1

A bill to be entitled

2

An act relating to the testing of children for infectious

3

diseases in certain juvenile detention facilities or

4

juvenile assessment centers; creating s. 985.1351, F.S.;

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requiring each juvenile assessment center or juvenile

6

detention facility to have a written procedure regarding

7

the testing of juveniles for infectious diseases;

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requiring the Department of Juvenile Justice to designate

9

certain counties, if approved by the county's governing

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body, to participate in a program to test each juvenile

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for HIV who is referred to or who is under the supervision

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of the department; requiring certain juvenile assessment

13

centers or juvenile detention facilities to comply with

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certain requirements regarding the release of juveniles

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who are HIV positive; requiring the disclosure of a

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certain juveniles' HIV tests under certain circumstances;

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providing that any serologic blood test results of a

18

juvenile is part of the juvenile's permanent medical file;

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providing sovereign immunity to certain state agencies or

20

employees for negligently causing death or personal injury

21

for complying with the act; amending s. 381.004, F.S.;

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providing that informed consent is not required for an HIV

23

test of a juvenile which is performed during the intake

24

process at a juvenile assessment center or juvenile

25

detention facility; providing an effective date.

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27

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

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29

     Section 1.  Section 985.1351, Florida Statutes, is created

30

to read:

31

     985.1351 Blood test of a child referred to or under the

32

supervision of the department.--

33

     (1) Each juvenile assessment center or juvenile detention

34

facility shall have a written procedure, developed in

35

consultation with a facility medical provider, establishing

36

conditions under which a child who is referred to or under the

37

supervision of the department will be tested for infectious

38

diseases, including human immunodeficiency virus, which procedure

39

must be consistent with guidelines of the Centers for Disease

40

Control and Prevention and recommendations of the Correctional

41

Medical Authority. It is not unlawful for the person receiving

42

the test results to divulge the test results to the child's

43

parents, guardian, or legal custodian or to the juvenile

44

probation officer assigned to the child.

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     (2)(a) The Department of Health shall designate two

46

counties having a population of 1.2 million or more and five

47

counties having a population of fewer than 1.2 million to

48

participate in the testing program provided in this subsection,

49

if participation in the testing program is authorized by a

50

majority of the county's governing body. Each juvenile assessment

51

center or juvenile detention facility that lies within the

52

authority of any participating county shall, consistent with s.

53

381.004(3), perform an HIV test as defined in s. 381.004(2)

54

during the intake process on each child who is referred to or is

55

under the supervision of the department unless the center or

56

facility knows that the child is HIV positive. The required test

57

must be performed within 20 days after the intake date of the

58

child. A test is not required under this paragraph if a child who

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is taken into custody is released within 10 days to his or her

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parent, guardian, legal custodian, or, if the child's parent,

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guardian, or legal custodian is not available, unwilling, or

62

unable to provide supervision for the child, to any responsible

63

adult pursuant to s. 985.115(2)(a).

64

     (b) Each juvenile assessment center or juvenile detention

65

facility in a county that participates in the testing program

66

authorized in paragraph (a) must comply with the requirements of

67

this paragraph. If the assessment center or detention facility

68

knows that a child who is to be released from the center or

69

facility is HIV positive or has received a positive HIV test

70

result, that center or facility shall, before the child is

71

released:

72

     1. Notify, consistent with s. 381.004(3), the Department of

73

Health and the county health department in the county where the

74

child being released plans to reside of the release date and HIV

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status of the child.

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     2. Provide special transitional assistance to the child and

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his or her parents, guardian, or legal custodian, which must

78

include:

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     a. Education on preventing the transmission of HIV to

80

others and on the importance of receiving followup medical care

81

and treatment.

82

     b. A written, individualized discharge plan that includes

83

records of all laboratory and diagnostic test results, medication

84

and treatment information, and referrals to and contacts with the

85

county health department and local primary medical care services

86

for the treatment of HIV infection which are available in the

87

area where the child plans to reside.

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     (3) Upon request of the victim or the victim's legal

89

guardian, or the parent or legal guardian of the victim if the

90

victim is a minor, the results of any HIV test performed on a

91

child who has been arrested for any sexual offense involving

92

oral, anal, or vaginal penetration by, or union with, the sexual

93

organ of another, shall be disclosed to the victim or the

94

victim's legal guardian, or to the parent or legal guardian of

95

the victim if the victim is a minor. In such cases, the juvenile

96

assessment center or juvenile detention facility shall furnish

97

the test results to the Department of Health, which shall

98

disclose the results to public health agencies as provided in s.

