CODING: Words stricken are deletions; words underlined are additions.
                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 714
    Amendment No.    
                            CHAMBER ACTION
              Senate                               House
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11  Senator Myers moved the following amendment:
12
13         Senate Amendment (with title amendment) 
14         On page 5, line 31,
15
16  insert:
17         Section 1.  Subsection (1) of section 381.0035, Florida
18  Statutes, is amended to read:
19         381.0035  Educational course on human immunodeficiency
20  virus and acquired immune deficiency syndrome; employees and
21  clients of certain health care facilities.--
22         (1)  The Department of Health shall require all
23  employees and clients of facilities licensed under chapters
24  393, 394, and 397 and employees of facilities licensed under
25  chapter 395 and parts II, III, IV, and VI of chapter 400 to
26  complete, biennially, a continuing educational course on the
27  modes of transmission, infection control procedures, clinical
28  management, and prevention of human immunodeficiency virus and
29  acquired immune deficiency syndrome with an emphasis on
30  appropriate behavior and attitude change. Such instruction
31  shall include information on current Florida law and its
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 714
    Amendment No.    
 1  impact on testing, confidentiality of test results, and
 2  treatment of patients and any protocols and procedures
 3  applicable to human immunodeficiency counseling and testing,
 4  reporting, the offering of HIV testing to pregnant women, and
 5  partner notification issues pursuant to ss. 381.004 and
 6  384.25.
 7         Section 2.  Subsections (2), (3), (4), (5), and (8) of
 8  section 381.004, Florida Statutes, are amended, and subsection
 9  (6) of that section is reenacted, to read:
10         381.004  Testing for human immunodeficiency virus.--
11         (2)  DEFINITIONS.--As used in this section:
12         (a)  "HIV test" means a test ordered after July 6,
13  1988, to determine the presence of the antibody or antigen to
14  human immunodeficiency virus or the presence of human
15  immunodeficiency virus infection.
16         (b)  "HIV test result" means a laboratory report of a
17  human immunodeficiency virus test result entered into a
18  medical record on or after July 6, 1988, or any report or
19  notation in a medical record of a laboratory report of a human
20  immunodeficiency virus test.  As used in this section, the
21  term "HIV test result" does not include test results reported
22  to a health care provider by a patient.
23         (c)  "Significant exposure" means:
24         1.  Exposure to blood or body fluids through
25  needlestick, instruments, or sharps;
26         2.  Exposure of mucous membranes to visible blood or
27  body fluids, to which universal precautions apply according to
28  the National Centers for Disease Control and Prevention,
29  including, without limitations, the following body fluids:
30         a.  Blood.
31         b.  Semen.
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 714
    Amendment No.    
 1         c.  Vaginal secretions.
 2         d.  Cerebro-spinal fluid (CSF).
 3         e.  Synovial fluid.
 4         f.  Pleural fluid.
 5         g.  Peritoneal fluid.
 6         h.  Pericardial fluid.
 7         i.  Amniotic fluid.
 8         j.  Laboratory specimens that contain HIV (e.g.,
 9  suspensions of concentrated virus); or
10         3.  Exposure of skin to visible blood or body fluids,
11  especially when the exposed skin is chapped, abraded, or
12  afflicted with dermatitis or the contact is prolonged or
13  involving an extensive area.
14         (d)  "Preliminary HIV test" means an antibody screening
15  test, such as the enzyme-linked immunosorbent assays (ELISAs)
16  or the Single-Use Diagnostic System (SUDS).
17         (e)(d)  "Test subject" or "subject of the test" means
18  the person upon whom an HIV test is performed, or the person
19  who has legal authority to make health care decisions for the
20  test subject.
21         (3)  HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED
22  CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.--
23         (a)  No person in this state shall order perform a test
24  designed to identify the human immunodeficiency virus, or its
25  antigen or antibody, without first obtaining the informed
26  consent of the person upon whom the test is being performed,
27  except as specified in paragraph (i).  Informed consent shall
28  be preceded by an explanation of the right to confidential
29  treatment of information identifying the subject of the test
30  and the results of the test to the extent provided by law.
31  Information shall also be provided on the fact that a positive
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 714
    Amendment No.    
 1  HIV test result will be reported to the county health
 2  department with sufficient information to identify the test
 3  subject and on the availability and location of sites at which
 4  anonymous testing is performed.  As required in paragraph
 5  (4)(c), each county health department shall maintain a list of
 6  sites at which anonymous testing is performed, including the
 7  locations, phone numbers, and hours of operation of the sites.
 8  Consent need not be in writing provided there is documentation
 9  in the medical record that the test has been explained and the
10  consent has been obtained.
