January 22, 2021
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       Florida Senate - 2010                                    SB 1220
       
       
       
       By Senator Wilson
       
       
       
       
       33-00943-10                                           20101220__
    1                        A bill to be entitled                      
    2         An act relating to the testing of children for
    3         infectious diseases in certain juvenile detention
    4         facilities or juvenile assessment centers; creating s.
    5         985.1351, F.S.; requiring each juvenile assessment
    6         center or juvenile detention facility to have a
    7         written procedure regarding the testing of juveniles
    8         for infectious diseases; requiring the Department of
    9         Health to designate certain counties, if approved by
   10         the county’s governing body, to participate in a
   11         program to test each juvenile for HIV who is referred
   12         to or who is under the supervision of the Department
   13         of Juvenile Justice; requiring certain juvenile
   14         assessment centers or juvenile detention facilities to
   15         comply with certain requirements regarding the release
   16         of juveniles who are HIV positive; requiring the
   17         disclosure of certain juveniles’ HIV tests under
   18         certain circumstances; providing that any serologic
   19         blood test results of a juvenile is part of the
   20         juvenile’s permanent medical file; providing sovereign
   21         immunity to certain state agencies or employees for
   22         negligently causing death or personal injury arising
   23         out of compliance with the act; amending s. 381.004,
   24         F.S.; providing that informed consent is not required
   25         for an HIV test of a juvenile which is performed
   26         during the intake process at a juvenile assessment
   27         center or juvenile detention facility; providing an
   28         effective date.
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 985.1351, Florida Statutes, is created
   33  to read:
   34         985.1351Blood test of a child referred to or under the
   35  supervision of the department.—
   36         (1) Each juvenile assessment center or juvenile detention
   37  facility shall have a written procedure, developed in
   38  consultation with a facility medical provider, establishing
   39  conditions under which a child who is referred to or under the
   40  supervision of the department will be tested for infectious
   41  diseases, including human immunodeficiency virus, which
   42  procedure must be consistent with guidelines of the Centers for
   43  Disease Control and Prevention and recommendations of the
   44  Correctional Medical Authority. It is not unlawful for the
   45  person receiving the test results to divulge the test results to
   46  the child’s parents, guardian, or legal custodian or to the
   47  juvenile probation officer assigned to the child.
   48         (2)(a) The Department of Health shall designate two
   49  counties having a population of 1.2 million or more and five
   50  counties having a population of fewer than 1.2 million to
   51  participate in the testing program provided in this subsection,
   52  if participation in the testing program is authorized by a
   53  majority of the county’s governing body. Each juvenile
   54  assessment center or juvenile detention facility that lies
   55  within the authority of any participating county shall,
   56  consistent with s. 381.004(3), perform an HIV test as defined in
   57  s. 381.004(2) during the intake process on each child who is
   58  referred to or is under the supervision of the department unless
   59  the center or facility knows that the child is HIV positive. The
   60  required test must be performed within 20 days after the intake
   61  date of the child. A test is not required under this paragraph
   62  if a child who is taken into custody is released within 10 days
   63  to his or her parent, guardian, legal custodian, or, if the
   64  child’s parent, guardian, or legal custodian is not available,
   65  unwilling, or unable to provide supervision for the child, to
   66  any responsible adult pursuant to s. 985.115(2)(a).
   67         (b) Each juvenile assessment center or juvenile detention
   68  facility in a county that participates in the testing program
   69  authorized in paragraph (a) must comply with the requirements of
   70  this paragraph. If the assessment center or detention facility
   71  knows that a child who is to be released from the center or
   72  facility is HIV positive or has received a positive HIV test
   73  result, that center or facility shall, before the child is
   74  released:
   75         1. Notify, consistent with s. 381.004(3), the Department of
   76  Health and the county health department in the county where the
   77  child being released plans to reside of the release date and HIV
   78  status of the child.
   79         2. Provide special transitional assistance to the child and
   80  his or her parents, guardian, or legal custodian, which must
   81  include:
   82         a. Education on preventing the transmission of HIV to
   83  others and on the importance of receiving followup medical care
   84  and treatment.