99

775.0877 and to the victim or the victim's legal guardian, or the

100

parent or legal guardian of the victim if the victim is a minor,

101

as provided in s. 960.003(3).

102

     (4) The results of any serologic blood test of a child are

103

a part of that child's permanent medical file. Upon transfer of

104

the child to any other juvenile assessment center or juvenile

105

detention facility, such file shall also be transferred and all

106

relevant authorized persons must be notified of positive HIV test

107

results as required in s. 775.0877.

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     (5) Notwithstanding any law providing for a waiver of

109

sovereign immunity, the state, its agencies, or subdivisions, and

110

employees of the state, its agencies, or subdivisions, are not

111

liable to any person for negligently causing death or personal

112

injury arising out of complying with this section.

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     Section 2.  Subsection (3) of section 381.004, Florida

114

Statutes, is amended to read:

115

     381.004  HIV testing.--

116

     (3) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED CONSENT;

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RESULTS; COUNSELING; CONFIDENTIALITY.--

118

     (a) A No person in this state may not shall order a test

119

designed to identify the human immunodeficiency virus, or its

120

antigen or antibody, without first obtaining the informed consent

121

of the person upon whom the test is being performed, except as

122

specified in paragraph (h). Informed consent shall be preceded by

123

an explanation of the right to confidential treatment of

124

information identifying the subject of the test and the results

125

of the test to the extent provided by law. Information shall also

126

be provided on the fact that a positive HIV test result will be

127

reported to the county health department with sufficient

128

information to identify the test subject and on the availability

129

and location of sites at which anonymous testing is performed. As

130

required in paragraph (4)(c), each county health department shall

131

maintain a list of sites at which anonymous testing is performed,

132

including the locations, phone numbers, and hours of operation of

133

the sites. Consent need not be in writing provided there is

134

documentation in the medical record that the test has been

135

explained and the consent has been obtained.

136

     (b)  Except as provided in paragraph (h), informed consent

137

must be obtained from a legal guardian or other person authorized

138

by law when the person:

139

     1.  Is not competent, is incapacitated, or is otherwise

140

unable to make an informed judgment; or

141

     2.  Has not reached the age of majority, except as provided

142

in s. 384.30.

143

     (c)  The person ordering the test or that person's designee

144

shall ensure that all reasonable efforts are made to notify the

145

test subject of his or her test result.  Notification of a person

146

with a positive test result shall include information on the

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availability of appropriate medical and support services, on the

148

importance of notifying partners who may have been exposed, and

149

on preventing transmission of HIV. Notification of a person with

150

a negative test result shall include, as appropriate, information

151

on preventing the transmission of HIV. When testing occurs in a

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hospital emergency department, detention facility, or other

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facility and the test subject has been released before being

154

notified of positive test results, informing the county health

155

department for that department to notify the test subject

156

fulfills this responsibility.

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     (d)  A positive preliminary test result may not be revealed

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to any person except in the following situations:

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     1.  Preliminary test results may be released to licensed

160

physicians or the medical or nonmedical personnel subject to the

161

significant exposure for purposes of subparagraphs (h)10., 11.,

162

and 12.

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     2.  Preliminary test results may be released to health care

164

providers and to the person tested when decisions about medical

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care or treatment of, or recommendation to, the person tested

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and, in the case of an intrapartum or postpartum woman, when

167

care, treatment, or recommendations regarding her newborn, cannot

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await the results of confirmatory testing. Positive preliminary

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HIV test results may not be characterized to the patient as a

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diagnosis of HIV infection. Justification for the use of

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preliminary test results must be documented in the medical record

172

by the health care provider who ordered the test.

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     3.  The results of rapid testing technologies shall be

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considered preliminary and may be released in accordance with the

175

manufacturer's instructions as approved by the federal Food and

176

Drug Administration.

177

     4.  Corroborating or confirmatory testing must be conducted

178

as followup to a positive preliminary test.  Results shall be

179

communicated to the patient according to statute regardless of

180

the outcome. Except as provided in this section, test results are

181

confidential and exempt from the provisions of s. 119.07(1).