11         (b)  Except as provided in paragraph (i), informed
12  consent must be obtained from a legal guardian or other person
13  authorized by law when the person:
14         1.  Is not competent, is incapacitated, or is otherwise
15  unable to make an informed judgment; or
16         2.  Has not reached the age of majority, except as
17  provided in s. 384.30.
18         (c)  The person ordering the test or that person's
19  designee shall ensure that all reasonable efforts are made to
20  notify the test subject of his or her test result.
21  Notification of a person with a positive test result shall
22  include information on the availability of appropriate medical
23  and support services, on the importance of notifying partners
24  who may have been exposed, and on preventing transmission of
25  HIV. Notification of a person with a negative test result
26  shall include, as appropriate, information on preventing the
27  transmission of HIV. When testing occurs in a hospital
28  emergency department, detention facility, or other facility
29  and the test subject has been released before being notified
30  of positive test results, informing the county health
31  department for that department to notify the test subject
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 714
    Amendment No.    
 1  fulfills this responsibility. No person shall order a test
 2  without making available to the person tested, prior to the
 3  test, information regarding measures for the prevention of,
 4  exposure to, and transmission of human immunodeficiency virus.
 5  At the time an HIV test is ordered, the person ordering the
 6  test shall schedule a return visit with the test subject for
 7  the purpose of disclosing the test results and conducting
 8  posttest counseling as described in paragraph (e).
 9         (d)  No test result shall be determined as positive,
10  and no positive test result shall be revealed to any person,
11  without corroborating or confirmatory tests being conducted
12  except in the following situations:.
13         1.  However, Preliminary test results may be released
14  to licensed physicians or the medical or nonmedical personnel
15  subject to the significant exposure for purposes of
16  subparagraphs (h)10., (i)10. and 11., and 12.
17         2.  Preliminary test results may be released to health
18  care providers and to the person tested when decisions about
19  medical care or treatment of the person tested cannot await
20  the results of confirmatory testing.  Positive preliminary HIV
21  test results shall not be characterized to the patient as a
22  diagnosis of HIV infection.  Justification for the use of
23  preliminary test results must be documented in the medical
24  record by the health care provider who ordered the test.  This
25  subparagraph does not authorize the release of preliminary
26  test results for the purpose of routine identification of
27  HIV-infected individuals or when HIV testing is incidental to
28  the preliminary diagnosis or care of a patient.  Corroborating
29  or confirmatory testing must be conducted as followup to a
30  positive preliminary test.  Results shall be communicated to
31  the patient according to statute regardless of the outcome.
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 714
    Amendment No.    
 1  Except as provided in this section, test results are
 2  confidential and exempt from the provisions of s. 119.07(1).
 3         (e)  Except as otherwise provided, no test result shall
 4  be revealed to the person upon whom the test was performed
 5  without affording that person the immediate opportunity for
 6  individual, face-to-face counseling about:
 7         1.  The meaning of the test results;
 8         2.  The possible need for additional testing;
 9         3.  Measures for the prevention of the transmission of
10  the human immunodeficiency virus infection;
11         4.  The availability in the geographic area of any
12  appropriate health care services, including mental health
13  care, and appropriate social and support services;
14         5.  The benefits of locating and counseling any
15  individual by whom the infected individual may have been
16  exposed to the human immunodeficiency virus infection and any
17  individual whom the infected individual may have exposed to
18  such human immunodeficiency virus infection; and
19         6.  The availability, if any, of the services of public
20  health authorities with respect to locating and counseling any
21  individual described in subparagraph 5.
22
23  Telephonic posttest counseling shall be permitted when
24  reporting the HIV test results of a home access HIV test that
25  is approved by the United States Food and Drug Administration
26  and analyzed by a laboratory certified under the federal
27  Clinical Laboratory Improvement Amendments of 1988 or licensed
28  under part I of chapter 483.
29         (e)(f)  Except as provided in this section, the
30  identity of any person upon whom a test has been performed and
31  test results are confidential and exempt from the provisions
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 714
    Amendment No.    
 1  of s. 119.07(1).  No person who has obtained or has knowledge
 2  of a test result pursuant to this section may disclose or be
 3  compelled to disclose the identity of any person upon whom a
 4  test is performed, or the results of such a test in a manner
 5  which permits identification of the subject of the test,
 6  except to the following persons:
 7         1.  The subject of the test or the subject's legally
 8  authorized representative.
 9         2.  Any person, including third-party payors,
10  designated in a legally effective release of the test results
11  executed prior to or after the test by the subject of the test
12  or the subject's legally authorized representative. The test
13  subject may in writing authorize the disclosure of the test
14  subject's HIV test results to third party payors, who need not
15  be specifically identified, and to other persons to whom the
16  test subject subsequently issues a general release of medical
17  information.  A general release without such prior written
18  authorization is not sufficient to release HIV test results.