   85         b. A written, individualized discharge plan that includes
   86  records of all laboratory and diagnostic test results,
   87  medication and treatment information, and referrals to and
   88  contacts with the county health department and local primary
   89  medical care services for the treatment of HIV infection which
   90  are available in the area where the child plans to reside.
   91         (3) Upon request of the victim or the victim’s legal
   92  guardian, or the parent or legal guardian of the victim if the
   93  victim is a minor, the results of any HIV test performed on a
   94  child who has been arrested for any sexual offense involving
   95  oral, anal, or vaginal penetration by, or union with, the sexual
   96  organ of another, shall be disclosed to the victim or the
   97  victim’s legal guardian, or to the parent or legal guardian of
   98  the victim if the victim is a minor. In such cases, the juvenile
   99  assessment center or juvenile detention facility shall furnish
  100  the test results to the Department of Health, which shall
  101  disclose the results to public health agencies as provided in s.
  102  775.0877 and to the victim or the victim’s legal guardian, or
  103  the parent or legal guardian of the victim if the victim is a
  104  minor, as provided in s. 960.003(3).
  105         (4) The results of any serologic blood test of a child are
  106  a part of that child’s permanent medical file. Upon the transfer
  107  of the child to any other juvenile assessment center or juvenile
  108  detention facility, such file shall also be transferred and all
  109  relevant authorized persons must be notified of positive HIV
  110  test results as required in s. 775.0877.
  111         (5) Notwithstanding any law providing for a waiver of
  112  sovereign immunity, the state, its agencies or subdivisions, and
  113  employees of the state, its agencies, or subdivisions, are not
  114  liable to any person for negligently causing death or personal
  115  injury arising out of compliance with this section.
  116         Section 2. Subsection (3) of section 381.004, Florida
  117  Statutes, is amended to read:
  118         381.004 HIV testing.—
  119         (3) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED CONSENT;
  120  RESULTS; COUNSELING; CONFIDENTIALITY.—
  121         (a) A No person in this state may not shall order a test
  122  designed to identify the human immunodeficiency virus, or its
  123  antigen or antibody, without first obtaining the informed
  124  consent of the person upon whom the test is being performed,
  125  except as specified in paragraph (h). Informed consent shall be
  126  preceded by an explanation of the right to confidential
  127  treatment of information identifying the subject of the test and
  128  the results of the test to the extent provided by law.
  129  Information shall also be provided on the fact that a positive
  130  HIV test result will be reported to the county health department
  131  with sufficient information to identify the test subject and on
  132  the availability and location of sites at which anonymous
  133  testing is performed. As required in paragraph (4)(c), each
  134  county health department shall maintain a list of sites at which
  135  anonymous testing is performed, including the locations, phone
  136  numbers, and hours of operation of the sites. Consent need not
  137  be in writing provided there is documentation in the medical
  138  record that the test has been explained and the consent has been
  139  obtained.
  140         (b) Except as provided in paragraph (h), informed consent
  141  must be obtained from a legal guardian or other person
  142  authorized by law when the person:
  143         1. Is not competent, is incapacitated, or is otherwise
  144  unable to make an informed judgment; or
  145         2. Has not reached the age of majority, except as provided
  146  in s. 384.30.
  147         (c) The person ordering the test or that person’s designee
  148  shall ensure that all reasonable efforts are made to notify the
  149  test subject of his or her test result. Notification of a person
  150  with a positive test result shall include information on the
  151  availability of appropriate medical and support services, on the
  152  importance of notifying partners who may have been exposed, and
  153  on preventing transmission of HIV. Notification of a person with
  154  a negative test result shall include, as appropriate,
  155  information on preventing the transmission of HIV. When testing
  156  occurs in a hospital emergency department, detention facility,
  157  or other facility and the test subject has been released before
  158  being notified of positive test results, informing the county
  159  health department for that department to notify the test subject
  160  fulfills this responsibility.
  161         (d) A positive preliminary test result may not be revealed
  162  to any person except in the following situations:
  163         1. Preliminary test results may be released to licensed
  164  physicians or the medical or nonmedical personnel subject to the
  165  significant exposure for purposes of subparagraphs (h)10., 11.,
  166  and 12.