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     (e)  Except as provided in this section, the identity of any

183

person upon whom a test has been performed and test results are

184

confidential and exempt from the provisions of s. 119.07(1). A No

185

person who has obtained or has knowledge of a test result

186

pursuant to this section may not disclose or be compelled to

187

disclose the identity of any person upon whom a test is

188

performed, or the results of such a test in a manner that which

189

permits identification of the subject of the test, except to the

190

following persons:

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     1.  The subject of the test or the subject's legally

192

authorized representative.

193

     2.  Any person, including third-party payors, designated in

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a legally effective release of the test results executed prior to

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or after the test by the subject of the test or the subject's

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legally authorized representative. The test subject may in

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writing authorize the disclosure of the test subject's HIV test

198

results to third party payors, who need not be specifically

199

identified, and to other persons to whom the test subject

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subsequently issues a general release of medical information.  A

201

general release without such prior written authorization is not

202

sufficient to release HIV test results.

203

     3.  An authorized agent or employee of a health facility or

204

health care provider if the health facility or health care

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provider itself is authorized to obtain the test results, the

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agent or employee participates in the administration or provision

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of patient care or handles or processes specimens of body fluids

208

or tissues, and the agent or employee has a need to know such

209

information.  The department shall adopt a rule defining which

210

persons have a need to know pursuant to this subparagraph.

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     4.  Health care providers consulting between themselves or

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with health care facilities to determine diagnosis and treatment.

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For purposes of this subparagraph, health care providers shall

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include licensed health care professionals employed by or

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associated with state, county, or municipal detention facilities

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when such health care professionals are acting exclusively for

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the purpose of providing diagnoses or treatment of persons in the

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custody of such facilities.

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     5.  The department, in accordance with rules for reporting

220

and controlling the spread of disease, as otherwise provided by

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state law.

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     6.  A health facility or health care provider which

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procures, processes, distributes, or uses:

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     a.  A human body part from a deceased person, with respect

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to medical information regarding that person; or

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     b.  Semen provided prior to July 6, 1988, for the purpose of

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artificial insemination.

228

     7.  Health facility staff committees, for the purposes of

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conducting program monitoring, program evaluation, or service

230

reviews pursuant to chapters 395 and 766.

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     8.  Authorized medical or epidemiological researchers who

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may not further disclose any identifying characteristics or

233

information.

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     9.  A person allowed access by a court order which is issued

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in compliance with the following provisions:

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     a. A No court of this state may not shall issue such order

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unless the court finds that the person seeking the test results

238

has demonstrated a compelling need for the test results which

239

cannot be accommodated by other means.  In assessing compelling

240

need, the court shall weigh the need for disclosure against the

241

privacy interest of the test subject and the public interest

242

which may be disserved by disclosure which deters blood, organ,

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and semen donation and future human immunodeficiency virus-

244

related testing or which may lead to discrimination.  This

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paragraph shall not apply to blood bank donor records.

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     b.  Pleadings pertaining to disclosure of test results shall

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substitute a pseudonym for the true name of the subject of the

248

test.  The disclosure to the parties of the subject's true name

249

shall be communicated confidentially in documents not filed with

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the court.

251

     c.  Before granting any such order, the court shall provide

252

the individual whose test result is in question with notice and a

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reasonable opportunity to participate in the proceedings if he or

254

she is not already a party.

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     d.  Court proceedings as to disclosure of test results shall

256

be conducted in camera, unless the subject of the test agrees to

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a hearing in open court or unless the court determines that a

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public hearing is necessary to the public interest and the proper

259

administration of justice.

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     e.  Upon the issuance of an order to disclose test results,

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the court shall impose appropriate safeguards against

262

unauthorized disclosure which shall specify the persons who may

263

have access to the information, the purposes for which the

264

information shall be used, and appropriate prohibitions on future

265

disclosure.

266

     10.  A person allowed access by order of a judge of

267

compensation claims of the Division of Administrative Hearings. A

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judge of compensation claims shall not issue such order unless he

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or she finds that the person seeking the test results has

270

demonstrated a compelling need for the test results which cannot

271

be accommodated by other means.

272

     11.  Those employees of the department or of child-placing

273

or child-caring agencies or of family foster homes, licensed

274

pursuant to s. 409.175, who are directly involved in the

275

placement, care, control, or custody of such test subject and who

276

have a need to know such information; adoptive parents of such

277

test subject; or any adult custodian, any adult relative, or any

278

person responsible for the child's welfare, if the test subject

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was not tested under subparagraph (b)2. and if a reasonable

280

attempt has been made to locate and inform the legal guardian of

281

a test result. The department shall adopt a rule to implement

282

this subparagraph.

