September 27, 2020
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HB 0725CS


1The Committee on Health Care recommends the following:
3     Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to human immunodeficiency virus (HIV)
7infection testing of newborn infants; amending s. 384.31,
8F.S.; requiring certain newborn infants to be tested at
9the time of delivery in accordance with applicable rules;
10requiring that such rules provide methods of testing,
11requirements for reporting of test results, a requirement
12that test results be confidential, and right of refusal;
13requiring notification of positive test results to include
14certain information on available services and on
15prevention of HIV transmission; providing an effective
18Be It Enacted by the Legislature of the State of Florida:
20     Section 1.  Section 384.31, Florida Statutes, is amended to
22     384.31  Serological testing of pregnant women and newborn
23infants; duty of the attendant.--
24     (1)  Every person, including every physician licensed under
25chapter 458 or chapter 459 or midwife licensed under part I of
26chapter 464 or chapter 467, attending a pregnant woman for
27conditions relating to pregnancy during the period of gestation
28and delivery shall take or cause to be taken a sample of venous
29blood at a time or times specified by the department.  Each
30sample of blood shall be tested by a laboratory approved for
31such purposes under part I of chapter 483 for sexually
32transmissible diseases as required by rule of the department.
33     (2)  At the time the venous blood sample is taken, testing
34for human immunodeficiency virus (HIV) infection shall be
35offered to each pregnant woman. The prevailing professional
36standard of care in this state requires each health care
37provider and midwife who attends a pregnant woman to counsel the
38woman to be tested for human immunodeficiency virus (HIV).
39Counseling shall include a discussion of the availability of
40treatment if the pregnant woman tests HIV positive. If a
41pregnant woman objects to HIV testing, reasonable steps shall be
42taken to obtain a written statement of such objection, signed by
43the patient, which shall be placed in the patient's medical
44record. Every person, including every physician licensed under
45chapter 458 or chapter 459 or midwife licensed under part I of
46chapter 464 or chapter 467, who attends a pregnant woman who has
47been offered and objects to HIV testing shall be immune from
48liability arising out of or related to the contracting of HIV
49infection or acquired immune deficiency syndrome (AIDS) by the
50child from the mother.
51     (3)  Notwithstanding s. 381.004(3)(a) and (b), every
52newborn infant whose mother's HIV status is not documented in
53the medical record shall be tested for HIV at the time of
54delivery as required by rule of the department. Such rule shall
55set forth acceptable methods of testing, requirements for the
56reporting of test results to the mother and the department, a
57requirement that the test results otherwise be confidential, and
58the right of the mother to refuse testing of the infant.
59Notification to the mother of an infant's positive test result
60must include information on the availability of appropriate
61medical and support services for the infant and on preventing
62the transmission of HIV.
63     Section 2.  This act shall take effect July 1, 2004.

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