  167         2. Preliminary test results may be released to health care
  168  providers and to the person tested when decisions about medical
  169  care or treatment of, or recommendation to, the person tested
  170  and, in the case of an intrapartum or postpartum woman, when
  171  care, treatment, or recommendations regarding her newborn,
  172  cannot await the results of confirmatory testing. Positive
  173  preliminary HIV test results may not be characterized to the
  174  patient as a diagnosis of HIV infection. Justification for the
  175  use of preliminary test results must be documented in the
  176  medical record by the health care provider who ordered the test.
  177         3. The results of rapid testing technologies shall be
  178  considered preliminary and may be released in accordance with
  179  the manufacturer’s instructions as approved by the federal Food
  180  and Drug Administration.
  181         4. Corroborating or confirmatory testing must be conducted
  182  as followup to a positive preliminary test. Results shall be
  183  communicated to the patient according to statute regardless of
  184  the outcome. Except as provided in this section, test results
  185  are confidential and exempt from the provisions of s. 119.07(1).
  186         (e) Except as provided in this section, the identity of any
  187  person upon whom a test has been performed and test results are
  188  confidential and exempt from the provisions of s. 119.07(1). A
  189  No person who has obtained or has knowledge of a test result
  190  pursuant to this section may not disclose or be compelled to
  191  disclose the identity of any person upon whom a test is
  192  performed, or the results of such a test in a manner that which
  193  permits identification of the subject of the test, except to the
  194  following persons:
  195         1. The subject of the test or the subject’s legally
  196  authorized representative.
  197         2. Any person, including third-party payors, designated in
  198  a legally effective release of the test results executed prior
  199  to or after the test by the subject of the test or the subject’s
  200  legally authorized representative. The test subject may in
  201  writing authorize the disclosure of the test subject’s HIV test
  202  results to third party payors, who need not be specifically
  203  identified, and to other persons to whom the test subject
  204  subsequently issues a general release of medical information. A
  205  general release without such prior written authorization is not
  206  sufficient to release HIV test results.
  207         3. An authorized agent or employee of a health facility or
  208  health care provider if the health facility or health care
  209  provider itself is authorized to obtain the test results, the
  210  agent or employee participates in the administration or
  211  provision of patient care or handles or processes specimens of
  212  body fluids or tissues, and the agent or employee has a need to
  213  know such information. The department shall adopt a rule
  214  defining which persons have a need to know pursuant to this
  215  subparagraph.
  216         4. Health care providers consulting between themselves or
  217  with health care facilities to determine diagnosis and
  218  treatment. For purposes of this subparagraph, health care
  219  providers shall include licensed health care professionals
  220  employed by or associated with state, county, or municipal
  221  detention facilities when such health care professionals are
  222  acting exclusively for the purpose of providing diagnoses or
  223  treatment of persons in the custody of such facilities.
  224         5. The department, in accordance with rules for reporting
  225  and controlling the spread of disease, as otherwise provided by
  226  state law.
  227         6. A health facility or health care provider which
  228  procures, processes, distributes, or uses:
  229         a. A human body part from a deceased person, with respect
  230  to medical information regarding that person; or
  231         b. Semen provided prior to July 6, 1988, for the purpose of
  232  artificial insemination.
  233         7. Health facility staff committees, for the purposes of
  234  conducting program monitoring, program evaluation, or service
  235  reviews pursuant to chapters 395 and 766.
  236         8. Authorized medical or epidemiological researchers who
  237  may not further disclose any identifying characteristics or
  238  information.
  239         9. A person allowed access by a court order which is issued
  240  in compliance with the following provisions:
  241         a. A No court of this state may not shall issue such order
  242  unless the court finds that the person seeking the test results
  243  has demonstrated a compelling need for the test results which
  244  cannot be accommodated by other means. In assessing compelling
  245  need, the court shall weigh the need for disclosure against the
  246  privacy interest of the test subject and the public interest
  247  which may be disserved by disclosure which deters blood, organ,
  248  and semen donation and future human immunodeficiency virus
  249  related testing or which may lead to discrimination. This
  250  paragraph shall not apply to blood bank donor records.