19         3.  An authorized agent or employee of a health
20  facility or health care provider if the health facility or
21  health care provider itself is authorized to obtain the test
22  results, the agent or employee participates in the
23  administration or provision of patient care or handles or
24  processes specimens of body fluids or tissues, and the agent
25  or employee has a need to know such information.  The
26  department shall adopt a rule defining which persons have a
27  need to know pursuant to this subparagraph.
28         4.  Health care providers consulting between themselves
29  or with health care facilities to determine diagnosis and
30  treatment. For purposes of this subparagraph, health care
31  providers shall include licensed health care professionals
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 714
    Amendment No.    
 1  employed by or associated with state, county, or municipal
 2  detention facilities when such health care professionals are
 3  acting exclusively for the purpose of providing diagnoses or
 4  treatment of persons in the custody of such facilities.
 5         5.  The department, in accordance with rules for
 6  reporting and controlling the spread of disease, as otherwise
 7  provided by state law.
 8         6.  A health facility or health care provider which
 9  procures, processes, distributes, or uses:
10         a.  A human body part from a deceased person, with
11  respect to medical information regarding that person; or
12         b.  Semen provided prior to July 6, 1988, for the
13  purpose of artificial insemination.
14         7.  Health facility staff committees, for the purposes
15  of conducting program monitoring, program evaluation, or
16  service reviews pursuant to chapters 395 and 766.
17         8.  Authorized medical or epidemiological researchers
18  who may not further disclose any identifying characteristics
19  or information.
20         9.  A person allowed access by a court order which is
21  issued in compliance with the following provisions:
22         a.  No court of this state shall issue such order
23  unless the court finds that the person seeking the test
24  results has demonstrated a compelling need for the test
25  results which cannot be accommodated by other means.  In
26  assessing compelling need, the court shall weigh the need for
27  disclosure against the privacy interest of the test subject
28  and the public interest which may be disserved by disclosure
29  which deters blood, organ, and semen donation and future human
30  immunodeficiency virus-related testing or which may lead to
31  discrimination.  This paragraph shall not apply to blood bank
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 714
    Amendment No.    
 1  donor records.
 2         b.  Pleadings pertaining to disclosure of test results
 3  shall substitute a pseudonym for the true name of the subject
 4  of the test.  The disclosure to the parties of the subject's
 5  true name shall be communicated confidentially in documents
 6  not filed with the court.
 7         c.  Before granting any such order, the court shall
 8  provide the individual whose test result is in question with
 9  notice and a reasonable opportunity to participate in the
10  proceedings if he or she is not already a party.
11         d.  Court proceedings as to disclosure of test results
12  shall be conducted in camera, unless the subject of the test
13  agrees to a hearing in open court or unless the court
14  determines that a public hearing is necessary to the public
15  interest and the proper administration of justice.
16         e.  Upon the issuance of an order to disclose test
17  results, the court shall impose appropriate safeguards against
18  unauthorized disclosure which shall specify the persons who
19  may have access to the information, the purposes for which the
20  information shall be used, and appropriate prohibitions on
21  future disclosure.
22         10.  A person allowed access by order of a judge of
23  compensation claims of the Division of Workers' Compensation
24  of the Department of Labor and Employment Security.  A judge
25  of compensation claims shall not issue such order unless he or
26  she finds that the person seeking the test results has
27  demonstrated a compelling need for the test results which
28  cannot be accommodated by other means.
29         11.  Those employees of the department or of
30  child-placing or child-caring agencies or of family foster
31  homes, licensed pursuant to s. 409.175, who are directly
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 714
    Amendment No.    
 1  involved in the placement, care, control, or custody of such
 2  test subject and who have a need to know such information;
 3  adoptive parents of such test subject; or any adult custodian,
 4  any adult relative, or any person responsible for the child's
 5  welfare, if the test subject was not tested under subparagraph
 6  (b)2. and if a reasonable attempt has been made to locate and
 7  inform the legal guardian of a test result. The department
 8  shall adopt a rule to implement this subparagraph.
 9         12.  Those employees of residential facilities or of
10  community-based care programs that care for developmentally
11  disabled persons, pursuant to chapter 393, who are directly
12  involved in the care, control, or custody of such test subject
13  and who have a need to know such information.
14         13.  A health care provider involved in the delivery of
15  a child can note the mother's HIV test results in the child's
16  medical record.
17         14.12.  Medical personnel or nonmedical personnel who
18  have been subject to a significant exposure during the course
19  of medical practice or in the performance of professional
20  duties, or individuals who are the subject of the significant
21  exposure as provided in subparagraphs (h)10., (i)10. and 11.,
22  and 13.
