Senate Bill sb0796c1

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    Florida Senate - 2006                            CS for SB 796

    By the Committee on Judiciary; and Senators Wilson, Miller,
    Lawson and Hill




    590-2192-06

  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 certain

10         county and municipal detention facilities

11         notify the Department of Health and the county

12         health department in the county where the

13         inmate plans to reside following release if the

14         inmate is HIV positive; requiring certain

15         detention facilities to provide special

16         transitional assistance to an inmate who is HIV

17         positive; providing for immunity for complying

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

19         that informed consent is not required for an

20         HIV test of an inmate before the inmate's

21         release from a municipal or county detention

22         facility; 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                            CS for 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 sentenced inmate who is to be released from the facility

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

17  unless, within 120 days before the release date, the inmate

18  has been tested for HIV and does not request retesting. The

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

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

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

22  a 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)  Each county or municipal detention facility that

27  elects to participate in the testing program authorized in

28  paragraph (a) must comply with the requirements of this

29  paragraph. If the county or municipal detention facility knows

30  that an inmate who is to be released from the facility is HIV

31  

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    Florida Senate - 2006                            CS for SB 796
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 1  positive or has received a positive HIV test result, that

 2  facility shall, before the inmate is released:

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

 4  Department of Health and the county health department in the

 5  county where the inmate being released plans to reside of the

 6  release date and HIV status of the inmate.

 7         2.  Provide special transitional assistance to the

 8  inmate which must include:

 9         a.  Education on preventing the transmission of HIV to

10  others and on the importance of receiving followup medical

11  care and treatment.

12         b.  A written, individualized discharge plan that

13  includes records of all laboratory and diagnostic test

14  results, medication and treatment information, and referrals

15  to and contacts with the county health department and local

16  primary medical care services for the treatment of HIV

17  infection which are available in the area where the inmate

18  plans to reside.

19         (3)(2)  Except as otherwise provided in this

20  subsection, serologic blood test results obtained pursuant to

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

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

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

24  to employees or officers of the sheriff or chief correctional

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

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

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

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

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

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

31  inmate who has been arrested for any sexual offense involving

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    Florida Senate - 2006                            CS for SB 796
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 1  oral, anal, or vaginal penetration by, or union with, the

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

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

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

 5  cases, the county or municipal detention facility shall

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

 7  responsible for disclosing the results to public health

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

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

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

11  960.003(3).

12         (4)(3)  The results of any serologic blood test on an

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

14  Upon transfer of the inmate to any other correctional

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

16  authorized persons must be notified of positive HIV test

17  results, as required in s. 775.0877.

18         (5)  Notwithstanding any statute providing for a waiver

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

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

21  subdivisions, are not liable to any person for negligently

22  causing death or personal injury arising out of complying with

23  this section.

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

25  Statutes, is amended to read:

26         381.004  HIV testing.--

27         (3)  HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED

28  CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--

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

30  designed to identify the human immunodeficiency virus, or its

31  antigen or antibody, without first obtaining the informed

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    Florida Senate - 2006                            CS for SB 796
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 1  consent of the person upon whom the test is being performed,

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

 3  be preceded by an explanation of the right to confidential

 4  treatment of information identifying the subject of the test

 5  and the results of the test to the extent provided by law.

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

 7  HIV test result will be reported to the county health

 8  department with sufficient information to identify the test

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

10  anonymous testing is performed. As required in paragraph

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

12  sites at which anonymous testing is performed, including the

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

14  Consent need not be in writing provided there is documentation

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

16  consent has been obtained.

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

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

19  authorized by law when the person:

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

21  unable to make an informed judgment; or

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

23  provided in s. 384.30.

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

25  designee shall ensure that all reasonable efforts are made to

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

27  Notification of a person with a positive test result shall

28  include information on the availability of appropriate medical

29  and support services, on the importance of notifying partners

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

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

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    Florida Senate - 2006                            CS for SB 796
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 1  shall include, as appropriate, information on preventing the

 2  transmission of HIV. When testing occurs in a hospital

 3  emergency department, detention facility, or other facility

 4  and the test subject has been released before being notified

 5  of positive test results, informing the county health

 6  department for that department to notify the test subject

 7  fulfills this responsibility.

