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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ERICKSON, RAFFERTY, M. WHITE, WAUGH, VANCE, COSTA, BOSCOLA, EARLL AND GREENLEAF, JANUARY 26, 2011 |
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| REFERRED TO PUBLIC HEALTH AND WELFARE, JANUARY 26, 2011 |
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| AN ACT |
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1 | Amending the act of November 29, 1990 (P.L.585, No.148), |
2 | entitled "An act providing for confidentiality of certain |
3 | records; providing for the authorized sharing of certain |
4 | information; providing for written consent prior to an HIV- |
5 | related test, with certain exceptions; providing for civil |
6 | immunity for certain licensed physicians; providing for |
7 | protective procedures and equipment; and creating a civil |
8 | cause of action," further providing for legislative intent, |
9 | for consent to HIV-related tests and for counseling. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Sections 2(c), 5(a) and (b) and 6(b)(1) of the |
13 | act of November 29, 1990 (P.L.585, No.148), known as the |
14 | Confidentiality of HIV-Related Information Act, are amended to |
15 | read: |
16 | Section 2. Legislative intent. |
17 | * * * |
18 | (c) Intent.--It is the intent of the General Assembly to |
19 | promote confidential testing on an informed and voluntary basis |
20 | in order to encourage those most in need to obtain testing and |
21 | appropriate counseling[.] and to better serve the public health |
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1 | by making HIV testing a routine part of general medical care, as |
2 | recommended by the Centers for Disease Control and Prevention. |
3 | * * * |
4 | Section 5. Consent to HIV-related test. |
5 | (a) Consent.-- |
6 | (1) Except as provided in section 6 with respect to the |
7 | involuntary testing of a source patient, no HIV-related test |
8 | shall be performed without first obtaining the informed |
9 | [written] documented consent of the subject. Any consent |
10 | shall be preceded by an explanation of the test, including |
11 | its purpose, potential uses, limitations and the meaning of |
12 | its results. |
13 | (2) A health care provider may offer opt-out HIV |
14 | testing, where the subject is informed that the subject will |
15 | be tested for HIV unless the subject refuses. |
16 | (3) The health care provider shall document the |
17 | provision of informed consent, including pre-test |
18 | information, and whether the subject declined the offer of |
19 | HIV testing. |
20 | [(b) Pretest counseling.--No HIV-related test may be |
21 | performed without first making available to the subject |
22 | information regarding measures for the prevention of, exposure |
23 | to and transmission of HIV.] |
24 | * * * |
25 | Section 6. Certification of significant exposure and testing |
26 | procedures. |
27 | * * * |
28 | (b) Opportunity for source patient to consent.-- |
29 | (1) In the event that an exposed individual health care |
30 | provider or first responder is certified to have experienced |
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1 | a significant exposure and has submitted to an HIV-related |
2 | test, no testing shall be performed on a source patient's |
3 | available blood unless the certifying physician provides a |
4 | copy of the written certification of significant exposure to |
5 | the source patient's physician or institutional health care |
6 | provider in possession of the available blood and the source |
7 | patient's physician or institutional health care provider has |
8 | made a good faith effort to: |
9 | (i) Notify the source patient or substitute |
10 | decisionmaker of the significant exposure. |
11 | (ii) Seek the source patient's voluntary informed |
12 | consent to the HIV-related testing as specified in |
13 | section 5(a). |
14 | [(iii) Provide counseling as required under section |
15 | 5(b).] |
16 | * * * |
17 | Section 2. This act shall take effect in 60 days. |
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