Senate Bill sb0164
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Florida Senate - 2007 SB 164
By Senator Geller
31-218-07
1 A bill to be entitled
2 An act relating to screening for communicable
3 diseases; providing legislative findings;
4 amending s. 384.287, F.S.; providing that
5 certain specified officers who have been
6 significantly exposed to a person in the line
7 of duty may demand that the person, without
8 need for a court order, be screened for HIV,
9 AIDS, hepatitis B, or hepatitis C; detailing
10 the criteria for screening to take place;
11 providing that if the officer elects to demand
12 that a person be screened, the officer must
13 agree to be screened for the same communicable
14 diseases for which that person is being
15 screened; providing an effective date.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. The Legislature finds that communicable
20 diseases pose a major threat to the health and safety of the
21 public and particularly to the health and safety of law
22 enforcement officers, firefighters, paramedics, and others who
23 come into contact with infected persons during the normal
24 course of their assigned responsibilities and duties. The
25 Legislature finds that, to date, these public servants have
26 not been adequately protected by law. The purpose of this act
27 is to require the testing of certain persons for communicable
28 diseases in order to ensure that law enforcement officers,
29 firefighters, paramedics, and others are not placed at risk
30 when performing their official duties.
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Florida Senate - 2007 SB 164
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1 Section 2. Subsection (7) is added to section 384.287,
2 Florida Statutes, to read:
3 384.287 Screening for sexually transmissible
4 disease.--
5 (7)(a) Notwithstanding the procedures set forth in
6 subsection (1), an officer described in subsection (1) who
7 comes into contact with a person in such a way that
8 significant exposure, as defined in s. 381.004, has occurred
9 may demand that the person, without need for a court order, be
10 screened for HIV, AIDS, hepatitis B, or hepatitis C.
11 (b)1. In order for the officer to make a demand for
12 screening under this subsection the person to be screened must
13 have used physical force to resist arrest, have interfered
14 when the officer was arresting another person, or be charged
15 with battery of a law enforcement officer under s. 784.07; and
16 2. The officer must make a demand for the screening
17 within 72 hours after the significant exposure.
18 (c) If the officer elects to demand that a person be
19 screened, the officer subjected to the significant exposure
20 must agree to be screened for the same communicable diseases
21 for which that person is being screened under paragraph (a).
22 (d) All blood screenings conducted under this
23 subsection must be conducted by the department or the
24 department's authorized representative or by medical personnel
25 at a facility designated by the department. All other
26 provisions of this section apply to a screening conducted
27 under this subsection.
28 Section 3. This act shall take effect July 1, 2007.
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Florida Senate - 2007 SB 164
31-218-07
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2 SENATE SUMMARY
3 Provides that certain specified officers who have been
significantly exposed to a person in the line of duty may
4 demand that the person, without need for a court order,
be screened for HIV, AIDS, hepatitis B, or hepatitis C.
5 Details criteria for the screening to take place.
Provides that if the officer elects to demand that a
6 person be screened, the officer must agree to be screened
for the same communicable diseases for which that person
7 is being screened.
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