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An act relating to human immunodeficiency virus and

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acquired immune deficiency syndrome educational

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

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requirements relating to educational courses on HIV and

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AIDS for certain employees and clients of specified

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licensed health care facilities; specifying applicability;

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

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respect to educational courses on HIV and AIDS for nurse

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registries; providing an effective date.

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

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     Section 1.  Section 381.0035, Florida Statutes, is amended

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to read:

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     381.0035  Educational course on HIV and AIDS; employees and

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clients of certain health care facilities.--

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     (1)  The Department of Health shall require all employees

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and clients of facilities licensed under chapter chapters 393,

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chapter 394, or chapter and 397 and employees of facilities

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

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

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

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of transmission, infection control procedures, clinical

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management, and prevention of human immunodeficiency virus and

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acquired immune deficiency syndrome with an emphasis on

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appropriate behavior and attitude change. Such instruction shall

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include information on current Florida law and its impact on

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testing, confidentiality of test results, and treatment of

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patients and any protocols and procedures applicable to human

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immunodeficiency counseling and testing, reporting, the offering

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of HIV testing to pregnant women, and partner notification issues

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pursuant to ss. 381.004 and 384.25. An employee who has completed

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the educational course required in this subsection is not

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required to repeat the course upon changing employment to a

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different facility licensed under chapter 393, chapter 394,

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

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chapter 400, or part I of chapter 429.

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     (2) New employees shall be required to complete a course on

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human immunodeficiency virus and acquired immune deficiency

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syndrome, with instruction to include information on current

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Florida law and its impact on testing, confidentiality of test

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results, and treatment of patients.

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     (2)(3) Facilities licensed under chapter chapters 393,

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

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

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shall maintain a record of employees and dates of attendance at

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human immunodeficiency virus and acquired immune deficiency

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syndrome educational courses.

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

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the records of each facility to determine compliance with the

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requirements of this section. The department may adopt rules to

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carry out the provisions of this section.

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

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subject to the requirements of s. 456.033.

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

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section 400.506, Florida Statutes, to read:

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     400.506  Licensure of nurse registries; requirements;

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penalties.--

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     (8)  Each nurse registry must require every applicant for

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contract to complete an application form providing the following

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information:

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     (e) Proof of completion of a continuing educational course

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on modes of transmission, infection control procedures, clinical

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management, and prevention of human immunodeficiency virus and

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acquired immune deficiency syndrome with an emphasis on

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appropriate behavior and attitude change. Such instruction shall

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include information on current Florida law and its effect on

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testing, confidentiality of test results, and treatment of

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patients and any protocols and procedures applicable to human

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immunodeficiency virus counseling and testing, reporting,

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offering HIV testing to pregnant women, and partner notification

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issues pursuant to ss. 381.004 and 384.25.

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