Florida Senate - 2009                                     SB 186
       
       
       
       By Senator Wilson
       
       
       
       
       33-00071-09                                            2009186__
    1                        A bill to be entitled                      
    2         An act relating to HIV testing in the state
    3         correctional system; creating s. 945.351, F.S.;
    4         defining the term “HIV test”; requiring the Department
    5         of Corrections to perform an HIV test upon inmates
    6         upon entry into prison; requiring the department to
    7         record the results of an inmate's HIV test in his or
    8         her medical record; requiring an HIV-positive inmate
    9         to participate in an education program regarding HIV;
   10         providing that the state and its agencies,
   11         subdivisions, and employees are not liable for the
   12         death or personal injury of an inmate arising from
   13         compliance with the act; providing an effective date.
   14         
   15  Be It Enacted by the Legislature of the State of Florida:
   16         
   17         Section 1. Section 945.351, Florida Statutes, is created to
   18  read:
   19         945.351 HIV testing of inmates upon entry into prison.—
   20         (1) As used in this section, the term “HIV test” means a
   21  test to determine the presence of the antibody or antigen to
   22  human immunodeficiency virus or the presence of human
   23  immunodeficiency virus infection.
   24         (2) If an inmate's HIV status is unknown to the department,
   25  the department shall, pursuant to s. 381.004(3), perform an HIV
   26  test on the inmate within 14 days after the inmate enters
   27  prison. An inmate who is known to the department to be HIV
   28  positive or who has been tested within the previous year and
   29  does not request retesting need not be tested under this section
   30  but is subject to s. 945.35(1).
   31         (3) The department shall record the results of the HIV test
   32  in the inmate's medical record.
   33         (4) Each inmate who is known to be HIV positive or who has
   34  received a positive HIV test result under this section shall
   35  participate in the department's education program under s.
   36  945.35(1). This program shall include, but need not be limited
   37  to, education concerning preventing the transmission of HIV to
   38  others and the importance of receiving followup care and
   39  treatment.
   40         (5) Notwithstanding any provision of law providing for a
   41  waiver of sovereign immunity, the state, its agencies, or
   42  subdivisions, or any employees of the state, its agencies, or
   43  subdivisions, are not liable to any person for negligently
   44  causing death or personal injury arising out of compliance with
   45  this section.
   46         Section 2. This act shall take effect upon becoming a law.