunodeficiency virus pursuant to s.

 3  775.0877, which procedure is consistent with guidelines of the

 4  Centers for Disease Control and Prevention and recommendations

 5  of the Correctional Medical Authority. It is not unlawful for

 6  the person receiving the test results to divulge the test

 7  results to the sheriff or chief correctional officer.

 8         (2)(a)  Each county or municipality has the local

 9  option, if authorized by a majority of the county's or

10  municipality's governing body, to participate in the testing

11  program provided in this subsection. The county or municipal

12  detention facility that lies within the authority of any

13  participating county or municipality shall, consistent with s.

14  381.004(3), perform an HIV test as defined in s. 381.004(2) on

15  each inmate who is to be released from the facility unless the

16  facility knows that the inmate is HIV positive or unless,

17  within 120 days before the release date, the inmate has been

18  tested for HIV and does not request retesting. The required

19  test must be performed not less than 30 days before the

20  release date of the inmate. A test is not required under this

21  paragraph if an inmate is released due to an emergency or a

22  court order and the detention facility receives less than 30

23  days' notice of the release date or if the inmate is

24  transferred to the custody of the Department of Corrections

25  for incarceration in the state correctional system.

26         (b)  If the county or municipal detention facility

27  knows that an inmate who is to be released from the facility

28  is HIV positive or has received a positive HIV test result,

29  that facility shall, before the inmate is released:

30         1.  Notify, consistent with s. 381.004(3), the

31  Department of Health and the county health department in the

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    Florida Senate - 2006                                   SB 796
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 1  county where the inmate being released plans to reside of the

 2  release date and HIV status of the inmate.

 3         2.  Provide special transitional assistance to the

 4  inmate which must include:

 5         a.  Education on preventing the transmission of HIV to

 6  others and on the importance of receiving followup medical

 7  care and treatment.

 8         b.  A written, individualized discharge plan that

 9  includes records of all laboratory and diagnostic test

10  results, medication and treatment information, and referrals

11  to and contacts with the county health department and local

12  primary medical care services for the treatment of HIV

13  infection which are available in the area where the inmate

14  plans to reside.

15         (3)(2)  Except as otherwise provided in this

16  subsection, serologic blood test results obtained pursuant to

17  subsection (1) or subsection (2) are confidential and exempt

18  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

19  the State Constitution. However, such results may be provided

20  to employees or officers of the sheriff or chief correctional

21  officer who are responsible for the custody and care of the

22  affected inmate and have a need to know such information, and

23  as provided in ss. 381.004(3), 775.0877, and 960.003. In

24  addition, upon request of the victim or the victim's legal

25  guardian, or the parent or legal guardian of the victim if the

26  victim is a minor, the results of any HIV test performed on an

27  inmate who has been arrested for any sexual offense involving

28  oral, anal, or vaginal penetration by, or union with, the

29  sexual organ of another, shall be disclosed to the victim or

30  the victim's legal guardian, or to the parent or legal

31  guardian of the victim if the victim is a minor. In such

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 1  cases, the county or municipal detention facility shall

 2  furnish the test results to the Department of Health, which is

 3  responsible for disclosing the results to public health

 4  agencies as provided in s. 775.0877 and to the victim or the

 5  victim's legal guardian, or the parent or legal guardian of

 6  the victim if the victim is a minor, as provided in s.

 7  960.003(3).

 8         (4)(3)  The results of any serologic blood test on an

 9  inmate are a part of that inmate's permanent medical file.

10  Upon transfer of the inmate to any other correctional

11  facility, such file is also transferred, and all relevant

12  authorized persons must be notified of positive HIV test

13  results, as required in s. 775.0877.

14         (5)  Notwithstanding any statute providing for a waiver

15  of sovereign immunity, the state, its agencies, or

16  subdivisions, and employees of the state, its agencies, or

17  subdivisions, are not liable to any person for negligently

18  causing death or personal injury arising out of complying with

19  this section.

20         Section 2.  Subsection (3) of section 381.004, Florida

21  Statutes, is amended to read:

22         381.004  HIV testing.--

23         (3)  HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED

24  CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--

25         (a)  No person in this state shall order a test

26  designed to identify the human immunodeficiency virus, or its

27  antigen or antibody, without first obtaining the informed

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

29  except as specified in paragraph (h). Informed consent shall

30  be preceded by an explanation of the right to confidential

31  treatment of information identifying the subject of the test

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    Florida Senate - 2006                                   SB 796
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 1  and the results of the test to the extent provided by law.

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

 3  HIV test result will be reported to the county health

 4  department with sufficient information to identify the test

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

 6  anonymous testing is performed. As required in paragraph

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

 8  sites at which anonymous testing is performed, including the

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

10  Consent need not be in writing provided there is documentation

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

12  consent has been obtained.

