PRIOR PRINTER'S NO. 3157 PRINTER'S NO. 3341
No. 2422 Session of 1996
INTRODUCED BY LAWLESS, KENNEY, COLAIZZO, TIGUE, O'BRIEN, ADOLPH,
MICOZZIE, CLYMER, WOZNIAK, CIVERA, LLOYD, CORPORA, JAROLIN,
DeLUCA, MICHLOVIC, COLAFELLA, TRELLO, YOUNGBLOOD AND
CHADWICK, FEBRUARY 16, 1996
AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 26, 1996
AN ACT
1 Amending Title 5 (Athletics and Sports) of the Pennsylvania
2 Consolidated Statutes, providing for HIV-related testing for
3 boxers.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 709(a) of Title 5 of the Pennsylvania
7 Consolidated Statutes is amended and the section is amended by
8 adding a subsection to read:
9 § 709. Medical examinations.
10 (a) Prefight examination.--In addition to any other
11 examination required by this subpart or the rules and
12 regulations promulgated under this subpart, each boxer shall be
13 examined by the attending physician within two hours before he
14 enters the ring. If, in the opinion of the physician, any boxer
15 is physically or mentally unfit to proceed, the physician shall
16 notify the person in charge, who shall immediately cancel the
17 contest or exhibition. Each boxer shall submit to an HIV-related
1 test prior to the boxer's participation in a contest or <--
2 exhibition. A boxer is not permitted to participate in a contest
3 or exhibition if the HIV-related test result is positive, if the
4 boxer refuses to submit to the test or fails to provide a
5 written consent to disclosure to the commission. The test shall
6 be administered in accordance with the provisions of the act of
7 November 29, 1990 (P.L.585, No.148), known as the
8 Confidentiality of HIV-Related Information Act. TEST WITHIN 30 <--
9 DAYS PRIOR TO THE BOXER'S PARTICIPATION IN A PROFESSIONAL
10 CONTEST. A BOXER MAY NOT PARTICIPATE IN A PROFESSIONAL CONTEST
11 IF THE HIV-RELATED TEST RESULT IS POSITIVE, IF THE BOXER REFUSES
12 TO SUBMIT TO THE TEST OR FAILS TO PROVIDE A WRITTEN CONSENT TO
13 DISCLOSURE TO THE COMMISSION. THE TEST PROCEDURE MAY BE
14 ADMINISTERED BY THE BOXER'S PHYSICIAN OR THE PREFIGHT PHYSICIAN.
15 THE CLINICAL TESTING SHALL BE PERFORMED AT A LABORATORY CHOSEN
16 BY THE PHYSICIAN ADMINISTERING THE TEST. THE TEST SHALL BE
17 ADMINISTERED IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF
18 NOVEMBER 29, 1990 (P.L.585, NO.148), KNOWN AS THE
19 CONFIDENTIALITY OF HIV-RELATED INFORMATION ACT. ALL COSTS
20 RELATED TO THE HIV-RELATED TEST SHALL BE PAID BY THE BOXER OR
21 FIGHT PROMOTER.
22 * * *
23 (e) Definitions.--As used in this section, the following
24 words and phrases shall have the meanings given to them in this
25 subsection:
26 "HIV." The human immunodeficiency virus.
27 "HIV-related test." Any laboratory test or series of tests
28 for any virus, antibody, antigen or etiologic agent whatsoever
29 thought to cause or to indicate the presence of HIV infection.
30 Section 2. This act shall take effect in 60 days.
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