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

 9  revealed to any person except in the following situations:

10         1.  Preliminary test results may be released to

11  licensed physicians or the medical or nonmedical personnel

12  subject to the significant exposure for purposes of

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

14         2.  Preliminary test results may be released to health

15  care providers and to the person tested when decisions about

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

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

18  when care, treatment, or recommendations regarding her

19  newborn, cannot await the results of confirmatory testing.

20  Positive preliminary HIV test results may not be characterized

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

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

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

24  test.

25         3.  The results of rapid testing technologies shall be

26  considered preliminary and may be released in accordance with

27  the manufacturer's instructions as approved by the federal

28  Food and Drug Administration.

29         4.  Corroborating or confirmatory testing must be

30  conducted as followup to a positive preliminary test.  Results

31  shall be communicated to the patient according to statute

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    Florida Senate - 2006                            CS for SB 796
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 1  regardless of the outcome. Except as provided in this section,

 2  test results are confidential and exempt from the provisions

 3  of s. 119.07(1).

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

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

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

 7  119.07(1).  No person who has obtained or has knowledge of a

 8  test result pursuant to this section may disclose or be

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

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

11  which permits identification of the subject of the test,

12  except to the following persons:

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

14  authorized representative.

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

16  designated in a legally effective release of the test results

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

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

19  subject may in writing authorize the disclosure of the test

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

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

22  test subject subsequently issues a general release of medical

23  information.  A general release without such prior written

24  authorization is not sufficient to release HIV test results.

25         3.  An authorized agent or employee of a health

26  facility or health care provider if the health facility or

27  health care provider itself is authorized to obtain the test

28  results, the agent or employee participates in the

29  administration or provision of patient care or handles or

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

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

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 1  department shall adopt a rule defining which persons have a

 2  need to know pursuant to this subparagraph.

 3         4.  Health care providers consulting between themselves

 4  or with health care facilities to determine diagnosis and

 5  treatment. For purposes of this subparagraph, health care

 6  providers shall include licensed health care professionals

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

 8  detention facilities when such health care professionals are

 9  acting exclusively for the purpose of providing diagnoses or

10  treatment of persons in the custody of such facilities.

11         5.  The department, in accordance with rules for

12  reporting and controlling the spread of disease, as otherwise

13  provided by state law.

14         6.  A health facility or health care provider which

15  procures, processes, distributes, or uses:

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

17  respect to medical information regarding that person; or

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

19  purpose of artificial insemination.

20         7.  Health facility staff committees, for the purposes

21  of conducting program monitoring, program evaluation, or

22  service reviews pursuant to chapters 395 and 766.

23         8.  Authorized medical or epidemiological researchers

24  who may not further disclose any identifying characteristics

25  or information.

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

27  issued in compliance with the following provisions:

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

29  unless the court 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.  In

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

 2  disclosure against the privacy interest of the test subject

 3  and the public interest which may be disserved by disclosure

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

 5  immunodeficiency virus-related testing or which may lead to

 6  discrimination.  This paragraph shall not apply to blood bank

 7  donor records.

 8         b.  Pleadings pertaining to disclosure of test results

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

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

11  true name shall be communicated confidentially in documents

12  not filed with the court.

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

14  provide the individual whose test result is in question with

15  notice and a reasonable opportunity to participate in the

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

17         d.  Court proceedings as to disclosure of test results

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

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

20  determines that a public hearing is necessary to the public

21  interest and the proper administration of justice.

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

23  results, the court shall impose appropriate safeguards against

24  unauthorized disclosure which shall specify the persons who

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

26  information shall be used, and appropriate prohibitions on

27  future disclosure.

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

29  compensation claims of the Division of Administrative

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

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

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 1  results has demonstrated a compelling need for the test

 2  results which cannot be accommodated by other means.

