Senate Bill sb2306

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 2306

    By Senator Wilson





    33-196-07

  1                      A bill to be entitled

  2         An act relating to the testing of children for

  3         infectious diseases in certain juvenile

  4         detention facilities or juvenile assessment

  5         centers; creating s. 985.1351, F.S.; requiring

  6         each juvenile assessment center or juvenile

  7         detention facility to have a written procedure

  8         regarding the testing of juveniles for

  9         infectious diseases; requiring the Department

10         of Juvenile Justice to designate certain

11         counties, if approved by the county's governing

12         body, to participate in a program to test each

13         juvenile for HIV who is referred to or who is

14         under the supervision of the department;

15         requiring certain juvenile assessment centers

16         or juvenile detention facilities to comply by

17         certain requirements regarding the release of

18         juveniles who are HIV positive; requiring the

19         disclosure of a certain juveniles' HIV tests

20         under certain circumstances; providing that any

21         serologic blood test results of a juvenile is

22         part of the juvenile's permanent medical file;

23         providing sovereign immunity to certain state

24         agencies or employees for negligently causing

25         death or personal injury for complying with the

26         act; amending s. 381.004, F.S.; providing that

27         informed consent is not required for an HIV

28         test of a juvenile which is performed during

29         the intake process at a juvenile assessment

30         center or juvenile detention facility;

31         providing an effective date.

                                  1

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






    Florida Senate - 2007                                  SB 2306
    33-196-07




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

 2  

 3         Section 1.  Section 985.1351, Florida Statutes, is

 4  created to read:

 5         985.1351  Blood test of a child referred to or under

 6  the supervision of the department.--

 7         (1)  Each juvenile assessment center or juvenile

 8  detention facility shall have a written procedure developed,

 9  in consultation with a facility medical provider, establishing

10  conditions under which a child who is referred to or under the

11  supervision of the department will be tested for infectious

12  diseases, including human immunodeficiency virus, which

13  procedure must be consistent with guidelines of the Centers

14  for Disease Control and Prevention and recommendations of the

15  Correctional Medical Authority. It is not unlawful for the

16  person receiving the test results to divulge the test results

17  to the child's parents, guardian, or legal custodian or to the

18  juvenile probation officer assigned to the child.

19         (2)(a)  The Department of Health shall designate two

20  counties having a population of 1.2 million or more and five

21  counties having a population of fewer than 1.2 million to

22  participate in the testing program provided in this

23  subsection, if participation in the testing program is

24  authorized by a majority of the county's governing body. Each

25  juvenile assessment center or juvenile detention facility that

26  lies within the authority of any participating county shall,

27  consistent with s. 381.004(3), perform an HIV test as defined

28  in s. 381.004(2) during the intake process on each child who

29  is referred to or is under the supervision of the department

30  unless the center or facility knows that the child is HIV

31  positive. The required test must be performed within 20 days

                                  2

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






    Florida Senate - 2007                                  SB 2306
    33-196-07




 1  after the intake date of the child. A test is not required

 2  under this paragraph if a child who is taken into custody is

 3  released within 10 days to his or her parent, guardian, legal

 4  custodian, or if the child's parent, guardian, or legal

 5  custodian is not available, unwilling, or unable to provide

 6  supervision for the child, to any responsible adult pursuant

 7  to s. 985.115(2)(a).

 8         (b)  Each juvenile assessment center or juvenile

 9  detention facility in a county that participates in the

10  testing program authorized in paragraph (a) must comply with

11  the requirements of this paragraph. If the assessment center

12  or detention facility knows that a child who is to be released

13  from the center or facility is HIV positive or has received a

14  positive HIV test result, that center or facility shall,

15  before the child is released:

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

17  Department of Health and the county health department in the

18  county where the child being released plans to reside of the

19  release date and HIV status of the child.

20         2.  Provide special transitional assistance to the

21  child and his or her parents, guardian, or legal custodian

22  which must include:

23         a.  Education on preventing the transmission of HIV to

24  others and on the importance of receiving followup medical

25  care and treatment.