  251         b. Pleadings pertaining to disclosure of test results shall
  252  substitute a pseudonym for the true name of the subject of the
  253  test. The disclosure to the parties of the subject’s true name
  254  shall be communicated confidentially in documents not filed with
  255  the court.
  256         c. Before granting any such order, the court shall provide
  257  the individual whose test result is in question with notice and
  258  a reasonable opportunity to participate in the proceedings if he
  259  or she is not already a party.
  260         d. Court proceedings as to disclosure of test results shall
  261  be conducted in camera, unless the subject of the test agrees to
  262  a hearing in open court or unless the court determines that a
  263  public hearing is necessary to the public interest and the
  264  proper administration of justice.
  265         e. Upon the issuance of an order to disclose test results,
  266  the court shall impose appropriate safeguards against
  267  unauthorized disclosure which shall specify the persons who may
  268  have access to the information, the purposes for which the
  269  information shall be used, and appropriate prohibitions on
  270  future disclosure.
  271         10. A person allowed access by order of a judge of
  272  compensation claims of the Division of Administrative Hearings.
  273  A judge of compensation claims shall not issue such order unless
  274  he or she finds that the person seeking the test results has
  275  demonstrated a compelling need for the test results which cannot
  276  be accommodated by other means.
  277         11. Those employees of the department or of child-placing
  278  or child-caring agencies or of family foster homes, licensed
  279  pursuant to s. 409.175, who are directly involved in the
  280  placement, care, control, or custody of such test subject and
  281  who have a need to know such information; adoptive parents of
  282  such test subject; or any adult custodian, any adult relative,
  283  or any person responsible for the child’s welfare, if the test
  284  subject was not tested under subparagraph (b)2. and if a
  285  reasonable attempt has been made to locate and inform the legal
  286  guardian of a test result. The department shall adopt a rule to
  287  implement this subparagraph.
  288         12. Those employees of residential facilities or of
  289  community-based care programs that care for developmentally
  290  disabled persons, pursuant to chapter 393, who are directly
  291  involved in the care, control, or custody of such test subject
  292  and who have a need to know such information.
  293         13. A health care provider involved in the delivery of a
  294  child can note the mother’s HIV test results in the child’s
  295  medical record.
  296         14. Medical personnel or nonmedical personnel who have been
  297  subject to a significant exposure during the course of medical
  298  practice or in the performance of professional duties, or
  299  individuals who are the subject of the significant exposure as
  300  provided in subparagraphs (h)10.-12.
  301         15. The medical examiner shall disclose positive HIV test
  302  results to the department in accordance with rules for reporting
  303  and controlling the spread of disease.
  304         (f) Except as provided in this section, the identity of a
  305  person upon whom a test has been performed is confidential and
  306  exempt from the provisions of s. 119.07(1). A No person to whom
  307  the results of a test have been disclosed may not disclose the
  308  test results to another person except as authorized by this
  309  subsection and by ss. 951.27 and 960.003. Whenever disclosure is
  310  made pursuant to this subsection, it shall be accompanied by a
  311  statement in writing which includes the following or
  312  substantially similar language: “This information has been
  313  disclosed to you from records whose confidentiality is protected
  314  by state law. State law prohibits you from making any further
  315  disclosure of such information without the specific written
  316  consent of the person to whom such information pertains, or as
  317  otherwise permitted by state law. A general authorization for
  318  the release of medical or other information is NOT sufficient
  319  for this purpose.” An oral disclosure shall be accompanied by
  320  oral notice and followed by a written notice within 10 days,
  321  except that this notice shall not be required for disclosures
  322  made pursuant to subparagraphs (e)3. and 4.
  323         (g) Human immunodeficiency virus test results contained in
  324  the medical records of a hospital licensed under chapter 395 may
  325  be released in accordance with s. 395.3025 without being subject
  326  to the requirements of subparagraph (e)2., subparagraph (e)9.,
  327  or paragraph (f); provided the hospital has obtained written
  328  informed consent for the HIV test in accordance with provisions
  329  of this section.
