PRINTER'S NO.  237

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

260

Session of

2011

  

  

INTRODUCED BY ERICKSON, RAFFERTY, M. WHITE, WAUGH, VANCE, COSTA, BOSCOLA, EARLL AND GREENLEAF, JANUARY 26, 2011

  

  

REFERRED TO PUBLIC HEALTH AND WELFARE, JANUARY 26, 2011  

  

  

  

AN ACT

  

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Amending the act of November 29, 1990 (P.L.585, No.148),

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entitled "An act providing for confidentiality of certain

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records; providing for the authorized sharing of certain

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information; providing for written consent prior to an HIV-

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related test, with certain exceptions; providing for civil

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immunity for certain licensed physicians; providing for

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protective procedures and equipment; and creating a civil

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cause of action," further providing for legislative intent,

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for consent to HIV-related tests and for counseling.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Sections 2(c), 5(a) and (b) and 6(b)(1) of the

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act of November 29, 1990 (P.L.585, No.148), known as the

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Confidentiality of HIV-Related Information Act, are amended to

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read:

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Section 2.  Legislative intent.

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* * *

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(c)  Intent.--It is the intent of the General Assembly to

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promote confidential testing on an informed and voluntary basis

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in order to encourage those most in need to obtain testing and

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appropriate counseling[.] and to better serve the public health

 


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by making HIV testing a routine part of general medical care, as

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recommended by the Centers for Disease Control and Prevention.

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* * *

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Section 5.  Consent to HIV-related test.

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(a)  Consent.--

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(1)  Except as provided in section 6 with respect to the

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involuntary testing of a source patient, no HIV-related test

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shall be performed without first obtaining the informed

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[written] documented consent of the subject. Any consent

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shall be preceded by an explanation of the test, including

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its purpose, potential uses, limitations and the meaning of

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its results. 

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(2)  A health care provider may offer opt-out HIV

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testing, where the subject is informed that the subject will

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be tested for HIV unless the subject refuses.

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(3)  The health care provider shall document the

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provision of informed consent, including pre-test

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information, and whether the subject declined the offer of

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HIV testing.

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[(b)  Pretest counseling.--No HIV-related test may be

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performed without first making available to the subject

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information regarding measures for the prevention of, exposure

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to and transmission of HIV.]

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* * *

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Section 6.  Certification of significant exposure and testing

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procedures.

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* * *

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(b)  Opportunity for source patient to consent.--

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(1)  In the event that an exposed individual health care

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provider or first responder is certified to have experienced

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a significant exposure and has submitted to an HIV-related

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test, no testing shall be performed on a source patient's

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available blood unless the certifying physician provides a

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copy of the written certification of significant exposure to

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the source patient's physician or institutional health care

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provider in possession of the available blood and the source

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patient's physician or institutional health care provider has

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made a good faith effort to:

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(i)  Notify the source patient or substitute

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decisionmaker of the significant exposure.

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(ii)  Seek the source patient's voluntary informed

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consent to the HIV-related testing as specified in

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section 5(a).

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[(iii)  Provide counseling as required under section

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5(b).]

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* * *

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Section 2.  This act shall take effect in 60 days.

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