26         b.  A written, individualized discharge plan that

27  includes records of all laboratory and diagnostic test

28  results, medication and treatment information, and referrals

29  to and contacts with the county health department and local

30  primary medical care services for the treatment of HIV

31  

                                  3

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






    Florida Senate - 2007                                  SB 2306
    33-196-07




 1  infection which are available in the area where the child

 2  plans to reside.

 3         (3)  Upon request of the victim or the victim's legal

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

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

 6  child who has been arrested for any sexual offense involving

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

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

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

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

11  cases, the juvenile assessment center or juvenile detention

12  facility shall furnish the test results to the Department of

13  Health, which shall disclose the results to public health

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

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

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

17  960.003(3).

18         (4)  The results of any serologic blood test of a child

19  are a part of that child's permanent medical file. Upon

20  transfer of the child to any other juvenile assessment center

21  or juvenile detention facility, such file shall also be

22  transferred, and all relevant authorized persons must be

23  notified of positive HIV test results as required in s.

24  775.0877.

25         (5)  Notwithstanding any law providing for a waiver of

26  sovereign immunity, the state, its agencies, or subdivisions,

27  and employees of the state, its agencies, or subdivisions, are

28  not liable to any person for negligently causing death or

29  personal injury arising out of complying with this section.

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

31  Statutes, is amended to read:

                                  4

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






    Florida Senate - 2007                                  SB 2306
    33-196-07




 1         381.004  HIV testing.--

 2         (3)  HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED

 3  CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--

 4         (a)  A No person in this state may not shall order a

 5  test designed to identify the human immunodeficiency virus, or

 6  its antigen or antibody, without first obtaining the informed

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

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

 9  be preceded by an explanation of the right to confidential

10  treatment of information identifying the subject of the test

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

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

13  HIV test result will be reported to the county health

14  department with sufficient information to identify the test

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

16  anonymous testing is performed. As required in paragraph

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

18  sites at which anonymous testing is performed, including the

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

20  Consent need not be in writing provided there is documentation

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

22  consent has been obtained.

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

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

25  authorized by law when the person:

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

27  unable to make an informed judgment; or

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

29  provided in s. 384.30.

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

31  designee shall ensure that all reasonable efforts are made to

                                  5

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






    Florida Senate - 2007                                  SB 2306
    33-196-07




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

 2  Notification of a person with a positive test result shall

 3  include information on the availability of appropriate medical

 4  and support services, on the importance of notifying partners

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

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

 7  shall include, as appropriate, information on preventing the

 8  transmission of HIV. When testing occurs in a hospital

 9  emergency department, detention facility, or other facility

10  and the test subject has been released before being notified

11  of positive test results, informing the county health

12  department for that department to notify the test subject

13  fulfills this responsibility.

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

15  revealed to any person except in the following situations:

16         1.  Preliminary test results may be released to

17  licensed physicians or the medical or nonmedical personnel

18  subject to the significant exposure for purposes of

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

20         2.  Preliminary test results may be released to health

21  care providers and to the person tested when decisions about

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

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

24  when care, treatment, or recommendations regarding her

25  newborn, cannot await the results of confirmatory testing.

26  Positive preliminary HIV test results may not be characterized

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

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

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

30  test.

31  

                                  6

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






    Florida Senate - 2007                                  SB 2306
    33-196-07




 1         3.  The results of rapid testing technologies shall be

 2  considered preliminary and may be released in accordance with

 3  the manufacturer's instructions as approved by the federal

 4  Food and Drug Administration.

 5         4.  Corroborating or confirmatory testing must be

 6  conducted as followup to a positive preliminary test.  Results

 7  shall be communicated to the patient according to statute

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

 9  test results are confidential and exempt from the provisions

10  of s. 119.07(1).

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

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

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

14  119.07(1). A No person who has obtained or has knowledge of a

15  test result pursuant to this section may not disclose or be

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

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

18  that which permits identification of the subject of the test,

19  except to the following persons:

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

21  authorized representative.

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

23  designated in a legally effective release of the test results

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

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

26  subject may in writing authorize the disclosure of the test

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

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

29  test subject subsequently issues a general release of medical

30  information.  A general release without such prior written

31  authorization is not sufficient to release HIV test results.