283

     12.  Those employees of residential facilities or of

284

community-based care programs that care for developmentally

285

disabled persons, pursuant to chapter 393, who are directly

286

involved in the care, control, or custody of such test subject

287

and who have a need to know such information.

288

     13.  A health care provider involved in the delivery of a

289

child can note the mother's HIV test results in the child's

290

medical record.

291

     14.  Medical personnel or nonmedical personnel who have been

292

subject to a significant exposure during the course of medical

293

practice or in the performance of professional duties, or

294

individuals who are the subject of the significant exposure as

295

provided in subparagraphs (h)10.-12.

296

     15.  The medical examiner shall disclose positive HIV test

297

results to the department in accordance with rules for reporting

298

and controlling the spread of disease.

299

     (f)  Except as provided in this section, the identity of a

300

person upon whom a test has been performed is confidential and

301

exempt from the provisions of s. 119.07(1).  No person to whom

302

the results of a test have been disclosed may disclose the test

303

results to another person except as authorized by this subsection

304

and by ss. 951.27 and 960.003. Whenever disclosure is made

305

pursuant to this subsection, it shall be accompanied by a

306

statement in writing which includes the following or

307

substantially similar language: "This information has been

308

disclosed to you from records whose confidentiality is protected

309

by state law.  State law prohibits you from making any further

310

disclosure of such information without the specific written

311

consent of the person to whom such information pertains, or as

312

otherwise permitted by state law.  A general authorization for

313

the release of medical or other information is NOT sufficient for

314

this purpose." An oral disclosure shall be accompanied by oral

315

notice and followed by a written notice within 10 days, except

316

that this notice shall not be required for disclosures made

317

pursuant to subparagraphs (e)3. and 4.

318

     (g)  Human immunodeficiency virus test results contained in

319

the medical records of a hospital licensed under chapter 395 may

320

be released in accordance with s. 395.3025 without being subject

321

to the requirements of subparagraph (e)2., subparagraph (e)9., or

322

paragraph (f); provided the hospital has obtained written

323

informed consent for the HIV test in accordance with provisions

324

of this section.

325

     (h)  Notwithstanding the provisions of paragraph (a),

326

informed consent is not required:

327

     1.  When testing for sexually transmissible diseases is

328

required by state or federal law, or by rule including the

329

following situations:

330

     a.  HIV testing pursuant to s. 796.08 of persons convicted

331

of prostitution or of procuring another to commit prostitution.

332

     b.  HIV testing of inmates pursuant to s. 945.355 prior to

333

their release from prison by reason of parole, accumulation of

334

gain-time credits, or expiration of sentence.

335

     c.  Testing for HIV by a medical examiner in accordance with

336

s. 406.11.

337

     d.  HIV testing of pregnant women pursuant to s. 384.31.

338

     e. HIV testing of children who are referred to or who are

339

under the supervision of the Department of Juvenile Justice under

340

s. 985.1351 during the intake process at a juvenile assessment

341

center or juvenile detention facility.

342

     2.  Those exceptions provided for blood, plasma, organs,

343

skin, semen, or other human tissue pursuant to s. 381.0041.

344

     3.  For the performance of an HIV-related test by licensed

345

medical personnel in bona fide medical emergencies when the test

346

results are necessary for medical diagnostic purposes to provide

347

appropriate emergency care or treatment to the person being

348

tested and the patient is unable to consent, as supported by

349

documentation in the medical record. Notification of test results

350

in accordance with paragraph (c) is required.

351

     4.  For the performance of an HIV-related test by licensed

352

medical personnel for medical diagnosis of acute illness where,

353

in the opinion of the attending physician, obtaining informed

354

consent would be detrimental to the patient, as supported by

355

documentation in the medical record, and the test results are

356

necessary for medical diagnostic purposes to provide appropriate

357

care or treatment to the person being tested. Notification of

358

test results in accordance with paragraph (c) is required if it

359

would not be detrimental to the patient.  This subparagraph does

360

not authorize the routine testing of patients for HIV infection

361

without informed consent.

362

     5.  When HIV testing is performed as part of an autopsy for

363

which consent was obtained pursuant to s. 872.04.

