Florida Senate - 2009                                     SB 938
       
       
       
       By Senator Wilson
       
       
       
       
       33-00677-09                                            2009938__
    1                        A bill to be entitled                      
    2         An act relating to HIV testing; creating s. 384.311,
    3         F.S.; requiring HIV testing to be offered as a routine
    4         part of a patient's annual physical examination;
    5         requiring a health care provider to provide the
    6         patient with certain information concerning HIV
    7         testing; providing definitions; requiring the
    8         Department of Health to adopt rules; providing an
    9         effective date.
   10         
   11  Be It Enacted by the Legislature of the State of Florida:
   12         
   13         Section 1. Section 384.311, Florida Statutes, is created to
   14  read:
   15         384.311 HIV testing as a routine part of an annual physical
   16  exam; duty of health care provider.—
   17         (1) Every health care provider, including every physician
   18  licensed under chapter 458 or chapter 459, shall offer an HIV
   19  test as a routine part of an annual physical examination of a
   20  patient as specified by department rule. Testing shall be
   21  performed by a laboratory approved for such purposes under part
   22  I of chapter 483.
   23         (2) A health care provider shall inform the patient that
   24  the HIV test is planned, provide information about the test, and
   25  inform the patient that there are numerous treatment options
   26  available for a patient who tests positive for the presence of
   27  the antibody or antigen to the human immunodeficiency virus. The
   28  health care provider shall also inform the patient that a person
   29  who tests negative should continue to be routinely tested. The
   30  health care provider shall advise the patient that he or she has
   31  the right to decline the test. If the patient objects to
   32  testing, a written statement of objection, signed by the
   33  patient, shall be placed in the patient's medical record.
   34         (3) As used in this section, the term:
   35         (a) “Health care provider” means a person who is licensed
   36  in this state and who, as part of his or her scope of practice,
   37  performs physical examinations and orders, performs, or
   38  administers HIV testing.
   39         (b) “HIV test” means a test ordered to determine the
   40  presence of the antibody or antigen to human immunodeficiency
   41  virus or the presence of human immunodeficiency virus infection.
   42         (4) The department shall adopt rules to administer this
   43  section.
   44         Section 2. This act shall take effect July 1, 2009.