23         15.  The medical examiner shall disclose positive HIV
24  test results to the department in accordance with rules for
25  reporting and controlling the spread of disease.
26         (f)(g)  Except as provided in this section, the
27  identity of a person upon whom a test has been performed is
28  confidential and exempt from the provisions of s. 119.07(1).
29  No person to whom the results of a test have been disclosed
30  may disclose the test results to another person except as
31  authorized by this subsection and by ss. 951.27 and 960.003.
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 714
    Amendment No.    
 1  Whenever disclosure is made pursuant to this subsection, it
 2  shall be accompanied by a statement in writing which includes
 3  the following or substantially similar language: "This
 4  information has been disclosed to you from records whose
 5  confidentiality is protected by state law.  State law
 6  prohibits you from making any further disclosure of such
 7  information without the specific written consent of the person
 8  to whom such information pertains, or as otherwise permitted
 9  by state law.  A general authorization for the release of
10  medical or other information is NOT sufficient for this
11  purpose." An oral disclosure shall be accompanied by oral
12  notice and followed by a written notice within 10 days, except
13  that this notice shall not be required for disclosures made
14  pursuant to subparagraphs (e)3. (f)3. and 4.
15         (g)(h)  Human immunodeficiency virus test results
16  contained in the medical records of a hospital licensed under
17  chapter 395 may be released in accordance with s. 395.3025
18  without being subject to the requirements of subparagraph
19  (e)2. (f)2., subparagraph (e)9. (f)9., or paragraph (f) (g);
20  provided the hospital has obtained written informed consent
21  for the HIV test in accordance with provisions of this
22  section.
23         (h)(i)  Notwithstanding the provisions of paragraph
24  (a), informed consent is not required:
25         1.  When testing for sexually transmissible diseases is
26  required by state or federal law, or by rule including the
27  following situations:
28         a.  HIV testing pursuant to s. 796.08 of persons
29  convicted of prostitution or of procuring another to commit
30  prostitution.
31         b.  Testing for HIV by a medical examiner in accordance
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 714
    Amendment No.    
 1  with s. 406.11.
 2         2.  Those exceptions provided for blood, plasma,
 3  organs, skin, semen, or other human tissue pursuant to s.
 4  381.0041.
 5         3.  For the performance of an HIV-related test by
 6  licensed medical personnel in bona fide medical emergencies
 7  when the test results are necessary for medical diagnostic
 8  purposes to provide appropriate emergency care or treatment to
 9  the person being tested and the patient is unable to consent,
10  as supported by documentation in the medical record.
11  Notification of test results in accordance with paragraph (c)
12  Posttest counseling is required.
13         4.  For the performance of an HIV-related test by
14  licensed medical personnel for medical diagnosis of acute
15  illness where, in the opinion of the attending physician,
16  obtaining informed consent would be detrimental to the
17  patient, as supported by documentation in the medical record,
18  and the test results are necessary for medical diagnostic
19  purposes to provide appropriate care or treatment to the
20  person being tested. Notification of test results in
21  accordance with paragraph (c) Posttest counseling is required
22  if it would not be detrimental to the patient.  This
23  subparagraph does not authorize the routine testing of
24  patients for HIV infection without informed consent.
25         5.  When HIV testing is performed as part of an autopsy
26  for which consent was obtained pursuant to s. 872.04.
27         6.  For the performance of an HIV test upon a defendant
28  pursuant to the victim's request in a prosecution for any type
29  of sexual battery where a blood sample is taken from the
30  defendant voluntarily, pursuant to court order for any
31  purpose, or pursuant to the provisions of s. 775.0877, s.
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 714
    Amendment No.    
 1  951.27, or s. 960.003; however, the results of any HIV test
 2  performed shall be disclosed solely to the victim and the
 3  defendant, except as provided in ss. 775.0877, 951.27, and
 4  960.003.
 5         7.  When an HIV test is mandated by court order.
 6         8.  For epidemiological research pursuant to s.
 7  381.0032, for research consistent with institutional review
 8  boards created by 45 C.F.R. part 46, or for the performance of
 9  an HIV-related test for the purpose of research, if the
10  testing is performed in a manner by which the identity of the
11  test subject is not known and may not be retrieved by the
12  researcher.
13         9.  When human tissue is collected lawfully without the
14  consent of the donor for corneal removal as authorized by s.
15  732.9185 or enucleation of the eyes as authorized by s.
16  732.919.