 3         11.  Those employees of the department or of

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

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

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

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

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

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

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

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

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

13  shall adopt a rule to implement this subparagraph.

14         12.  Those employees of residential facilities or of

15  community-based care programs that care for developmentally

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

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

18  and who have a need to know such information.

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

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

21  medical record.

22         14.  Medical personnel or nonmedical personnel who have

23  been subject to a significant exposure during the course of

24  medical practice or in the performance of professional duties,

25  or individuals who are the subject of the significant exposure

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

27         15.  The medical examiner shall disclose positive HIV

28  test results to the department in accordance with rules for

29  reporting and controlling the spread of disease.

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

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

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

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

 3  may disclose the test results to another person except as

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

 5  Whenever disclosure is made pursuant to this subsection, it

 6  shall be accompanied by a statement in writing which includes

 7  the following or substantially similar language: "This

 8  information has been disclosed to you from records whose

 9  confidentiality is protected by state law.  State law

10  prohibits you from making any further disclosure of such

11  information without the specific written consent of the person

12  to whom such information pertains, or as otherwise permitted

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

14  medical or other information is NOT sufficient for this

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

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

17  that this notice shall not be required for disclosures made

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

19         (g)  Human immunodeficiency virus test results

20  contained in the medical records of a hospital licensed under

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

22  without being subject to the requirements of subparagraph

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

24  hospital has obtained written informed consent for the HIV

25  test in accordance with provisions of this section.

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

27  informed consent is not required:

28         1.  When testing for sexually transmissible diseases is

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

30  following situations:

31  

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

 2  convicted of prostitution or of procuring another to commit

 3  prostitution.

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

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

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

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

 8  with s. 406.11.

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

10  384.31.

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

12  their release from a county or municipal detention facility.

13         2.  Those exceptions provided for blood, plasma,

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

15  381.0041.

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

17  licensed medical personnel in bona fide medical emergencies

18  when the test results are necessary for medical diagnostic

19  purposes to provide appropriate emergency care or treatment to

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

21  as supported by documentation in the medical record.

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

23  is required.

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

25  licensed medical personnel for medical diagnosis of acute

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

27  obtaining informed consent would be detrimental to the

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

29  and the test results are necessary for medical diagnostic

30  purposes to provide appropriate care or treatment to the

31  person being tested. Notification of test results in

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

 2  detrimental to the patient.  This subparagraph does not

 3  authorize the routine testing of patients for HIV infection

 4  without informed consent.

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

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

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

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

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

10  defendant voluntarily, pursuant to court order for any

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

12  951.27, or s. 960.003; however, the results of any HIV test

13  performed shall be disclosed solely to the victim and the

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

15  960.003.

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

17         8.  For epidemiological research pursuant to s.

18  381.0032, for research consistent with institutional review

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

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

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

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

23  researcher.

24         9.  When human tissue is collected lawfully without the

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

26  765.5185 or enucleation of the eyes as authorized by s.

27  765.519.

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

29  individual who comes into contact with medical personnel in

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

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

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 1  a blood sample is available that was taken from that

 2  individual voluntarily by medical personnel for other

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

 4  certified health care professional; an employee of a health

 5  care professional or health care facility; employees of a

 6  laboratory licensed under chapter 483; personnel of a blood

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

 8  is receiving training as a health care professional at a

 9  health care facility; and a paramedic or emergency medical

10  technician certified by the department to perform life-support

11  procedures under s. 401.23.

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

13  voluntarily obtained blood sample, the individual from whom

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

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

16  The individual's refusal to consent and all information

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

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

19  record unless the individual gives written consent to entering

20  this information on the individual's medical record.

21         b.  Reasonable attempts to locate the individual and to

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

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

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

25  does not voluntarily consent to the performance of an HIV

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

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

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

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

30  the medical personnel, that there has been a significant

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

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 1  information is medically necessary to determine the course of

 2  treatment for the medical personnel.

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

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

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

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

 7  testing or treatment not directly related to the initial HIV

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

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

10  personnel.

