1

A bill to be entitled

2

An act relating to human immunodeficiency virus and

3

acquired immune deficiency syndrome educational

4

requirements; amending s. 381.0035, F.S.; revising

5

requirements relating to educational courses on HIV and

6

AIDS for certain employees and clients of specified

7

licensed health care facilities; specifying applicability;

8

amending s. 400.506, F.S.; revising requirements with

9

respect to educational courses on HIV and AIDS for nurse

10

registries; providing an effective date.

11

12

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

13

14

     Section 1.  Section 381.0035, Florida Statutes, is amended

15

to read:

16

     381.0035  Educational course on HIV and AIDS; employees and

17

clients of certain health care facilities.--

18

     (1)  The Department of Health shall require all employees

19

and clients of facilities licensed under chapter chapters 393,

20

chapter 394, or chapter and 397 and employees of facilities

21

licensed under chapter 395, part parts II, part III, or part and

22

IV of chapter 400, or and part I of chapter 429 to complete,

23

biennially, a one-time continuing educational course on the modes

24

of transmission, infection control procedures, clinical

25

management, and prevention of human immunodeficiency virus and

26

acquired immune deficiency syndrome with an emphasis on

27

appropriate behavior and attitude change. Such instruction shall

28

include information on current Florida law and its impact on

29

testing, confidentiality of test results, and treatment of

30

patients and any protocols and procedures applicable to human

31

immunodeficiency counseling and testing, reporting, the offering

32

of HIV testing to pregnant women, and partner notification issues

33

pursuant to ss. 381.004 and 384.25.

34

     (2) New employees shall be required to complete or provide

35

proof that they have completed a course on human immunodeficiency

36

virus and acquired immune deficiency syndrome, with instruction

37

to include information on current Florida law and its impact on

38

testing, confidentiality of test results, and treatment of

39

patients. A certificate shall be issued to a new employee upon

40

completing training on human immunodeficiency virus and acquired

41

immune deficiency syndrome. The certificate shall be evidence of

42

completion of training, and the employee is not required to

43

repeat training in that topic upon changing employment to a

44

different facility licensed under chapter 393, chapter 394,

45

chapter 395, or chapter 397, part II, part III, or part IV of

46

chapter 400, or part I of chapter 429.

47

     (3) Facilities licensed under chapter chapters 393, chapter

48

394, chapter 395, or chapter and 397, part parts II, part III, or

49

part and IV of chapter 400, or and part I of chapter 429 shall

50

maintain a record of employees and dates of attendance at human

51

immunodeficiency virus and acquired immune deficiency syndrome

52

educational courses.

53

     (4)  The department shall have the authority to review the

54

records of each facility to determine compliance with the

55

requirements of this section. The department may adopt rules to

56

carry out the provisions of this section.

57

     (5) This section does not apply to an employee who is

58

licensed or certified under chapter 458, chapter 459, chapter

59

461, part I of chapter 464, part II of chapter 468, or chapter

60

486. However, the employee must comply with the human

61

immunodeficiency virus and acquired immune deficiency syndrome

62

educational requirements for the employee's profession.

63

     Section 2.  Paragraph (e) is added to subsection (8) of

64

section 400.506, Florida Statutes, to read:

65

     400.506  Licensure of nurse registries; requirements;

66

penalties.--

67

     (8)  Each nurse registry must require every applicant for

68

contract to complete an application form providing the following

69

information:

70

     (e) Proof of completion of a continuing educational course

71

on modes of transmission, infection control procedures, clinical

72

management, and prevention of human immunodeficiency virus and

73

acquired immune deficiency syndrome with an emphasis on

74

appropriate behavior and attitude change. Such instruction shall

75

include information on current Florida law and its effect on

76

testing, confidentiality of test results, and treatment of

77

patients and any protocols and procedures applicable to human

78

immunodeficiency counseling and testing, reporting, offering HIV

79

testing to pregnant women, and partner notification issues

80

pursuant to ss. 381.004 and 384.25.

81

     Section 3.  This act shall take effect July 1, 2008.