  330         (h) Notwithstanding the provisions of paragraph (a),
  331  informed consent is not required:
  332         1. When testing for sexually transmissible diseases is
  333  required by state or federal law, or by rule including the
  334  following situations:
  335         a. HIV testing pursuant to s. 796.08 of persons convicted
  336  of prostitution or of procuring another to commit prostitution.
  337         b. HIV testing of inmates pursuant to s. 945.355 prior to
  338  their release from prison by reason of parole, accumulation of
  339  gain-time credits, or expiration of sentence.
  340         c. Testing for HIV by a medical examiner in accordance with
  341  s. 406.11.
  342         d. HIV testing of pregnant women pursuant to s. 384.31.
  343         e. HIV testing of children who are referred to or who are
  344  under the supervision of the Department of Juvenile Justice
  345  under s. 985.1351 during the intake process at a juvenile
  346  assessment center or juvenile detention facility.
  347         2. Those exceptions provided for blood, plasma, organs,
  348  skin, semen, or other human tissue pursuant to s. 381.0041.
  349         3. For the performance of an HIV-related test by licensed
  350  medical personnel in bona fide medical emergencies when the test
  351  results are necessary for medical diagnostic purposes to provide
  352  appropriate emergency care or treatment to the person being
  353  tested and the patient is unable to consent, as supported by
  354  documentation in the medical record. Notification of test
  355  results in accordance with paragraph (c) is required.
  356         4. For the performance of an HIV-related test by licensed
  357  medical personnel for medical diagnosis of acute illness where,
  358  in the opinion of the attending physician, obtaining informed
  359  consent would be detrimental to the patient, as supported by
  360  documentation in the medical record, and the test results are
  361  necessary for medical diagnostic purposes to provide appropriate
  362  care or treatment to the person being tested. Notification of
  363  test results in accordance with paragraph (c) is required if it
  364  would not be detrimental to the patient. This subparagraph does
  365  not authorize the routine testing of patients for HIV infection
  366  without informed consent.
  367         5. When HIV testing is performed as part of an autopsy for
  368  which consent was obtained pursuant to s. 872.04.
  369         6. For the performance of an HIV test upon a defendant
  370  pursuant to the victim’s request in a prosecution for any type
  371  of sexual battery where a blood sample is taken from the
  372  defendant voluntarily, pursuant to court order for any purpose,
  373  or pursuant to the provisions of s. 775.0877, s. 951.27, or s.
  374  960.003; however, the results of any HIV test performed shall be
  375  disclosed solely to the victim and the defendant, except as
  376  provided in ss. 775.0877, 951.27, and 960.003.
  377         7. When an HIV test is mandated by court order.
  378         8. For epidemiological research pursuant to s. 381.0032,
  379  for research consistent with institutional review boards created
  380  by 45 C.F.R. part 46, or for the performance of an HIV-related
  381  test for the purpose of research, if the testing is performed in
  382  a manner by which the identity of the test subject is not known
  383  and may not be retrieved by the researcher.
  384         9. When human tissue is collected lawfully without the
  385  consent of the donor for corneal removal as authorized by s.
  386  765.5185 or enucleation of the eyes as authorized by s. 765.519.
  387         10. For the performance of an HIV test upon an individual
  388  who comes into contact with medical personnel in such a way that
  389  a significant exposure has occurred during the course of
  390  employment or within the scope of practice and where a blood
  391  sample is available that was taken from that individual
  392  voluntarily by medical personnel for other purposes. The term
  393  “medical personnel” includes a licensed or certified health care
  394  professional; an employee of a health care professional or
  395  health care facility; employees of a laboratory licensed under
  396  chapter 483; personnel of a blood bank or plasma center; a
  397  medical student or other student who is receiving training as a
  398  health care professional at a health care facility; and a
  399  paramedic or emergency medical technician certified by the
  400  department to perform life-support procedures under s. 401.23.