364

     6.  For the performance of an HIV test upon a defendant

365

pursuant to the victim's request in a prosecution for any type of

366

sexual battery where a blood sample is taken from the defendant

367

voluntarily, pursuant to court order for any purpose, or pursuant

368

to the provisions of s. 775.0877, s. 951.27, or s. 960.003;

369

however, the results of any HIV test performed shall be disclosed

370

solely to the victim and the defendant, except as provided in ss.

371

775.0877, 951.27, and 960.003.

372

     7.  When an HIV test is mandated by court order.

373

     8.  For epidemiological research pursuant to s. 381.0032,

374

for research consistent with institutional review boards created

375

by 45 C.F.R. part 46, or for the performance of an HIV-related

376

test for the purpose of research, if the testing is performed in

377

a manner by which the identity of the test subject is not known

378

and may not be retrieved by the researcher.

379

     9.  When human tissue is collected lawfully without the

380

consent of the donor for corneal removal as authorized by s.

381

765.5185 or enucleation of the eyes as authorized by s. 765.519.

382

     10.  For the performance of an HIV test upon an individual

383

who comes into contact with medical personnel in such a way that

384

a significant exposure has occurred during the course of

385

employment or within the scope of practice and where a blood

386

sample is available that was taken from that individual

387

voluntarily by medical personnel for other purposes.  The term

388

"medical personnel" includes a licensed or certified health care

389

professional; an employee of a health care professional or health

390

care facility; employees of a laboratory licensed under chapter

391

483; personnel of a blood bank or plasma center; a medical

392

student or other student who is receiving training as a health

393

care professional at a health care facility; and a paramedic or

394

emergency medical technician certified by the department to

395

perform life-support procedures under s. 401.23.

396

     a.  Prior to performance of an HIV test on a voluntarily

397

obtained blood sample, the individual from whom the blood was

398

obtained shall be requested to consent to the performance of the

399

test and to the release of the results.  The individual's refusal

400

to consent and all information concerning the performance of an

401

HIV test and any HIV test result shall be documented only in the

402

medical personnel's record unless the individual gives written

403

consent to entering this information on the individual's medical

404

record.

405

     b.  Reasonable attempts to locate the individual and to

406

obtain consent shall be made, and all attempts must be

407

documented. If the individual cannot be found, an HIV test may be

408

conducted on the available blood sample. If the individual does

409

not voluntarily consent to the performance of an HIV test, the

410

individual shall be informed that an HIV test will be performed,

411

and counseling shall be furnished as provided in this section.  

412

However, HIV testing shall be conducted only after a licensed

413

physician documents, in the medical record of the medical

414

personnel, that there has been a significant exposure and that,

415

in the physician's medical judgment, the information is medically

416

necessary to determine the course of treatment for the medical

417

personnel.

418

     c.  Costs of any HIV test of a blood sample performed with

419

or without the consent of the individual, as provided in this

420

subparagraph, shall be borne by the medical personnel or the

421

employer of the medical personnel. However, costs of testing or

422

treatment not directly related to the initial HIV tests or costs

423

of subsequent testing or treatment may not be borne by the

424

medical personnel or the employer of the medical personnel.

425

     d.  In order to utilize the provisions of this subparagraph,

426

the medical personnel must either be tested for HIV pursuant to

427

this section or provide the results of an HIV test taken within 6

428

months prior to the significant exposure if such test results are

429

negative.

430

     e.  A person who receives the results of an HIV test

431

pursuant to this subparagraph shall maintain the confidentiality

432

of the information received and of the persons tested.  Such

433

confidential information is exempt from s. 119.07(1).

434

     f.  If the source of the exposure will not voluntarily

435

submit to HIV testing and a blood sample is not available, the

436

medical personnel or the employer of such person acting on behalf

437

of the employee may seek a court order directing the source of

438

the exposure to submit to HIV testing.  A sworn statement by a

439

physician licensed under chapter 458 or chapter 459 that a

440

significant exposure has occurred and that, in the physician's

441

medical judgment, testing is medically necessary to determine the

442

course of treatment constitutes probable cause for the issuance

443

of an order by the court.  The results of the test shall be

444

released to the source of the exposure and to the person who

445

experienced the exposure.

