September 30, 2020
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310953
 (LATE FILED)Amendment
Bill No. 1399
Amendment No. 310953
CHAMBER ACTION
Senate House
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1Representative(s) Gannon offered the following:
2
3     Amendment (with title amendment)
4     Remove line(s) 72-363 and insert:
5     2.  Those exceptions provided for blood, plasma, organs,
6skin, semen, or other human tissue pursuant to s. 381.0041.
7     3.  For the performance of an HIV-related test by licensed
8medical personnel in bona fide medical emergencies when the test
9results are necessary for medical diagnostic purposes to provide
10appropriate emergency care or treatment to the person being
11tested and the patient is unable to consent, as supported by
12documentation in the medical record. Notification of test
13results in accordance with paragraph (c) is required.
14     4.  For the performance of an HIV-related test by licensed
15medical personnel for medical diagnosis of acute illness where,
16in the opinion of the attending physician, obtaining informed
17consent would be detrimental to the patient, as supported by
18documentation in the medical record, and the test results are
19necessary for medical diagnostic purposes to provide appropriate
20care or treatment to the person being tested. Notification of
21test results in accordance with paragraph (c) is required if it
22would not be detrimental to the patient. This subparagraph does
23not authorize the routine testing of patients for HIV infection
24without informed consent.
25     5.  When HIV testing is performed as part of an autopsy for
26which consent was obtained pursuant to s. 872.04.
27     6.  For the performance of an HIV test upon a defendant
28pursuant to the victim's request in a prosecution for any type
29of sexual battery where a blood sample is taken from the
30defendant voluntarily, pursuant to court order for any purpose,
31or pursuant to the provisions of s. 775.0877, s. 951.27, or s.
32960.003; however, the results of any HIV test performed shall be
33disclosed solely to the victim and the defendant, except as
34provided in ss. 775.0877, 951.27, and 960.003.
35     7.  When an HIV test is mandated by court order.
36     8.  For epidemiological research pursuant to s. 381.0032,
37for research consistent with institutional review boards created
38by 45 C.F.R. part 46, or for the performance of an HIV-related
39test for the purpose of research, if the testing is performed in
40a manner by which the identity of the test subject is not known
41and may not be retrieved by the researcher.
42     9.  When human tissue is collected lawfully without the
43consent of the donor for corneal removal as authorized by s.
44765.5185 or enucleation of the eyes as authorized by s. 765.519.
45     10.  For the performance of an HIV test upon an individual
46who comes into contact with medical personnel in such a way that
47a significant exposure has occurred during the course of
48employment or within the scope of practice and where a blood
49sample is available that was taken from that individual
50voluntarily by medical personnel for other purposes. The term
51"medical personnel" includes a licensed or certified health care
52professional; an employee of a health care professional or
53health care facility; employees of a laboratory licensed under
54chapter 483; personnel of a blood bank or plasma center; a
55medical student or other student who is receiving training as a
56health care professional at a health care facility; and a
57paramedic or emergency medical technician certified by the
58department to perform life-support procedures under s. 401.23.
59     a.  Prior to performance of an HIV test on a voluntarily
60obtained blood sample, the individual from whom the blood was
61obtained shall be requested to consent to the performance of the
62test and to the release of the results. The individual's refusal
63to consent and all information concerning the performance of an
64HIV test and any HIV test result shall be documented only in the
65medical personnel's record unless the individual gives written
66consent to entering this information on the individual's medical
67record.
68     b.  Reasonable attempts to locate the individual and to
69obtain consent shall be made, and all attempts must be
70documented. If the individual cannot be found, an HIV test may
71be conducted on the available blood sample. If the individual
72does not voluntarily consent to the performance of an HIV test,
73the individual shall be informed that an HIV test will be
74performed, and counseling shall be furnished as provided in this
75section. However, HIV testing shall be conducted only after a
76licensed physician documents, in the medical record of the
77medical personnel, that there has been a significant exposure
78and that, in the physician's medical judgment, the information
79is medically necessary to determine the course of treatment for
80the medical personnel.
81     c.  Costs of any HIV test of a blood sample performed with
82or without the consent of the individual, as provided in this
83subparagraph, shall be borne by the medical personnel or the
84employer of the medical personnel. However, costs of testing or
85treatment not directly related to the initial HIV tests or costs
86of subsequent testing or treatment shall not be borne by the
87medical personnel or the employer of the medical personnel.
88     d.  In order to utilize the provisions of this
89subparagraph, the medical personnel must either be tested for
90HIV pursuant to this section or provide the results of an HIV
91test taken within 6 months prior to the significant exposure if
92such test results are negative.
93     e.  A person who receives the results of an HIV test
94pursuant to this subparagraph shall maintain the confidentiality
95of the information received and of the persons tested. Such
96confidential information is exempt from s. 119.07(1).
