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Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for CS for SB 1150

375776

CHAMBER ACTION

Senate

Comm: RCS

4/22/2008

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House



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The Committee on Health and Human Services Appropriations

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(Peaden) recommended the following amendment:

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     Senate Amendment

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     Delete line(s) 116-148

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and insert:

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     (a) In any case in which a law enforcement officer;

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employee of an emergency medical transport service, private

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transport company contracting with the county, or mobile crisis

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response service; or other designated agent of the county,

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department, or the court comes into contact with or is exposed to

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body fluids, to which universal precautions apply as outlined in

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s. 381.004(2)(c), of a person being taken into custody for the

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purpose of delivering him or her to a receiving or treatment

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facility, hospital, community mental health center, or other

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facility authorized to provide mental health evaluations or

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services pursuant to this chapter, the law enforcement officer,

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employee, or agent may seek a court order directing that the

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person who is the source of the significant exposure undergo HIV

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testing. A sworn statement by the law enforcement officer,

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employee, or agent that a significant exposure has occurred

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constitutes probable cause for the issuance of the order by the

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court. The order shall direct the person to undergo HIV testing

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within 48 hours after the issuance of the court order.

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     1. The testing shall be performed in accordance with s.

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381.004.

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     2. The results of the test shall be disclosed to the law

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enforcement officer, employee, or agent no later than 2 weeks

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after the court receives the results.

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     3. The results of the test are not admissible in any

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subsequent court proceeding involving the person being

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transported.

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     (b) A law enforcement officer; employee of an emergency

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medical transport service, private transport company contracting

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with the county, or mobile crisis response service; or other

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designated agent of the county, department, or the court who

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comes into contact with or is exposed to body fluids, to which

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universal precautions apply as outlined in s. 381.004(2)(c), of a

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person being transported pursuant to this section and who

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requests HIV testing may obtain such test from his or her

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respective county health department at no cost.

4/21/2008  8:53:00 AM     603-08098-08

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

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