17         10.  For the performance of an HIV test upon an
18  individual who comes into contact with medical personnel in
19  such a way that a significant exposure has occurred during the
20  course of employment or within the scope of practice and where
21  a blood sample is available that was taken from that
22  individual voluntarily by medical personnel for other
23  purposes.  "Medical personnel" includes a licensed or
24  certified health care professional; an employee of a health
25  care professional, health care facility, or blood bank; and a
26  paramedic or emergency medical technician as defined in s.
27  401.23.
28         a.  Prior to performance of an HIV test on a
29  voluntarily obtained blood sample, the individual from whom
30  the blood was obtained shall be requested to consent to the
31  performance of the test and to the release of the results.
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 714
    Amendment No.    
 1  The individual's refusal to consent and all information
 2  concerning the performance of an HIV test and any HIV test
 3  result shall be documented only in the medical personnel's
 4  record unless the individual gives written consent to entering
 5  this information on the individual's medical record.
 6         b.  Reasonable attempts to locate the individual and to
 7  obtain consent shall be made and all attempts must be
 8  documented. If the individual cannot be found, an HIV test may
 9  be conducted on the available blood sample. If the individual
10  does not voluntarily consent to the performance of an HIV
11  test, the individual shall be informed that an HIV test will
12  be performed, and counseling shall be furnished as provided in
13  this section.  However, HIV testing shall be conducted only
14  after a licensed physician documents, in the medical record of
15  the medical personnel, that there has been a significant
16  exposure and that, in the physician's medical judgment, the
17  information is medically necessary to determine the course of
18  treatment for the medical personnel.
19         c.  Costs of any HIV test of a blood sample performed
20  with or without the consent of the individual, as provided in
21  this subparagraph, shall be borne by the medical personnel or
22  the employer of the medical personnel. However, costs of
23  testing or treatment not directly related to the initial HIV
24  tests or costs of subsequent testing or treatment shall not be
25  borne by the medical personnel or the employer of the medical
26  personnel.
27         d.  In order to utilize the provisions of this
28  subparagraph, the medical personnel must either be tested for
29  HIV pursuant to this section or provide the results of an HIV
30  test taken within 6 months prior to the significant exposure
31  if such test results are negative.
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 714
    Amendment No.    
 1         e.  A person who receives the results of an HIV test
 2  pursuant to this subparagraph shall maintain the
 3  confidentiality of the information received and of the persons
 4  tested.  Such confidential information is exempt from s.
 5  119.07(1).
 6         f.  If the source of the exposure will not voluntarily
 7  submit to HIV testing and a blood sample is not available, the
 8  medical personnel or the employer of such person acting on
 9  behalf of the employee may seek a court order directing the
10  source of the exposure to submit to HIV testing.  A sworn
11  statement by a physician licensed under chapter 458 or chapter
12  459 that a significant exposure has occurred and that, in the
13  physician's medical judgment, testing is medically necessary
14  to determine the course of treatment constitutes probable
15  cause for the issuance of an order by the court.  The results
16  of the test shall be released to the source of the exposure
17  and to the person who experienced the exposure.
18         11.  For the performance of an HIV test upon an
19  individual who comes into contact with medical personnel in
20  such a way that a significant exposure has occurred during the
21  course of employment or within the scope of practice of the
22  medical personnel while the medical personnel provides
23  emergency medical treatment to the individual; or who comes
24  into contact with nonmedical personnel in such a way that a
25  significant exposure has occurred while the nonmedical
26  personnel provides emergency medical assistance during a
27  medical emergency.  For the purposes of this subparagraph, a
28  medical emergency means an emergency medical condition outside
29  of a hospital or health care facility that provides physician
30  care. The test may be performed only during the course of
31  treatment for the medical emergency.
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 714
    Amendment No.    
 1         a.  An individual who is capable of providing consent
 2  shall be requested to consent to an HIV test prior to the
 3  testing. The individual's refusal to consent, and all
 4  information concerning the performance of an HIV test and its
 5  result, shall be documented only in the medical personnel's
 6  record unless the individual gives written consent to entering
 7  this information on the individual's medical record.
 8         b.  HIV testing shall be conducted only after a
 9  licensed physician documents, in the medical record of the
10  medical personnel or nonmedical personnel, that there has been
11  a significant exposure and that, in the physician's medical
12  judgment, the information is medically necessary to determine
13  the course of treatment for the medical personnel or
14  nonmedical personnel.
15         c.  Costs of any HIV test performed with or without the
16  consent of the individual, as provided in this subparagraph,
17  shall be borne by the medical personnel or the employer of the
18  medical personnel or nonmedical personnel.  However, costs of
19  testing or treatment not directly related to the initial HIV
20  tests or costs of subsequent testing or treatment shall not be
21  borne by the medical personnel or the employer of the medical
22  personnel or nonmedical personnel.