97     f.  If the source of the exposure will not voluntarily
98submit to HIV testing and a blood sample is not available, the
99medical personnel or the employer of such person acting on
100behalf of the employee may seek a court order directing the
101source of the exposure to submit to HIV testing. A sworn
102statement by a physician licensed under chapter 458 or chapter
103459 that a significant exposure has occurred and that, in the
104physician's medical judgment, testing is medically necessary to
105determine the course of treatment constitutes probable cause for
106the issuance of an order by the court. The results of the test
107shall be released to the source of the exposure and to the
108person who experienced the exposure.
109     11.  For the performance of an HIV test upon an individual
110who comes into contact with medical personnel in such a way that
111a significant exposure has occurred during the course of
112employment or within the scope of practice of the medical
113personnel while the medical personnel provides emergency medical
114treatment to the individual; or who comes into contact with
115nonmedical personnel in such a way that a significant exposure
116has occurred while the nonmedical personnel provides emergency
117medical assistance during a medical emergency. For the purposes
118of this subparagraph, a medical emergency means an emergency
119medical condition outside of a hospital or health care facility
120that provides physician care. The test may be performed only
121during the course of treatment for the medical emergency.
122     a.  An individual who is capable of providing consent shall
123be requested to consent to an HIV test prior to the testing. The
124individual's refusal to consent, and all information concerning
125the performance of an HIV test and its result, shall be
126documented only in the medical personnel's record unless the
127individual gives written consent to entering this information on
128the individual's medical record.
129     b.  HIV testing shall be conducted only after a licensed
130physician documents, in the medical record of the medical
131personnel or nonmedical personnel, that there has been a
132significant exposure and that, in the physician's medical
133judgment, the information is medically necessary to determine
134the course of treatment for the medical personnel or nonmedical
135personnel.
136     c.  Costs of any HIV test performed with or without the
137consent of the individual, as provided in this subparagraph,
138shall be borne by the medical personnel or the employer of the
139medical personnel or nonmedical personnel. However, costs of
140testing or treatment not directly related to the initial HIV
141tests or costs of subsequent testing or treatment shall not be
142borne by the medical personnel or the employer of the medical
143personnel or nonmedical personnel.
144     d.  In order to utilize the provisions of this
145subparagraph, the medical personnel or nonmedical personnel
146shall be tested for HIV pursuant to this section or shall
147provide the results of an HIV test taken within 6 months prior
148to the significant exposure if such test results are negative.
149     e.  A person who receives the results of an HIV test
150pursuant to this subparagraph shall maintain the confidentiality
151of the information received and of the persons tested. Such
152confidential information is exempt from s. 119.07(1).
153     f.  If the source of the exposure will not voluntarily
154submit to HIV testing and a blood sample was not obtained during
155treatment for the medical emergency, the medical personnel, the
156employer of the medical personnel acting on behalf of the
157employee, or the nonmedical personnel may seek a court order
158directing the source of the exposure to submit to HIV testing. A
159sworn statement by a physician licensed under chapter 458 or
160chapter 459 that a significant exposure has occurred and that,
161in the physician's medical judgment, testing is medically
162necessary to determine the course of treatment constitutes
163probable cause for the issuance of an order by the court. The
164results of the test shall be released to the source of the
165exposure and to the person who experienced the exposure.
166     12.  For the performance of an HIV test by the medical
167examiner or attending physician upon an individual who expired
168or could not be resuscitated while receiving emergency medical
169assistance or care and who was the source of a significant
170exposure to medical or nonmedical personnel providing such
171assistance or care.
172     a.  HIV testing may be conducted only after a licensed
173physician documents in the medical record of the medical
174personnel or nonmedical personnel that there has been a
175significant exposure and that, in the physician's medical
176judgment, the information is medically necessary to determine
177the course of treatment for the medical personnel or nonmedical
178personnel.
179     b.  Costs of any HIV test performed under this subparagraph
180may not be charged to the deceased or to the family of the
181deceased person.
182     c.  For the provisions of this subparagraph to be
183applicable, the medical personnel or nonmedical personnel must
184be tested for HIV under this section or must provide the results
185of an HIV test taken within 6 months before the significant
186exposure if such test results are negative.
187     d.  A person who receives the results of an HIV test
188pursuant to this subparagraph shall comply with paragraph (e).
189     13.  For the performance of an HIV-related test medically
190indicated by licensed medical personnel for medical diagnosis of
191a hospitalized infant as necessary to provide appropriate care
192and treatment of the infant when, after a reasonable attempt, a
193parent cannot be contacted to provide consent. The medical
194records of the infant shall reflect the reason consent of the
195parent was not initially obtained. Test results shall be
196provided to the parent when the parent is located.
197     14.  For the performance of HIV testing conducted to
198monitor the clinical progress of a patient previously diagnosed
199to be HIV positive.
200     15.  For the performance of repeated HIV testing conducted
201to monitor possible conversion from a significant exposure.