  401         a. Prior to performance of an HIV test on a voluntarily
  402  obtained blood sample, the individual from whom the blood was
  403  obtained shall be requested to consent to the performance of the
  404  test and to the release of the results. If consent cannot be
  405  obtained within the time necessary to perform the HIV test and
  406  begin prophylactic treatment of the exposed medical personnel,
  407  all information concerning the performance of an HIV test and
  408  any HIV test result shall be documented only in the medical
  409  personnel’s record unless the individual gives written consent
  410  to entering this information on the individual’s medical record.
  411         b. Reasonable attempts to locate the individual and to
  412  obtain consent shall be made, and all attempts must be
  413  documented. If the individual cannot be found or is incapable of
  414  providing consent, an HIV test may be conducted on the available
  415  blood sample. If the individual does not voluntarily consent to
  416  the performance of an HIV test, the individual shall be informed
  417  that an HIV test will be performed, and counseling shall be
  418  furnished as provided in this section. However, HIV testing
  419  shall be conducted only after appropriate medical personnel
  420  under the supervision of a licensed physician documents, in the
  421  medical record of the medical personnel, that there has been a
  422  significant exposure and that, in accordance with the written
  423  protocols based on the National Centers for Disease Control and
  424  Prevention guidelines on HIV postexposure prophylaxis and in the
  425  physician’s medical judgment, the information is medically
  426  necessary to determine the course of treatment for the medical
  427  personnel.
  428         c. Costs of any HIV test of a blood sample performed with
  429  or without the consent of the individual, as provided in this
  430  subparagraph, shall be borne by the medical personnel or the
  431  employer of the medical personnel. However, costs of testing or
  432  treatment not directly related to the initial HIV tests or costs
  433  of subsequent testing or treatment may not be borne by the
  434  medical personnel or the employer of the medical personnel.
  435         d. In order to utilize the provisions of this subparagraph,
  436  the medical personnel must either be tested for HIV pursuant to
  437  this section or provide the results of an HIV test taken within
  438  6 months prior to the significant exposure if such test results
  439  are negative.
  440         e. A person who receives the results of an HIV test
  441  pursuant to this subparagraph shall maintain the confidentiality
  442  of the information received and of the persons tested. Such
  443  confidential information is exempt from s. 119.07(1).
  444         f. If the source of the exposure will not voluntarily
  445  submit to HIV testing and a blood sample is not available, the
  446  medical personnel or the employer of such person acting on
  447  behalf of the employee may seek a court order directing the
  448  source of the exposure to submit to HIV testing. A sworn
  449  statement by a physician licensed under chapter 458 or chapter
  450  459 that a significant exposure has occurred and that, in the
  451  physician’s medical judgment, testing is medically necessary to
  452  determine the course of treatment constitutes probable cause for
  453  the issuance of an order by the court. The results of the test
  454  shall be released to the source of the exposure and to the
  455  person who experienced the exposure.
  456         11. For the performance of an HIV test upon an individual
  457  who comes into contact with medical personnel in such a way that
  458  a significant exposure has occurred during the course of
  459  employment or within the scope of practice of the medical
  460  personnel while the medical personnel provides emergency medical
  461  treatment to the individual; or notwithstanding s. 384.287, an
  462  individual who comes into contact with nonmedical personnel in
  463  such a way that a significant exposure has occurred while the
  464  nonmedical personnel provides emergency medical assistance
  465  during a medical emergency. For the purposes of this
  466  subparagraph, a medical emergency means an emergency medical
  467  condition outside of a hospital or health care facility that
  468  provides physician care. The test may be performed only during
  469  the course of treatment for the medical emergency.
  470         a. An individual who is capable of providing consent shall
  471  be requested to consent to an HIV test prior to the testing. If
  472  consent cannot be obtained within the time necessary to perform
  473  the HIV test and begin prophylactic treatment of the exposed
  474  medical personnel and nonmedical personnel, all information
  475  concerning the performance of an HIV test and its result, shall
  476  be documented only in the medical personnel’s or nonmedical
  477  personnel’s record unless the individual gives written consent
  478  to entering this information on the individual’s medical record.