23         d.  In order to utilize the provisions of this
24  subparagraph, the medical personnel or nonmedical personnel
25  shall be tested for HIV pursuant to this section or shall
26  provide the results of an HIV test taken within 6 months prior
27  to the significant exposure if such test results are negative.
28         e.  A person who receives the results of an HIV test
29  pursuant to this subparagraph shall maintain the
30  confidentiality of the information received and of the persons
31  tested.  Such confidential information is exempt from s.
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 1  119.07(1).
 2         f.  If the source of the exposure will not voluntarily
 3  submit to HIV testing and a blood sample was not obtained
 4  during treatment for the medical emergency, the medical
 5  personnel, the employer of the medical personnel acting on
 6  behalf of the employee, or the nonmedical personnel may seek a
 7  court order directing the source of the exposure to submit to
 8  HIV testing.  A sworn statement by a physician licensed under
 9  chapter 458 or chapter 459 that a significant exposure has
10  occurred and that, in the physician's medical judgment,
11  testing is medically necessary to determine the course of
12  treatment constitutes probable cause for the issuance of an
13  order by the court.  The results of the test shall be released
14  to the source of the exposure and to the person who
15  experienced the exposure.
16         12.  For the performance of an HIV test by the medical
17  examiner upon a deceased individual who is the source of a
18  significant exposure to medical personnel or nonmedical
19  personnel who provided emergency medical assistance and who
20  expired or could not be resuscitated during treatment for the
21  medical emergency.
22         13.12.  For the performance of an HIV-related test
23  medically indicated by licensed medical personnel for medical
24  diagnosis of a hospitalized infant as necessary to provide
25  appropriate care and treatment of the infant when, after a
26  reasonable attempt, a parent cannot be contacted to provide
27  consent. The medical records of the infant shall reflect the
28  reason consent of the parent was not initially obtained.  Test
29  results and posttest counseling shall be provided to the
30  parent when the parent is located.
31         14.  For the performance of HIV testing conducted to
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 1  monitor the clinical progress of a patient previously
 2  diagnosed to be HIV positive.
 3         15.  For the performance of repeated HIV testing
 4  conducted to monitor possible conversion from a significant
 5  exposure.
 6         (4)  COUNTY HEALTH DEPARTMENT NETWORK OF VOLUNTARY
 7  HUMAN IMMUNODEFICIENCY VIRUS TESTING PROGRAMS.--
 8         (a)  The Department of Health shall establish a network
 9  of voluntary human immunodeficiency virus testing programs in
10  every county in the state. These programs shall be conducted
11  in each county health department established under the
12  provisions of part I of chapter 154. Additional programs may
13  be contracted to other private providers to the extent that
14  finances permit and local circumstances dictate.
15         (b)  Each county health department shall have the
16  ability to provide counseling and testing for human
17  immunodeficiency virus to each patient who receives services
18  and shall offer such testing on a voluntary basis to each
19  patient who presents himself or herself for services in a
20  public health program designated by the State Health Officer
21  by rule.
22         (c)  Each county health department shall provide a
23  program of counseling and testing for human immunodeficiency
24  virus infection, on both an anonymous and confidential basis.
25  Counseling provided to a patient tested on both an anonymous
26  and confidential basis shall include informing the patient of
27  the availability of partner-notification services, the
28  benefits of such services, and the confidentiality protections
29  available as part of such services. The Department of Health
30  or its designated agent shall continue to provide for
31  anonymous testing through an alternative testing site program
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 1  with sites throughout all areas of the state. Each county
 2  health department shall maintain a list of anonymous testing
 3  sites.  The list shall include the locations, phone numbers,
 4  and hours of operation of the sites and shall be disseminated
 5  to all persons and programs offering human immunodeficiency
 6  virus testing within the service area of the county health
 7  department, including physicians licensed under chapter 458 or
 8  chapter 459. Except as provided in this section, the identity
 9  of a person upon whom a test has been performed and test
10  results are confidential and exempt from the provisions of s.
11  119.07(1).
12         (d)  The result of a serologic test conducted under the
13  auspices of the Department of Health shall not be used to
14  determine if a person may be insured for disability, health,
15  or life insurance or to screen or determine suitability for,
16  or to discharge a person from, employment.  Any person who
17  violates the provisions of this subsection is guilty of a
18  misdemeanor of the first degree, punishable as provided in s.
19  775.082 or s. 775.083.