13         (b)  Except as provided in paragraph (h), informed

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

15  authorized by law when the person:

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

17  unable to make an informed judgment; or

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

19  provided in s. 384.30.

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

21  designee shall ensure that all reasonable efforts are made to

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

23  Notification of a person with a positive test result shall

24  include information on the availability of appropriate medical

25  and support services, on the importance of notifying partners

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

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

28  shall include, as appropriate, information on preventing the

29  transmission of HIV. When testing occurs in a hospital

30  emergency department, detention facility, or other facility

31  and the test subject has been released before being notified

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 1  of positive test results, informing the county health

 2  department for that department to notify the test subject

 3  fulfills this responsibility.

 4         (d)  A positive preliminary test result may not be

 5  revealed to any person except in the following situations:

 6         1.  Preliminary test results may be released to

 7  licensed physicians or the medical or nonmedical personnel

 8  subject to the significant exposure for purposes of

 9  subparagraphs (h)10., 11., and 12.

10         2.  Preliminary test results may be released to health

11  care providers and to the person tested when decisions about

12  medical care or treatment of, or recommendation to, the person

13  tested and, in the case of an intrapartum or postpartum woman,

14  when care, treatment, or recommendations regarding her

15  newborn, cannot await the results of confirmatory testing.

16  Positive preliminary HIV test results may not be characterized

17  to the patient as a diagnosis of HIV infection. Justification

18  for the use of preliminary test results must be documented in

19  the medical record by the health care provider who ordered the

20  test.

21         3.  The results of rapid testing technologies shall be

22  considered preliminary and may be released in accordance with

23  the manufacturer's instructions as approved by the federal

24  Food and Drug Administration.

25         4.  Corroborating or confirmatory testing must be

26  conducted as followup to a positive preliminary test.  Results

27  shall be communicated to the patient according to statute

28  regardless of the outcome. Except as provided in this section,

29  test results are confidential and exempt from the provisions

30  of s. 119.07(1).

31  

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 1         (e)  Except as provided in this section, the identity

 2  of any person upon whom a test has been performed and test

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

 4  119.07(1).  No person who has obtained or has knowledge of a

 5  test result pursuant to this section may disclose or be

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

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

 8  which permits identification of the subject of the test,

 9  except to the following persons:

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

11  authorized representative.

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

13  designated in a legally effective release of the test results

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

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

16  subject may in writing authorize the disclosure of the test

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

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

19  test subject subsequently issues a general release of medical

20  information.  A general release without such prior written

21  authorization is not sufficient to release HIV test results.

22         3.  An authorized agent or employee of a health

23  facility or health care provider if the health facility or

24  health care provider itself is authorized to obtain the test

25  results, the agent or employee participates in the

26  administration or provision of patient care or handles or

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

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

29  department shall adopt a rule defining which persons have a

30  need to know pursuant to this subparagraph.

31  

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 1         4.  Health care providers consulting between themselves

 2  or with health care facilities to determine diagnosis and

 3  treatment. For purposes of this subparagraph, health care

 4  providers shall include licensed health care professionals

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

 6  detention facilities when such health care professionals are

 7  acting exclusively for the purpose of providing diagnoses or

 8  treatment of persons in the custody of such facilities.

 9         5.  The department, in accordance with rules for

10  reporting and controlling the spread of disease, as otherwise

11  provided by state law.

12         6.  A health facility or health care provider which

13  procures, processes, distributes, or uses:

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

15  respect to medical information regarding that person; or

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

17  purpose of artificial insemination.

18         7.  Health facility staff committees, for the purposes

19  of conducting program monitoring, program evaluation, or

20  service reviews pursuant to chapters 395 and 766.

21         8.  Authorized medical or epidemiological researchers

22  who may not further disclose any identifying characteristics

23  or information.

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

25  issued in compliance with the following provisions:

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

27  unless the court finds that the person seeking the test

28  results has demonstrated a compelling need for the test

29  results which cannot be accommodated by other means.  In

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

31  disclosure against the privacy interest of the test subject

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 1  and the public interest which may be disserved by disclosure

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

 3  immunodeficiency virus-related testing or which may lead to

 4  discrimination.  This paragraph shall not apply to blood bank

 5  donor records.

 6         b.  Pleadings pertaining to disclosure of test results

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

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

 9  true name shall be communicated confidentially in documents

10  not filed with the court.

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

12  provide the individual whose test result is in question with

13  notice and a reasonable opportunity to participate in the

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

15         d.  Court proceedings as to disclosure of test results

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

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

18  determines that a public hearing is necessary to the public

19  interest and the proper administration of justice.

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

21  results, the court shall impose appropriate safeguards against

22  unauthorized disclosure which shall specify the persons who

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

24  information shall be used, and appropriate prohibitions on

25  future disclosure.