202     Section 2.  Section 384.25, Florida Statutes, is amended to
203read:
204     384.25  Reporting required.--
205     (1)  Each person who makes a diagnosis of or treats a
206person with a sexually transmissible disease and each laboratory
207that performs a test for a sexually transmissible disease which
208either concludes with a positive result for a sexually
209transmissible disease or a result indicative of human
210immunodeficiency virus (HIV) or acquired immune deficiency
211syndrome (AIDS) shall report such facts as may be required by
212the department by rule, within a time period as specified by
213rule of the department, but in no case to exceed 2 weeks.
214     (2)  The department shall adopt rules specifying the
215information required in and the maximum a minimum time period
216for reporting a sexually transmissible disease. In adopting such
217rules, the department shall consider the need for information,
218protections for the privacy and confidentiality of the patient,
219and the practical ability of persons and laboratories to report
220in a reasonable fashion.
221     (3)  To ensure the confidentiality of persons infected with
222the human immunodeficiency virus (HIV), reporting of HIV
223infection and AIDS acquired immune deficiency syndrome (AIDS)
224must be conducted using a system the HIV/AIDS Reporting System
225(HARS) developed by the Centers for Disease Control and
226Prevention of the United States Public Health Service or an
227equivalent system.
228     (a)  The department shall adopt rules requiring each
229physician and laboratory to report any newborn or infant up to
23018 months of age who has been exposed to HIV. Such rules may
231include the method and time period for reporting which may not
232exceed 2 weeks, information to be included in the report,
233enforcement requirements, and followup activities by the
234department.
235     (3)  The department shall require reporting of physician
236diagnosed cases of AIDS based upon diagnostic criteria from the
237Centers for Disease Control and Prevention.
238     (b)(4)  The department may require physician and laboratory
239reporting of HIV infection. However, only reports of HIV
240infection identified on or after the effective date of the rule
241developed by the department pursuant to this subsection shall be
242accepted. The reporting may not affect or relate to anonymous
243HIV testing programs conducted pursuant to s. 381.004(4) or to
244university-based medical research protocols as determined by the
245department.
246     (c)(5)  After notification of the test subject under
247subsection (4), the department may, with the consent of the test
248subject, notify school superintendents of students and school
249personnel whose HIV tests are positive.
250     (6)  The department shall by February 1 of each year submit
251to the Legislature an annual report relating to all information
252obtained pursuant to this section.
253     (4)(7)  Each person who violates the provisions of this
254section or the rules adopted hereunder may be fined by the
255department up to $500 for each offense. The department shall
256report each violation of this section to the regulatory agency
257responsible for licensing each health care professional and each
258laboratory to which these provisions apply.
259     Section 3.  Section 384.31, Florida Statutes, is amended to
260read:
261     384.31  Serological testing of pregnant women; duty of the
262attendant.--
263     (1)  Every person, including every physician licensed under
264chapter 458 or chapter 459 or midwife licensed under part I of
265chapter 464 or chapter 467, attending a pregnant woman for
266conditions relating to pregnancy during the period of gestation
267and delivery shall take or cause the woman to be tested for
268sexually transmissible diseases, including HIV, as taken a
269sample of venous blood at a time or times specified by the
270department rule. Testing Each sample of blood shall be conducted
271tested by a laboratory approved for such purposes under part I
272of chapter 483 for sexually transmissible diseases as required
273by rule of the department.
274     (2)  At the time the venous blood sample is taken, testing
275for human immunodeficiency virus (HIV) infection shall be
276offered to each pregnant woman. The prevailing professional
277standard of care in this state requires each health care
278provider and midwife who attends a pregnant woman to counsel the
279woman to be tested for human immunodeficiency virus (HIV).
280Counseling shall include a discussion of the availability of
281treatment if the pregnant woman tests HIV positive. If a
282pregnant woman objects to HIV testing, reasonable steps shall be
283taken to obtain a written statement of such objection, signed by
284the patient, which shall be placed in the patient's medical
285record. Every person, including every physician licensed under
286chapter 458 or chapter 459 or midwife licensed under part I of
287chapter 464 or chapter 467, who attends a pregnant woman who has
288been offered and objects to HIV testing shall be immune from
289liability arising out of or related to the contracting of HIV
290infection or acquired immune deficiency syndrome (AIDS) by the
291child from the mother.
292
293================ T I T L E  A M E N D M E N T =============
294     Remove line(s) 5-20 and insert:
295amending s. 384.25, F.S.; requiring certain positive test
296results to be reported to the Department of Health within
297a specified period of time; revising provisions relating
298to method of reporting of test results, time period during
299which the reports must be made, content of reports,
300enforcement requirements, and followup activities and
301requiring the department to adopt rules therefor; deleting
302requirement that the department submit certain reports;
303amending s. 384.31, F.S.; requiring testing of pregnant
304women for sexually transmissible diseases; providing an
305effective date.


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