20         (5)  HUMAN IMMUNODEFICIENCY VIRUS TESTING REQUIREMENTS;
21  REGISTRATION WITH THE DEPARTMENT OF HEALTH; EXEMPTIONS FROM
22  REGISTRATION.--No county health department and no other person
23  in this state shall conduct or hold themselves out to the
24  public as conducting a testing program for acquired immune
25  deficiency syndrome, acquired immune deficiency syndrome
26  related complex, or human immunodeficiency virus status
27  without first registering with the Department of Health,
28  reregistering each year, complying with all other applicable
29  provisions of state law, and meeting the following
30  requirements:
31         (a)  The program must be directed by a person with a
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 1  minimum number of contact hours of experience in the
 2  counseling of persons with acquired immune deficiency
 3  syndrome, acquired immune deficiency syndrome related complex,
 4  or human immunodeficiency virus infection, as established by
 5  the Department of Health by rule.
 6         (b)  The program must have all medical care supervised
 7  by a physician licensed under the provisions of chapter 458 or
 8  chapter 459.
 9         (c)  The program shall have all laboratory procedures
10  performed in a laboratory licensed under the provisions of
11  chapter 483.
12         (d)  The program must meet all the informed consent
13  criteria contained in subsection (3).
14         (e)  The program must provide the opportunity for
15  pretest counseling on the meaning of a test for human
16  immunodeficiency virus, including medical indications for the
17  test; the possibility of false positive or false negative
18  results; the potential need for confirmatory testing; the
19  potential social, medical, and economic consequences of a
20  positive test result; and the need to eliminate high-risk
21  behavior.
22         (f)  The program must provide supplemental
23  corroborative testing on all positive test results before the
24  results of any positive test are provided to the patient.
25  Except as provided in this section, the identity of any person
26  upon whom a test has been performed and test results are
27  confidential and exempt from the provisions of s. 119.07(1).
28         (g)  The program must provide the opportunity for
29  face-to-face posttest counseling on the meaning of the test
30  results; the possible need for additional testing; the social,
31  medical, and economic consequences of a positive test result;
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 1  and the need to eliminate behavior which might spread the
 2  disease to others.
 3         (h)  Each person providing posttest counseling to a
 4  patient with a positive test result shall receive specialized
 5  training, to be specified by rule of the department, about the
 6  special needs of persons with positive results, including
 7  recognition of possible suicidal behavior, and shall refer the
 8  patient for further health and social services as appropriate.
 9         (i)  When services are provided for a charge during
10  pretest counseling, testing, supplemental testing, and
11  posttest counseling, the program must provide a complete list
12  of all such charges to the patient and the Department of
13  Health.
14         (j)  Nothing in this subsection shall be construed to
15  require a facility licensed under chapter 483 or a person
16  licensed under the provisions of chapter 457, chapter 458,
17  chapter 459, chapter 460, chapter 461, chapter 466, or chapter
18  467 to register with the Department of Health if he or she
19  does not advertise or hold himself or herself out to the
20  public as conducting testing programs for human
21  immunodeficiency virus infection or specializing in such
22  testing.
23         (k)  The department shall deny, suspend, or revoke the
24  registration of any person or agency that violates this
25  section, or any rule adopted under this section, constituting
26  an emergency affecting the immediate health, safety, and
27  welfare of a person receiving service.
28         (6)  PENALTIES.--
29         (a)  Any violation of this section by a facility or
30  licensed health care provider shall be a ground for
31  disciplinary action contained in the facility's or
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 1  professional's respective licensing chapter.
 2         (b)  Any person who violates the confidentiality
 3  provisions of this section and s. 951.27 commits a misdemeanor
 4  of the first degree, punishable as provided in s. 775.082 or
 5  s. 775.083.
 6         (8)  MODEL PROTOCOL FOR COUNSELING AND TESTING FOR
 7  HUMAN IMMUNODEFICIENCY VIRUS.--The Department of Health shall
 8  develop, by rule, a model protocol consistent with the
 9  provisions of this section for counseling and testing persons
10  for the human immunodeficiency virus. The protocol shall
11  include criteria for evaluating a patient's risk for human
12  immunodeficiency virus infection and for offering human
13  immunodeficiency virus testing, on a voluntary basis, as a
14  routine part of primary health care or admission to a health
15  care facility.  The Department of Health shall ensure that the
16  protocols developed under this section are made available to
17  health care providers.
18         Section 3.  Section 384.25, Florida Statutes, is
19  amended to read:
20         384.25  Reporting required.--
21         (1)  Each person who makes a diagnosis of or treats a
22  person with a sexually transmissible disease and each
23  laboratory that performs a test for a sexually transmissible
24  disease which concludes with a positive result shall report
25  such facts as may be required by the department by rule,
26  within a time period as specified by rule of the department,
27  but in no case to exceed 2 weeks.
