1

The Committee on Health and Human Services Appropriations

2

(Peaden) recommended the following amendment:

3

4

     Senate Amendment

5

     Delete line(s) 116-148

6

and insert:

7

     (a) In any case in which a law enforcement officer;

8

employee of an emergency medical transport service, private

9

transport company contracting with the county, or mobile crisis

10

response service; or other designated agent of the county,

11

department, or the court comes into contact with or is exposed to

12

body fluids, to which universal precautions apply as outlined in

13

s. 381.004(2)(c), of a person being taken into custody for the

14

purpose of delivering him or her to a receiving or treatment

15

facility, hospital, community mental health center, or other

16

facility authorized to provide mental health evaluations or

17

services pursuant to this chapter, the law enforcement officer,

18

employee, or agent may seek a court order directing that the

19

person who is the source of the significant exposure undergo HIV

20

testing. A sworn statement by the law enforcement officer,

21

employee, or agent that a significant exposure has occurred

22

constitutes probable cause for the issuance of the order by the

23

court. The order shall direct the person to undergo HIV testing

24

within 48 hours after the issuance of the court order.

25

     1. The testing shall be performed in accordance with s.

26

381.004.

27

     2. The results of the test shall be disclosed to the law

28

enforcement officer, employee, or agent no later than 2 weeks

29

after the court receives the results.

30

     3. The results of the test are not admissible in any

31

subsequent court proceeding involving the person being

32

transported.

33

     (b) A law enforcement officer; employee of an emergency

34

medical transport service, private transport company contracting

35

with the county, or mobile crisis response service; or other

36

designated agent of the county, department, or the court who

37

comes into contact with or is exposed to body fluids, to which

38

universal precautions apply as outlined in s. 381.004(2)(c), of a

39

person being transported pursuant to this section and who

40

requests HIV testing may obtain such test from his or her

41

respective county health department at no cost.

4/21/2008  8:53:00 AM     603-08098-08