446

     11.  For the performance of an HIV test upon an individual

447

who comes into contact with medical personnel in such a way that

448

a significant exposure has occurred during the course of

449

employment or within the scope of practice of the medical

450

personnel while the medical personnel provides emergency medical

451

treatment to the individual; or who comes into contact with

452

nonmedical personnel in such a way that a significant exposure

453

has occurred while the nonmedical personnel provides emergency

454

medical assistance during a medical emergency.  For the purposes

455

of this subparagraph, a medical emergency means an emergency

456

medical condition outside of a hospital or health care facility

457

that provides physician care. The test may be performed only

458

during the course of treatment for the medical emergency.

459

     a.  An individual who is capable of providing consent shall

460

be requested to consent to an HIV test prior to the testing. The

461

individual's refusal to consent, and all information concerning

462

the performance of an HIV test and its result, shall be

463

documented only in the medical personnel's record unless the

464

individual gives written consent to entering this information on

465

the individual's medical record.

466

     b.  HIV testing shall be conducted only after a licensed

467

physician documents, in the medical record of the medical

468

personnel or nonmedical personnel, that there has been a

469

significant exposure and that, in the physician's medical

470

judgment, the information is medically necessary to determine the

471

course of treatment for the medical personnel or nonmedical

472

personnel.

473

     c.  Costs of any HIV test performed with or without the

474

consent of the individual, as provided in this subparagraph,

475

shall be borne by the medical personnel or the employer of the

476

medical personnel or nonmedical personnel. However, costs of

477

testing or treatment not directly related to the initial HIV

478

tests or costs of subsequent testing or treatment may not be

479

borne by the medical personnel or the employer of the medical

480

personnel or nonmedical personnel.

481

     d.  In order to utilize the provisions of this subparagraph,

482

the medical personnel or nonmedical personnel shall be tested for

483

HIV pursuant to this section or shall provide the results of an

484

HIV test taken within 6 months prior to the significant exposure

485

if such test results are negative.

486

     e.  A person who receives the results of an HIV test

487

pursuant to this subparagraph shall maintain the confidentiality

488

of the information received and of the persons tested.  Such

489

confidential information is exempt from s. 119.07(1).

490

     f.  If the source of the exposure will not voluntarily

491

submit to HIV testing and a blood sample was not obtained during

492

treatment for the medical emergency, the medical personnel, the

493

employer of the medical personnel acting on behalf of the

494

employee, or the nonmedical personnel may seek a court order

495

directing the source of the exposure to submit to HIV testing.  A

496

sworn statement by a physician licensed under chapter 458 or

497

chapter 459 that a significant exposure has occurred and that, in

498

the physician's medical judgment, testing is medically necessary

499

to determine the course of treatment constitutes probable cause

500

for the issuance of an order by the court.  The results of the

501

test shall be released to the source of the exposure and to the

502

person who experienced the exposure.

503

     12.  For the performance of an HIV test by the medical

504

examiner or attending physician upon an individual who expired or

505

could not be resuscitated while receiving emergency medical

506

assistance or care and who was the source of a significant

507

exposure to medical or nonmedical personnel providing such

508

assistance or care.

509

     a.  HIV testing may be conducted only after a licensed

510

physician documents in the medical record of the medical

511

personnel or nonmedical personnel that there has been a

512

significant exposure and that, in the physician's medical

513

judgment, the information is medically necessary to determine the

514

course of treatment for the medical personnel or nonmedical

515

personnel.

516

     b.  Costs of any HIV test performed under this subparagraph

517

may not be charged to the deceased or to the family of the

518

deceased person.

519

     c.  For the provisions of this subparagraph to be

520

applicable, the medical personnel or nonmedical personnel must be

521

tested for HIV under this section or must provide the results of

522

an HIV test taken within 6 months before the significant exposure

523

if such test results are negative.

524

     d.  A person who receives the results of an HIV test

525

pursuant to this subparagraph shall comply with paragraph (e).

526

     13.  For the performance of an HIV-related test medically

527

indicated by licensed medical personnel for medical diagnosis of

528

a hospitalized infant as necessary to provide appropriate care

529

and treatment of the infant when, after a reasonable attempt, a

530

parent cannot be contacted to provide consent. The medical

531

records of the infant shall reflect the reason consent of the

532

parent was not initially obtained.  Test results shall be

533

provided to the parent when the parent is located.

534

     14.  For the performance of HIV testing conducted to monitor

535

the clinical progress of a patient previously diagnosed to be HIV

536

positive.

537

     15.  For the performance of repeated HIV testing conducted

538

to monitor possible conversion from a significant exposure.

539

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