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

12

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

13

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 modes

24

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 issues

33

pursuant to ss. 381.004 and 384.25. An employee who has completed

34

the educational course required in this subsection is not

35

required to repeat the course upon changing employment to a

36

different facility licensed under chapter 393, chapter 394,

37

chapter 395, chapter 397, part II, part III, or part IV of

38

chapter 400, or part I of chapter 429.

39

     (2) New employees shall be required to complete a course on

40

human immunodeficiency virus and acquired immune deficiency

41

syndrome, with instruction to include information on current

42

Florida law and its impact on testing, confidentiality of test

43

results, and treatment of patients.

44

     (2)(3) Facilities licensed under chapter chapters 393,

45

chapter 394, chapter 395, or chapter and 397, part parts II, part

46

III, or part and IV of chapter 400, or and part I of chapter 429

47

shall maintain a record of employees and dates of attendance at

48

human immunodeficiency virus and acquired immune deficiency

49

syndrome educational courses.

50

     (3)(4) The department shall have the authority to review

51

the records of each facility to determine compliance with the

52

requirements of this section. The department may adopt rules to

53

carry out the provisions of this section.

54

     (4) This section does not apply to an employee who is

55

subject to the requirements of s. 456.033.

56

     Section 2.  Paragraph (e) is added to subsection (8) of

57

section 400.506, Florida Statutes, to read:

58

     400.506  Licensure of nurse registries; requirements;

59

penalties.--

60

     (8)  Each nurse registry must require every applicant for

61

contract to complete an application form providing the following

62

information:

63

     (e) Proof of completion of a continuing educational course

64

on modes of transmission, infection control procedures, clinical

65

management, and prevention of human immunodeficiency virus and

66

acquired immune deficiency syndrome with an emphasis on

67

appropriate behavior and attitude change. Such instruction shall

68

include information on current Florida law and its effect on

69

testing, confidentiality of test results, and treatment of

70

patients and any protocols and procedures applicable to human

71

immunodeficiency virus counseling and testing, reporting,

72

offering HIV testing to pregnant women, and partner notification

73

issues pursuant to ss. 381.004 and 384.25.

74

     Section 3.  This act shall take effect July 1, 2008.