                                  7

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






    Florida Senate - 2007                                  SB 2306
    33-196-07




 1         3.  An authorized agent or employee of a health

 2  facility or health care provider if the health facility or

 3  health care provider itself is authorized to obtain the test

 4  results, the agent or employee participates in the

 5  administration or provision of patient care or handles or

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

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

 8  department shall adopt a rule defining which persons have a

 9  need to know pursuant to this subparagraph.

10         4.  Health care providers consulting between themselves

11  or with health care facilities to determine diagnosis and

12  treatment. For purposes of this subparagraph, health care

13  providers shall include licensed health care professionals

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

15  detention facilities when such health care professionals are

16  acting exclusively for the purpose of providing diagnoses or

17  treatment of persons in the custody of such facilities.

18         5.  The department, in accordance with rules for

19  reporting and controlling the spread of disease, as otherwise

20  provided by state law.

21         6.  A health facility or health care provider which

22  procures, processes, distributes, or uses:

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

24  respect to medical information regarding that person; or

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

26  purpose of artificial insemination.

27         7.  Health facility staff committees, for the purposes

28  of conducting program monitoring, program evaluation, or

29  service reviews pursuant to chapters 395 and 766.

30  

31  

                                  8

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






    Florida Senate - 2007                                  SB 2306
    33-196-07




 1         8.  Authorized medical or epidemiological researchers

 2  who may not further disclose any identifying characteristics

 3  or information.

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

 5  issued in compliance with the following provisions:

 6         a.  A No court of this state may not shall issue such

 7  order unless the court finds that the person seeking the test

 8  results has demonstrated a compelling need for the test

 9  results which cannot be accommodated by other means.  In

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

11  disclosure against the privacy interest of the test subject

12  and the public interest which may be disserved by disclosure

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

14  immunodeficiency virus-related testing or which may lead to

15  discrimination.  This paragraph shall not apply to blood bank

16  donor records.

17         b.  Pleadings pertaining to disclosure of test results

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

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

20  true name shall be communicated confidentially in documents

21  not filed with the court.

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

23  provide the individual whose test result is in question with

24  notice and a reasonable opportunity to participate in the

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

26         d.  Court proceedings as to disclosure of test results

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

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

29  determines that a public hearing is necessary to the public

30  interest and the proper administration of justice.

31  

                                  9

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






    Florida Senate - 2007                                  SB 2306
    33-196-07




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

 2  results, the court shall impose appropriate safeguards against

 3  unauthorized disclosure which shall specify the persons who

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

 5  information shall be used, and appropriate prohibitions on

 6  future disclosure.

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

 8  compensation claims of the Division of Administrative

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

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

11  results has demonstrated a compelling need for the test

12  results which cannot be accommodated by other means.

13         11.  Those employees of the department or of

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

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

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

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

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

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

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

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

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

23  shall adopt a rule to implement this subparagraph.

24         12.  Those employees of residential facilities or of

25  community-based care programs that care for developmentally

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

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

28  and who have a need to know such information.

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

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

31  medical record.

                                  10

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






    Florida Senate - 2007                                  SB 2306
    33-196-07




 1         14.  Medical personnel or nonmedical personnel who have

 2  been subject to a significant exposure during the course of

 3  medical practice or in the performance of professional duties,

 4  or individuals who are the subject of the significant exposure

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

 6         15.  The medical examiner shall disclose positive HIV

 7  test results to the department in accordance with rules for

 8  reporting and controlling the spread of disease.

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

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

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

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

13  may disclose the test results to another person except as

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

15  Whenever disclosure is made pursuant to this subsection, it

16  shall be accompanied by a statement in writing which includes

17  the following or substantially similar language: "This

18  information has been disclosed to you from records whose

19  confidentiality is protected by state law.  State law

20  prohibits you from making any further disclosure of such

21  information without the specific written consent of the person

22  to whom such information pertains, or as otherwise permitted

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

24  medical or other information is NOT sufficient for this

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

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

27  that this notice shall not be required for disclosures made

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

29         (g)  Human immunodeficiency virus test results

30  contained in the medical records of a hospital licensed under

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

                                  11

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






    Florida Senate - 2007                                  SB 2306
    33-196-07




 1  without being subject to the requirements of subparagraph

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

 3  hospital has obtained written informed consent for the HIV

 4  test in accordance with provisions of this section.