28         (2)  The department shall adopt rules specifying the
29  information required in and a minimum time period for
30  reporting a sexually transmissible disease.  In adopting such
31  rules, the department shall consider the need for information,
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 1  protections for the privacy and confidentiality of the
 2  patient, and the practical ability of persons and laboratories
 3  to report in a reasonable fashion.  To ensure the
 4  confidentiality of persons infected with the human
 5  immunodeficiency virus (HIV), reporting of HIV infection and
 6  acquired immune deficiency syndrome (AIDS) must be conducted
 7  using the HIV/AIDS Reporting System (HARS) developed by the
 8  Centers for Disease Control and Prevention of the United
 9  States Public Health Service.
10         (3)  The department shall require reporting of
11  physician diagnosed cases of AIDS based upon diagnostic
12  criteria from the Centers for Disease Control and Prevention.
13         (4)  The department may require physician and
14  laboratory reporting of HIV infection. However, only reports
15  of HIV infection identified on or after the effective date of
16  the rule developed by the department pursuant to this
17  subsection shall be accepted.  The reporting may not affect or
18  relate to anonymous HIV testing programs conducted pursuant to
19  s. 381.004(4) or to university-based medical research
20  protocols as determined by the department.
21         (5)  After notification of the test subject under
22  subsection (4), the department may, with the consent of the
23  test subject, notify school superintendents of students and
24  school personnel whose HIV tests are positive.
25         (6)  The department shall by February 1 of each year
26  submit to the Legislature an annual report relating to all
27  information obtained pursuant to this section.
28         (7)  The rules adopted by the department pursuant to
29  this section shall specify the protocols for the reporting
30  required or permitted by subsection (3) or subsection (4).
31  The protocol developed for implementation of subsection (4)
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 1  shall include, but need not be limited to, information to be
 2  given to a test subject during pretest counseling, including:
 3         (a)  The fact that a positive HIV test result may be
 4  reported to the county health department with sufficient
 5  information to identify the test subject and the availability
 6  and location of anonymous testing sites; and
 7         (b)  The partner notification services available
 8  through the county health departments, the benefits of such
 9  services, and the confidentiality protections available as
10  part of such services.
11         (7)(8)  Each person who violates the provisions of this
12  section or the rules adopted hereunder may be fined by the
13  department up to $500 for each offense.  The department shall
14  report each violation of this section to the regulatory agency
15  responsible for licensing each health care professional and
16  each laboratory to which these provisions apply.
17         Section 4.  Subsection (1) of section 455.604, Florida
18  Statutes, is amended to read:
19         455.604  Requirement for instruction for certain
20  licensees on human immunodeficiency virus and acquired immune
21  deficiency syndrome.--
22         (1)  The appropriate board shall require each person
23  licensed or certified under chapter 457; chapter 458; chapter
24  459; chapter 460; chapter 461; chapter 463; chapter 464;
25  chapter 465; chapter 466; part II, part III, or part V of
26  chapter 468; or chapter 486 to complete a continuing
27  educational course, approved by the board, on human
28  immunodeficiency virus and acquired immune deficiency syndrome
29  as part of biennial relicensure or recertification. The course
30  shall consist of education on the modes of transmission,
31  infection control procedures, clinical management, and
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 1  prevention of human immunodeficiency virus and acquired immune
 2  deficiency syndrome. Such course shall include information on
 3  current Florida law on acquired immune deficiency syndrome and
 4  its impact on testing, confidentiality of test results, and
 5  treatment of patients, and any protocols and procedures
 6  applicable to human immunodeficiency virus counseling and
 7  testing, reporting, the offering of HIV testing to pregnant
 8  women, and partner notification issues pursuant to ss. 381.004
 9  and 384.25.
10
11  (Redesignate subsequent sections.)
12
13
14  ================ T I T L E   A M E N D M E N T ===============
15  And the title is amended as follows:
16         On page 1, line 2, delete that line
17
18  and insert:
19         An act relating to health care; amending s.
20         381.0035, F.S.; requiring certain information
21         related to HIV testing and counseling to be
22         included in HIV educational courses; amending
23         s. 381.004, F.S.; requiring informed consent
24         before an HIV test may be ordered; requiring
25         certain information to be provided when
26         informed consent is sought; providing
27         requirements with respect to notification and
28         release of test results; authorizing certain
29         disclosures of test results; providing for
30         court orders for testing in specified
31         circumstances; providing for emergency action
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 1         against a registration; providing requirements
 2         for model protocols; providing penalties;
 3         amending s. 384.25, F.S.; deleting provisions
 4         relating to protocols and to notification to
 5         school superintendents; amending s. 455.604,
 6         F.S.; requiring certain information related to
 7         HIV testing to be included in HIV educational
 8         courses for certain licensed professions;
 9
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