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Senate Bill 0144

Senate Bill sb0144c1

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

    By the Committee on Health, Aging, and Long-Term Care; and
    Senator Lynn




    317-1132-04

  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 exemption from testing

12         requirements based on the religious beliefs of

13         the parent or legal guardian; providing an

14         effective date.

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

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18         Section 1.  Section 384.31, Florida Statutes, is

19  amended to read:

20         384.31  Serological testing of pregnant women and

21  newborn infants; duty of the attendant.--

22         (1)  Every person, including every physician licensed

23  under chapter 458 or chapter 459 or midwife licensed under

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

25  woman for conditions relating to pregnancy during the period

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

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

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

29  laboratory approved for such purposes under part I of chapter

30  483 for sexually transmissible diseases as required by rule of

31  the department.

                                  1

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    Florida Senate - 2004                            CS for SB 144
    317-1132-04




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

 2  testing for human immunodeficiency virus (HIV) infection shall

 3  be offered to each pregnant woman. The prevailing professional

 4  standard of care in this state requires each health care

 5  provider and midwife who attends a pregnant woman to counsel

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

 7  Counseling shall include a discussion of the availability of

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

 9  pregnant woman objects to HIV testing, reasonable steps shall

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

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

12  medical record. Every person, including every physician

13  licensed under chapter 458 or chapter 459 or midwife licensed

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

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

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

17  the contracting of HIV infection or acquired immune deficiency

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

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

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

21  shall be tested for human immunodeficiency virus (HIV)

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

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

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

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

26  must include information on the availability of appropriate

27  medical and support services for the infant and on preventing

28  the transmission of HIV. This subsection does not apply if the

29  parent or legal guardian of any newborn infant objects in

30  writing that such testing is contrary to the religious tenets

31  and practices of the parent or legal guardian.

                                  2

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    Florida Senate - 2004                            CS for SB 144
    317-1132-04




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

 2  

 3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 4                         Senate Bill 144

 5                                 

 6  The Committee Substitute adds an exemption from newborn HIV
    testing if the parent or legal guardian objects in writing on
 7  the basis of religious tenets or practices.

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