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

 6  informed consent is not required:

 7         1.  When testing for sexually transmissible diseases is

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

 9  following situations:

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

11  convicted of prostitution or of procuring another to commit

12  prostitution.

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

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

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

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

17  with s. 406.11.

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

19  384.31.

20         e.  HIV testing of children who are referred to or who

21  are under the supervision of the Department of Juvenile

22  Justice under s. 985.1351 during the intake process at a

23  juvenile assessment center or juvenile detention facility.

24         2.  Those exceptions provided for blood, plasma,

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

26  381.0041.

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

28  licensed medical personnel in bona fide medical emergencies

29  when the test results are necessary for medical diagnostic

30  purposes to provide appropriate emergency care or treatment to

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

                                  12

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






    Florida Senate - 2007                                  SB 2306
    33-196-07




 1  as supported by documentation in the medical record.

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

 3  is required.

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

 5  licensed medical personnel for medical diagnosis of acute

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

 7  obtaining informed consent would be detrimental to the

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

 9  and the test results are necessary for medical diagnostic

10  purposes to provide appropriate care or treatment to the

11  person being tested. Notification of test results in

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

13  detrimental to the patient.  This subparagraph does not

14  authorize the routine testing of patients for HIV infection

15  without informed consent.

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

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

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

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

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

21  defendant voluntarily, pursuant to court order for any

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

23  951.27, or s. 960.003; however, the results of any HIV test

24  performed shall be disclosed solely to the victim and the

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

26  960.003.

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

28         8.  For epidemiological research pursuant to s.

29  381.0032, for research consistent with institutional review

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

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

                                  13

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






    Florida Senate - 2007                                  SB 2306
    33-196-07




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

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

 3  researcher.

 4         9.  When human tissue is collected lawfully without the

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

 6  765.5185 or enucleation of the eyes as authorized by s.

 7  765.519.

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

 9  individual who comes into contact with medical personnel in

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

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

12  a blood sample is available that was taken from that

13  individual voluntarily by medical personnel for other

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

15  certified health care professional; an employee of a health

16  care professional or health care facility; employees of a

17  laboratory licensed under chapter 483; personnel of a blood

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

19  is receiving training as a health care professional at a

20  health care facility; and a paramedic or emergency medical

21  technician certified by the department to perform life-support

22  procedures under s. 401.23.

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

24  voluntarily obtained blood sample, the individual from whom

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

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

27  The individual's refusal to consent and all information

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

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

30  record unless the individual gives written consent to entering

31  this information on the individual's medical record.

                                  14

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






    Florida Senate - 2007                                  SB 2306
    33-196-07




 1         b.  Reasonable attempts to locate the individual and to

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

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

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

 5  does not voluntarily consent to the performance of an HIV

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

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

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

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

10  the medical personnel, that there has been a significant

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

12  information is medically necessary to determine the course of

13  treatment for the medical personnel.

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

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

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

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

18  testing or treatment not directly related to the initial HIV

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

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

21  personnel.

22         d.  In order to utilize the provisions of this

23  subparagraph, the medical personnel must either be tested for

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

25  test taken within 6 months prior to the significant exposure

26  if such test results are negative.

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

28  pursuant to this subparagraph shall maintain the

29  confidentiality of the information received and of the persons

30  tested.  Such confidential information is exempt from s.

31  119.07(1).

                                  15

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






    Florida Senate - 2007                                  SB 2306
    33-196-07




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

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

 3  medical personnel or the employer of such person acting on

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

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

 6  statement by a physician licensed under chapter 458 or chapter

 7  459 that a significant exposure has occurred and that, in the

 8  physician's medical judgment, testing is medically necessary

 9  to determine the course of treatment constitutes probable

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

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

12  and to the person who experienced the exposure.