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

27  compensation claims of the Division of Administrative

28  Hearings. A judge of compensation claims shall not issue such

29  order unless he or she finds that the person seeking the test

30  results has demonstrated a compelling need for the test

31  results which cannot be accommodated by other means.

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 1         11.  Those employees of the department or of

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

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

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

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

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

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

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

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

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

11  shall adopt a rule to implement this subparagraph.

12         12.  Those employees of residential facilities or of

13  community-based care programs that care for developmentally

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

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

16  and who have a need to know such information.

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

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

19  medical record.

20         14.  Medical personnel or nonmedical personnel who have

21  been subject to a significant exposure during the course of

22  medical practice or in the performance of professional duties,

23  or individuals who are the subject of the significant exposure

24  as provided in subparagraphs (h)10.-12.

25         15.  The medical examiner shall disclose positive HIV

26  test results to the department in accordance with rules for

27  reporting and controlling the spread of disease.

28         (f)  Except as provided in this section, the identity

29  of a person upon whom a test has been performed is

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

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

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 1  may disclose the test results to another person except as

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

 3  Whenever disclosure is made pursuant to this subsection, it

 4  shall be accompanied by a statement in writing which includes

 5  the following or substantially similar language: "This

 6  information has been disclosed to you from records whose

 7  confidentiality is protected by state law.  State law

 8  prohibits you from making any further disclosure of such

 9  information without the specific written consent of the person

10  to whom such information pertains, or as otherwise permitted

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

12  medical or other information is NOT sufficient for this

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

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

15  that this notice shall not be required for disclosures made

16  pursuant to subparagraphs (e)3. and 4.

17         (g)  Human immunodeficiency virus test results

18  contained in the medical records of a hospital licensed under

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

20  without being subject to the requirements of subparagraph

21  (e)2., subparagraph (e)9., or paragraph (f); provided the

22  hospital has obtained written informed consent for the HIV

23  test in accordance with provisions of this section.

24         (h)  Notwithstanding the provisions of paragraph (a),

25  informed consent is not required:

26         1.  When testing for sexually transmissible diseases is

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

28  following situations:

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

30  convicted of prostitution or of procuring another to commit

31  prostitution.

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 1         b.  HIV testing of inmates pursuant to s. 945.355 prior

 2  to their release from prison by reason of parole, accumulation

 3  of gain-time credits, or expiration of sentence.

 4         c.  Testing for HIV by a medical examiner in accordance

 5  with s. 406.11.

 6         d.  HIV testing of pregnant women pursuant to s.

 7  384.31.

 8         e.  HIV testing of inmates pursuant to s. 951.27 before

 9  their release from a county or municipal detention facility.

10         2.  Those exceptions provided for blood, plasma,

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

12  381.0041.

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

14  licensed medical personnel in bona fide medical emergencies

15  when the test results are necessary for medical diagnostic

16  purposes to provide appropriate emergency care or treatment to

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

18  as supported by documentation in the medical record.

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

20  is required.

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

22  licensed medical personnel for medical diagnosis of acute

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

24  obtaining informed consent would be detrimental to the

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

26  and the test results are necessary for medical diagnostic

27  purposes to provide appropriate care or treatment to the

28  person being tested. Notification of test results in

29  accordance with paragraph (c) is required if it would not be

30  detrimental to the patient.  This subparagraph does not

31  

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 1  authorize the routine testing of patients for HIV infection

 2  without informed consent.

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

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

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

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

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

 8  defendant voluntarily, pursuant to court order for any

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

10  951.27, or s. 960.003; however, the results of any HIV test

11  performed shall be disclosed solely to the victim and the

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

13  960.003.

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

15         8.  For epidemiological research pursuant to s.

16  381.0032, for research consistent with institutional review

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

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

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

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

21  researcher.

22         9.  When human tissue is collected lawfully without the

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

24  765.5185 or enucleation of the eyes as authorized by s.

25  765.519.

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

27  individual who comes into contact with medical personnel in

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

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

30  a blood sample is available that was taken from that

31  individual voluntarily by medical personnel for other

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 1  purposes.  The term "medical personnel" includes a licensed or

 2  certified health care professional; an employee of a health

 3  care professional or health care facility; employees of a

 4  laboratory licensed under chapter 483; personnel of a blood

 5  bank or plasma center; a medical student or other student who

 6  is receiving training as a health care professional at a

 7  health care facility; and a paramedic or emergency medical

 8  technician certified by the department to perform life-support

 9  procedures under s. 401.23.

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

11  voluntarily obtained blood sample, the individual from whom

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

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

14  The individual's refusal to consent and all information

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

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

17  record unless the individual gives written consent to entering

18  this information on the individual's medical record.

19         b.  Reasonable attempts to locate the individual and to

20  obtain consent shall be made, and all attempts must be

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

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

23  does not voluntarily consent to the performance of an HIV

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

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

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

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

28  the medical personnel, that there has been a significant

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

30  information is medically necessary to determine the course of

31  treatment for the medical personnel.

