Senate Bill sb2324

    Florida Senate - 2007                                  SB 2324

    By Senator Wilson





    33-197-07

  1                      A bill to be entitled

  2         An act relating to HIV testing in prisons;

  3         creating s. 945.351, F.S.; defining the term

  4         "HIV test"; requiring the Department of

  5         Corrections to perform an HIV test upon inmates

  6         upon entry into prison; requiring the

  7         department to record the results of an inmate's

  8         HIV test in his or her medical record;

  9         requiring an HIV-positive inmate to participate

10         in an education program regarding HIV;

11         providing sovereign immunity to the state and

12         its agencies, subdivisions, and employees

13         regarding the death or personal injury of an

14         inmate arising from compliance with the act;

15         providing an effective date.

16  

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

18  

19         Section 1.  Section 945.351, Florida Statutes, is

20  created to read:

21         945.351  HIV testing of inmates upon entry into

22  prison.--

23         (1)  As used in this section, the term "HIV test" means

24  a test ordered to determine the presence of the antibody or

25  antigen to human immunodeficiency virus or the presence of

26  human immunodeficiency virus infection.

27         (2)  If an inmate's HIV status is unknown to the

28  department, the department shall, pursuant to s. 381.004(3),

29  perform an HIV test on the inmate within 14 days after entry

30  into prison. An inmate who is known to the department to be

31  HIV positive or who has been tested within the previous year

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2324
    33-197-07




 1  and does not request retesting need not be tested under this

 2  section but is subject to s. 945.35(1).

 3         (3)  The department shall record the results of the HIV

 4  test in the inmate's medical record.

 5         (4)  Each inmate who is known to be HIV positive or who

 6  has received a positive HIV test result under this section

 7  shall participate in the department's education program under

 8  s. 945.35(1). This program shall include, but need not be

 9  limited to, education concerning preventing the transmission

10  of HIV to others and the importance of receiving followup care

11  and treatment.

12         (5)  Notwithstanding any provision of law providing for

13  a waiver of sovereign immunity, the state, its agencies, or

14  subdivisions, or any employees of the state, its agencies, or

15  subdivisions, are not liable to any person for negligently

16  causing death or personal injury arising out of compliance

17  with this section.

18         Section 2.  This act shall take effect upon becoming a

19  law.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Requires the Department of Corrections to test inmates
      for HIV upon entry into prison. Requires the department
24    to record the results of an inmate's HIV test in his or
      her medical record. Requires an HIV-positive inmate to
25    participate in an education program regarding HIV.
      Provides sovereign immunity to the state and its
26    employees regarding the death or personal injury of an
      inmate arising from compliance with the act.
27  

28  

29  

30  

31  

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CODING: Words stricken are deletions; words underlined are additions.