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

14  individual who comes into contact with medical personnel in

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

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

17  medical personnel while the medical personnel provides

18  emergency medical treatment to the individual; or who comes

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

20  significant exposure has occurred while the nonmedical

21  personnel provides emergency medical assistance during a

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

23  medical emergency means an emergency medical condition outside

24  of a hospital or health care facility that provides physician

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

26  treatment for the medical emergency.

27         a.  An individual who is capable of providing consent

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

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

30  information concerning the performance of an HIV test and its

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

                                  16

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






    Florida Senate - 2007                                  SB 2306
    33-196-07




 1  record unless the individual gives written consent to entering

 2  this information on the individual's medical record.

 3         b.  HIV testing shall be conducted only after a

 4  licensed physician documents, in the medical record of the

 5  medical personnel or nonmedical personnel, that there has been

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

 7  judgment, the information is medically necessary to determine

 8  the course of treatment for the medical personnel or

 9  nonmedical personnel.

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

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

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

13  medical personnel or nonmedical personnel. However, costs of

14  testing or treatment not directly related to the initial HIV

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

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

17  personnel or nonmedical personnel.

18         d.  In order to utilize the provisions of this

19  subparagraph, the medical personnel or nonmedical personnel

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

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

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

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

24  pursuant to this subparagraph shall maintain the

25  confidentiality of the information received and of the persons

26  tested.  Such confidential information is exempt from s.

27  119.07(1).

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

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

30  during treatment for the medical emergency, the medical

31  personnel, the employer of the medical personnel acting on

                                  17

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






    Florida Senate - 2007                                  SB 2306
    33-196-07




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

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

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

 4  chapter 458 or chapter 459 that a significant exposure has

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

 6  testing is medically necessary to determine the course of

 7  treatment constitutes probable cause for the issuance of an

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

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

10  experienced the exposure.

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

12  examiner or attending physician upon an individual who expired

13  or could not be resuscitated while receiving emergency medical

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

15  exposure to medical or nonmedical personnel providing such

16  assistance or care.

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

18  physician documents in the medical record of the medical

19  personnel or nonmedical personnel that there has been a

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

21  judgment, the information is medically necessary to determine

22  the course of treatment for the medical personnel or

23  nonmedical personnel.

24         b.  Costs of any HIV test performed under this

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

26  family of the deceased person.

27         c.  For the provisions of this subparagraph to be

28  applicable, the medical personnel or nonmedical personnel must

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

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

31  significant exposure if such test results are negative.

                                  18

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






    Florida Senate - 2007                                  SB 2306
    33-196-07




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

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

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

 4  medically indicated by licensed medical personnel for medical

 5  diagnosis of a hospitalized infant as necessary to provide

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

 7  reasonable attempt, a parent cannot be contacted to provide

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

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

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

11  located.

12         14.  For the performance of HIV testing conducted to

13  monitor the clinical progress of a patient previously

14  diagnosed to be HIV positive.

15         15.  For the performance of repeated HIV testing

16  conducted to monitor possible conversion from a significant

17  exposure.

18         Section 3.  This act shall take effect July 1, 2007.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Requires each juvenile assessment center or juvenile
      detention facility to have a written procedure regarding
23    the testing of juveniles for infectious diseases.
      Requires the Department of Juvenile Justice to designate
24    certain counties, if approved by the county's governing
      body, to participate in a program to perform an HIV test
25    on each juvenile who is referred to or is under the
      supervision of the department. Requires certain juvenile
26    assessment centers or juvenile detention facilities to
      comply with certain requirements regarding the release of
27    juveniles who are HIV positive. Requires the disclosure
      of certain juveniles' HIV tests under certain
28    circumstances. Provides that any serologic blood test
      results of a juvenile is part of the juvenile's permanent
29    medical file. Provides sovereign immunity to certain
      state agencies or employees for negligently causing death
30    or personal injury for complying with the act. Provides
      that informed consent is not required for an HIV test of
31    a juvenile during the intake process at a juvenile
      assessment center or juvenile detention facility.
                                  19

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