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

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

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

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

 5  testing or treatment not directly related to the initial HIV

 6  tests or costs of subsequent testing or treatment may not be

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

 8  personnel.

 9         d.  In order to utilize the provisions of this

10  subparagraph, the medical personnel must either be tested for

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

12  test taken within 6 months prior to the significant exposure

13  if such test results are negative.

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

15  pursuant to this subparagraph shall maintain the

16  confidentiality of the information received and of the persons

17  tested.  Such confidential information is exempt from s.

18  119.07(1).

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

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

21  medical personnel or the employer of such person acting on

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

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

24  statement by a physician licensed under chapter 458 or chapter

25  459 that a significant exposure has occurred and that, in the

26  physician's medical judgment, testing is medically necessary

27  to determine the course of treatment constitutes probable

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

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

30  and to the person who experienced the exposure.

31  

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

 2  individual who comes into contact with medical personnel in

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

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

 5  medical personnel while the medical personnel provides

 6  emergency medical treatment to the individual; or who comes

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

 8  significant exposure has occurred while the nonmedical

 9  personnel provides emergency medical assistance during a

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

11  medical emergency means an emergency medical condition outside

12  of a hospital or health care facility that provides physician

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

14  treatment for the medical emergency.

15         a.  An individual who is capable of providing consent

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

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

18  information concerning the performance of an HIV test and its

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

20  record unless the individual gives written consent to entering

21  this information on the individual's medical record.

22         b.  HIV testing shall be conducted only after a

23  licensed physician documents, in the medical record of the

24  medical personnel or nonmedical personnel, that there has been

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

26  judgment, the information is medically necessary to determine

27  the course of treatment for the medical personnel or

28  nonmedical personnel.

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

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

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

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 1  medical personnel or nonmedical personnel. However, costs of

 2  testing or treatment not directly related to the initial HIV

 3  tests or costs of subsequent testing or treatment may not be

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

 5  personnel or nonmedical personnel.

 6         d.  In order to utilize the provisions of this

 7  subparagraph, the medical personnel or nonmedical personnel

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

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

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

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

12  pursuant to this subparagraph shall maintain the

13  confidentiality of the information received and of the persons

14  tested.  Such confidential information is exempt from s.

15  119.07(1).

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

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

18  during treatment for the medical emergency, the medical

19  personnel, the employer of the medical personnel acting on

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

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

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

23  chapter 458 or chapter 459 that a significant exposure has

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

25  testing is medically necessary to determine the course of

26  treatment constitutes probable cause for the issuance of an

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

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

29  experienced the exposure.

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

31  examiner or attending physician upon an individual who expired

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    Florida Senate - 2006                                   SB 796
    33-19-06




 1  or could not be resuscitated while receiving emergency medical

 2  assistance or care and who was the source of a significant

 3  exposure to medical or nonmedical personnel providing such

 4  assistance or care.

 5         a.  HIV testing may be conducted only after a licensed

 6  physician documents in the medical record of the medical

 7  personnel or nonmedical personnel that there has been a

 8  significant exposure and that, in the physician's medical

 9  judgment, the information is medically necessary to determine

10  the course of treatment for the medical personnel or

11  nonmedical personnel.

12         b.  Costs of any HIV test performed under this

13  subparagraph may not be charged to the deceased or to the

14  family of the deceased person.

15         c.  For the provisions of this subparagraph to be

16  applicable, the medical personnel or nonmedical personnel must

17  be tested for HIV under this section or must provide the

18  results of an HIV test taken within 6 months before the

19  significant exposure if such test results are negative.

20         d.  A person who receives the results of an HIV test

21  pursuant to this subparagraph shall comply with paragraph (e).

22         13.  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 shall be provided to the parent when the parent is

30  located.

31  

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    Florida Senate - 2006                                   SB 796
    33-19-06




 1         14.  For the performance of HIV testing conducted to

 2  monitor the clinical progress of a patient previously

 3  diagnosed to be HIV positive.

 4         15.  For the performance of repeated HIV testing

 5  conducted to monitor possible conversion from a significant

 6  exposure.

 7         Section 3.  This act shall take effect July 1, 2006.

 8  

 9            *****************************************

10                          SENATE SUMMARY

11    Authorizes counties and municipalities to participate in
      a program to test each inmate for HIV before the inmate
12    is released if the inmate's HIV status is unknown.
      Requires that county and municipal detention facilities
13    notify the Department of Health and the county health
      department in the county where the inmate plans to reside
14    following release if the inmate is HIV positive. Requires
      the detention facilities to provide special transitional
15    assistance to an inmate who is HIV positive. Provides
      that informed consent is not required for an HIV test of
16    an inmate before the inmate's release from a municipal or
      county detention facility.
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