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Senate Bill 0144

Senate Bill sb0144

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                   SB 144

    By Senator Lynn





    7-96-04

  1                      A bill to be entitled

  2         An act relating to human immunodeficiency virus

  3         (HIV) infection testing of newborn infants;

  4         amending s. 384.31, F.S.; requiring all newborn

  5         infants to be tested at the time of delivery

  6         for HIV infection; providing for notification

  7         to the mother of the infant's HIV test results;

  8         requiring that information be provided to the

  9         mother about medical and support services if

10         the infant's test results are positive;

11         providing an effective date.

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

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15         Section 1.  Section 384.31, Florida Statutes, is

16  amended to read:

17         384.31  Serological testing of pregnant women and

18  newborn infants; duty of the attendant.--

19         (1)  Every person, including every physician licensed

20  under chapter 458 or chapter 459 or midwife licensed under

21  part I of chapter 464 or chapter 467, attending a pregnant

22  woman for conditions relating to pregnancy during the period

23  of gestation and delivery shall take or cause to be taken a

24  sample of venous blood at a time or times specified by the

25  department.  Each sample of blood shall be tested by a

26  laboratory approved for such purposes under part I of chapter

27  483 for sexually transmissible diseases as required by rule of

28  the department.

29         (2)  At the time the venous blood sample is taken,

30  testing for human immunodeficiency virus (HIV) infection shall

31  be offered to each pregnant woman. The prevailing professional

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    Florida Senate - 2004                                   SB 144
    7-96-04




 1  standard of care in this state requires each health care

 2  provider and midwife who attends a pregnant woman to counsel

 3  the woman to be tested for human immunodeficiency virus (HIV).

 4  Counseling shall include a discussion of the availability of

 5  treatment if the pregnant woman tests HIV positive. If a

 6  pregnant woman objects to HIV testing, reasonable steps shall

 7  be taken to obtain a written statement of such objection,

 8  signed by the patient, which shall be placed in the patient's

 9  medical record. Every person, including every physician

10  licensed under chapter 458 or chapter 459 or midwife licensed

11  under part I of chapter 464 or chapter 467, who attends a

12  pregnant woman who has been offered and objects to HIV testing

13  shall be immune from liability arising out of or related to

14  the contracting of HIV infection or acquired immune deficiency

15  syndrome (AIDS) by the child from the mother.

16         (3)  A venous blood sample shall be taken from every

17  newborn infant at the time of delivery and the blood sample

18  shall be tested for human immunodeficiency virus (HIV)

19  infection. Thereafter, the person ordering the test, or that

20  person's designee, shall ensure that all reasonable efforts

21  are made to notify the mother of her newborn infant's test

22  result. Notification to the mother of a positive test result

23  must include information on the availability of appropriate

24  medical and support services for the infant and on preventing

25  the transmission of HIV.

26         Section 2.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                                   SB 144
    7-96-04




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 2                          SENATE SUMMARY

 3    Requires all newborn infants to be tested at the time of
      delivery for the HIV infection. Provides for notifying
 4    the mother of the infant's HIV test results. Provides for
      informing the mother of medical and support services if
 5    her infant's test results are positive.

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

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