11         d.  In order to utilize the provisions of this

12  subparagraph, the medical personnel must either be tested for

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

14  test taken within 6 months prior to the significant exposure

15  if such test results are negative.

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

17  pursuant to this subparagraph shall maintain the

18  confidentiality of the information received and of the persons

19  tested.  Such confidential information is exempt from s.

20  119.07(1).

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

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

23  medical personnel or the employer of such person acting on

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

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

26  statement by a physician licensed under chapter 458 or chapter

27  459 that a significant exposure has occurred and that, in the

28  physician's medical judgment, testing is medically necessary

29  to determine the course of treatment constitutes probable

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

31  

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

 2  and to the person who experienced the exposure.

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

 4  individual who comes into contact with medical personnel in

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

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

 7  medical personnel while the medical personnel provides

 8  emergency medical treatment to the individual; or who comes

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

10  significant exposure has occurred while the nonmedical

11  personnel provides emergency medical assistance during a

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

13  medical emergency means an emergency medical condition outside

14  of a hospital or health care facility that provides physician

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

16  treatment for the medical emergency.

17         a.  An individual who is capable of providing consent

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

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

20  information concerning the performance of an HIV test and its

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

22  record unless the individual gives written consent to entering

23  this information on the individual's medical record.

24         b.  HIV testing shall be conducted only after a

25  licensed physician documents, in the medical record of the

26  medical personnel or nonmedical personnel, that there has been

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

28  judgment, the information is medically necessary to determine

29  the course of treatment for the medical personnel or

30  nonmedical personnel.

31  

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

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

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

 4  medical personnel or nonmedical 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 or nonmedical personnel.

 9         d.  In order to utilize the provisions of this

10  subparagraph, the medical personnel or nonmedical personnel

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

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

13  to the significant exposure 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 was not obtained

21  during treatment for the medical emergency, the medical

22  personnel, the employer of the medical personnel acting on

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

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

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

26  chapter 458 or chapter 459 that a significant exposure has

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

28  testing is medically necessary to determine the course of

29  treatment constitutes probable cause for the issuance of an

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

31  

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    Florida Senate - 2006                            CS for SB 796
    590-2192-06




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

 2  experienced the exposure.

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

 4  examiner or attending physician upon an individual who expired

 5  or could not be resuscitated while receiving emergency medical

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

 7  exposure to medical or nonmedical personnel providing such

 8  assistance or care.

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

10  physician documents in the medical record of the medical

11  personnel or nonmedical personnel that there has been a

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

13  judgment, the information is medically necessary to determine

14  the course of treatment for the medical personnel or

15  nonmedical personnel.

16         b.  Costs of any HIV test performed under this

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

18  family of the deceased person.

19         c.  For the provisions of this subparagraph to be

20  applicable, the medical personnel or nonmedical personnel must

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

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

23  significant exposure if such test results are negative.

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

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

26         13.  For the performance of an HIV-related test

27  medically indicated by licensed medical personnel for medical

28  diagnosis of a hospitalized infant as necessary to provide

29  appropriate care and treatment of the infant when, after a

30  reasonable attempt, a parent cannot be contacted to provide

31  consent. The medical records of the infant shall reflect the

                                  18

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    Florida Senate - 2006                            CS for SB 796
    590-2192-06




 1  reason consent of the parent was not initially obtained.  Test

 2  results shall be provided to the parent when the parent is

 3  located.

 4         14.  For the performance of HIV testing conducted to

 5  monitor the clinical progress of a patient previously

 6  diagnosed to be HIV positive.

 7         15.  For the performance of repeated HIV testing

 8  conducted to monitor possible conversion from a significant

 9  exposure.

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

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 796

14                                 

15  The substantial changes made by the committee substitute to
    the underlying bill:
16  
    --   Provide that the HIV testing program only applies to
17       sentenced inmates; and

18  --   Clarify that only those local facilities in counties and
         municipalities participating in the HIV testing program
19       must provide transitional assistance and notify the
         Department of Health of an HIV diagnosis.
20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  19

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