September 21, 2020
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Bill Text: HB 0725
HB 0725 2004
1 A bill to be entitled
2          An act relating to human immunodeficiency virus (HIV)
3    infection testing of newborn infants; amending s. 384.31,
4    F.S.; requiring all newborn infants to be tested at the
5    time of delivery for HIV infection; providing for
6    notification to the mother of the infant's HIV test
7    results; requiring that information be provided to the
8    mother about medical and support services if the infant's
9    test results are positive; providing an exemption from
10    testing requirements based on the religious beliefs of the
11    parent or legal guardian; providing an effective date.
13          Be It Enacted by the Legislature of the State of Florida:
15          Section 1. Section 384.31, Florida Statutes, is amended to
16    read:
17          384.31 Serological testing of pregnant women and newborn
18    infants; duty of the attendant.--
19          (1) Every person, including every physician licensed under
20    chapter 458 or chapter 459 or midwife licensed under part I of
21    chapter 464 or chapter 467, attending a pregnant woman for
22    conditions relating to pregnancy during the period of gestation
23    and delivery shall take or cause to be taken a sample of venous
24    blood at a time or times specified by the department. Each
25    sample of blood shall be tested by a laboratory approved for
26    such purposes under part I of chapter 483 for sexually
27    transmissible diseases as required by rule of the department.
28          (2) At the time the venous blood sample is taken, testing
29    for human immunodeficiency virus (HIV) infection shall be
30    offered to each pregnant woman. The prevailing professional
31    standard of care in this state requires each health care
32    provider and midwife who attends a pregnant woman to counsel the
33    woman to be tested for human immunodeficiency virus (HIV).
34    Counseling shall include a discussion of the availability of
35    treatment if the pregnant woman tests HIV positive. If a
36    pregnant woman objects to HIV testing, reasonable steps shall be
37    taken to obtain a written statement of such objection, signed by
38    the patient, which shall be placed in the patient's medical
39    record. Every person, including every physician licensed under
40    chapter 458 or chapter 459 or midwife licensed under part I of
41    chapter 464 or chapter 467, who attends a pregnant woman who has
42    been offered and objects to HIV testing shall be immune from
43    liability arising out of or related to the contracting of HIV
44    infection or acquired immune deficiency syndrome (AIDS) by the
45    child from the mother.
46          (3) A venous blood sample shall be taken from every
47    newborn infant at the time of delivery and the blood sample
48    shall be tested for human immunodeficiency virus (HIV)
49    infection. Thereafter, the person ordering the test, or that
50    person's designee, shall ensure that all reasonable efforts are
51    made to notify the mother of her newborn infant's test result.
52    Notification to the mother of a positive test result must
53    include information on the availability of appropriate medical
54    and support services for the infant and on preventing the
55    transmission of HIV. This subsection does not apply if the
56    parent or legal guardian of any newborn infant objects in
57    writing that such testing is contrary to the religious tenets
58    and practices of said parent or legal guardian.
59          Section 2. This act shall take effect July 1, 2004.
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