| 1 | A bill to be entitled |
| 2 | An act relating to human immunodeficiency virus and |
| 3 | acquired immune deficiency syndrome educational |
| 4 | requirements; amending s. 381.0035, F.S.; revising |
| 5 | requirements relating to educational courses on HIV and |
| 6 | AIDS for certain employees and clients of specified |
| 7 | licensed health care facilities; specifying applicability; |
| 8 | amending s. 400.506, F.S.; revising requirements with |
| 9 | respect to educational courses on HIV and AIDS for nurse |
| 10 | registries; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 381.0035, Florida Statutes, is amended |
| 15 | to read: |
| 16 | 381.0035 Educational course on HIV and AIDS; employees and |
| 17 | clients of certain health care facilities.-- |
| 18 | (1) The Department of Health shall require all employees |
| 19 | and clients of facilities licensed under chapter chapters 393, |
| 20 | chapter 394, or chapter and 397 and employees of facilities |
| 21 | licensed under chapter 395, part parts II, part III, or part and |
| 22 | IV of chapter 400, or and part I of chapter 429 to complete, |
| 23 | biennially, a one-time continuing educational course on the |
| 24 | modes of transmission, infection control procedures, clinical |
| 25 | management, and prevention of human immunodeficiency virus and |
| 26 | acquired immune deficiency syndrome with an emphasis on |
| 27 | appropriate behavior and attitude change. Such instruction shall |
| 28 | include information on current Florida law and its impact on |
| 29 | testing, confidentiality of test results, and treatment of |
| 30 | patients and any protocols and procedures applicable to human |
| 31 | immunodeficiency counseling and testing, reporting, the offering |
| 32 | of HIV testing to pregnant women, and partner notification |
| 33 | issues pursuant to ss. 381.004 and 384.25. |
| 34 | (2) New employees shall be required to complete or provide |
| 35 | proof that they have completed a course on human |
| 36 | immunodeficiency virus and acquired immune deficiency syndrome, |
| 37 | with instruction to include information on current Florida law |
| 38 | and its impact on testing, confidentiality of test results, and |
| 39 | treatment of patients. Upon completing training on human |
| 40 | immunodeficiency virus and acquired immune deficiency syndrome, |
| 41 | a certificate shall be issued. The certificate shall be evidence |
| 42 | of completion of training, and the employee is not required to |
| 43 | repeat training in that topic upon changing employment to a |
| 44 | different facility licensed under chapter 393, chapter 394, |
| 45 | chapter 395, or chapter 397, part II, part III, or part IV of |
| 46 | chapter 400, or part I of chapter 429. |
| 47 | (3) Facilities licensed under chapter chapters 393, |
| 48 | chapter 394, chapter 395, or chapter and 397, part parts II, |
| 49 | part III, or part and IV of chapter 400, or and part I of |
| 50 | chapter 429 shall maintain a record of employees and dates of |
| 51 | attendance at human immunodeficiency virus and acquired immune |
| 52 | deficiency syndrome educational courses. |
| 53 | (4) The department shall have the authority to review the |
| 54 | records of each facility to determine compliance with the |
| 55 | requirements of this section. The department may adopt rules to |
| 56 | carry out the provisions of this section. |
| 57 | (5) This section does not apply to an employee who is |
| 58 | licensed or certified under chapter 458, chapter 459, chapter |
| 59 | 461, part I of chapter 464, part II of chapter 468, or chapter |
| 60 | 486. However, the employee must comply with the human |
| 61 | immunodeficiency virus and acquired immune deficiency syndrome |
| 62 | educational requirements for the employee's profession. |
| 63 | Section 2. Paragraph (e) is added to subsection (8) of |
| 64 | section 400.506, Florida Statutes, to read: |
| 65 | 400.506 Licensure of nurse registries; requirements; |
| 66 | penalties.-- |
| 67 | (8) Each nurse registry must require every applicant for |
| 68 | contract to complete an application form providing the following |
| 69 | information: |
| 70 | (e) Proof of completion of a continuing educational course |
| 71 | on modes of transmission, infection control procedures, clinical |
| 72 | management, and prevention of human immunodeficiency virus and |
| 73 | acquired immune deficiency syndrome with an emphasis on |
| 74 | appropriate behavior and attitude change. Such instruction shall |
| 75 | include information on current Florida law and its impact on |
| 76 | testing, confidentiality of test results, and treatment of |
| 77 | patients and any protocols and procedures applicable to human |
| 78 | immunodeficiency counseling and testing, reporting, offering HIV |
| 79 | testing to pregnant women, and partner notification issues |
| 80 | pursuant to ss. 381.004 and 384.25. |
| 81 | Section 3. This act shall take effect July 1, 2008. |