  479         b. HIV testing shall be conducted only after appropriate
  480  medical personnel under the supervision of a licensed physician
  481  documents, in the medical record of the medical personnel or
  482  nonmedical personnel, that there has been a significant exposure
  483  and that, in accordance with the written protocols based on the
  484  National Centers for Disease Control and Prevention guidelines
  485  on HIV postexposure prophylaxis and in the physician’s medical
  486  judgment, the information is medically necessary to determine
  487  the course of treatment for the medical personnel or nonmedical
  488  personnel.
  489         c. Costs of any HIV test performed with or without the
  490  consent of the individual, as provided in this subparagraph,
  491  shall be borne by the medical personnel or the employer of the
  492  medical personnel or nonmedical personnel. However, costs of
  493  testing or treatment not directly related to the initial HIV
  494  tests or costs of subsequent testing or treatment may not be
  495  borne by the medical personnel or the employer of the medical
  496  personnel or nonmedical personnel.
  497         d. In order to utilize the provisions of this subparagraph,
  498  the medical personnel or nonmedical personnel shall be tested
  499  for HIV pursuant to this section or shall provide the results of
  500  an HIV test taken within 6 months prior to the significant
  501  exposure if such test results are negative.
  502         e. A person who receives the results of an HIV test
  503  pursuant to this subparagraph shall maintain the confidentiality
  504  of the information received and of the persons tested. Such
  505  confidential information is exempt from s. 119.07(1).
  506         f. If the source of the exposure will not voluntarily
  507  submit to HIV testing and a blood sample was not obtained during
  508  treatment for the medical emergency, the medical personnel, the
  509  employer of the medical personnel acting on behalf of the
  510  employee, or the nonmedical personnel may seek a court order
  511  directing the source of the exposure to submit to HIV testing. A
  512  sworn statement by a physician licensed under chapter 458 or
  513  chapter 459 that a significant exposure has occurred and that,
  514  in the physician’s medical judgment, testing is medically
  515  necessary to determine the course of treatment constitutes
  516  probable cause for the issuance of an order by the court. The
  517  results of the test shall be released to the source of the
  518  exposure and to the person who experienced the exposure.
  519         12. For the performance of an HIV test by the medical
  520  examiner or attending physician upon an individual who expired
  521  or could not be resuscitated while receiving emergency medical
  522  assistance or care and who was the source of a significant
  523  exposure to medical or nonmedical personnel providing such
  524  assistance or care.
  525         a. HIV testing may be conducted only after appropriate
  526  medical personnel under the supervision of a licensed physician
  527  documents in the medical record of the medical personnel or
  528  nonmedical personnel that there has been a significant exposure
  529  and that, in accordance with the written protocols based on the
  530  National Centers for Disease Control and Prevention guidelines
  531  on HIV postexposure prophylaxis and in the physician’s medical
  532  judgment, the information is medically necessary to determine
  533  the course of treatment for the medical personnel or nonmedical
  534  personnel.
  535         b. Costs of any HIV test performed under this subparagraph
  536  may not be charged to the deceased or to the family of the
  537  deceased person.
  538         c. For the provisions of this subparagraph to be
  539  applicable, the medical personnel or nonmedical personnel must
  540  be tested for HIV under this section or must provide the results
  541  of an HIV test taken within 6 months before the significant
  542  exposure if such test results are negative.
  543         d. A person who receives the results of an HIV test
  544  pursuant to this subparagraph shall comply with paragraph (e).
  545         13. For the performance of an HIV-related test medically
  546  indicated by licensed medical personnel for medical diagnosis of
  547  a hospitalized infant as necessary to provide appropriate care
  548  and treatment of the infant when, after a reasonable attempt, a
  549  parent cannot be contacted to provide consent. The medical
  550  records of the infant shall reflect the reason consent of the
  551  parent was not initially obtained. Test results shall be
  552  provided to the parent when the parent is located.
  553         14. For the performance of HIV testing conducted to monitor
  554  the clinical progress of a patient previously diagnosed to be
  555  HIV positive.
  556         15. For the performance of repeated HIV testing conducted
  557  to monitor possible conversion from a significant exposure.
  558         Section 3. This act shall take effect July 1, 2010.

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