Regular Session 2017-2018 House Bill 0306 P.N. 0306

PRINTER'S NO. 306

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

306

Session of

2017

INTRODUCED BY D. COSTA, CALTAGIRONE, MURT, BARRAR, MATZIE,

BAKER, NEILSON, IRVIN, MILLARD, GABLER, McNEILL, DeLUCA,

WARD, MILNE, KORTZ AND READSHAW, FEBRUARY 3, 2017

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 2017

AN ACT

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

entitled "An act providing for confidentiality of certain

records; providing for the authorized sharing of certain

information; providing for written consent prior to an HIV-

related test, with certain exceptions; providing for civil

immunity for certain licensed physicians; providing for

protective procedures and equipment; and creating a civil

cause of action," further providing for prevention of

transmission of infectious diseases and for confidentiality

of records.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 4 and 7(a) of the act of November 29,

1990 (P.L.585, No.148), known as the Confidentiality of HIV-

Related Information Act, are amended to read:

Section 4. Prevention of transmission of infectious diseases.

(a) General rule.--The department shall, by regulation,

require the use of protective measures and equipment by

individuals, persons and institutions not covered by regulations

promulgated by the Occupational Safety and Health Administration

governing such protective measures and equipment. The department

shall develop such regulations pursuant to guidelines

established by the CDC. For health care providers covered by the

provisions of the Occupational Safety and Health Administration

governing such protective measures and equipment, the department

shall encourage compliance with approved standards. This section

shall not preclude the department from exercising rulemaking

authority granted under any other act.

(b) Disclosure.--The Department of Corrections shall

disclose the HIV, hepatitis B or hepatitis C status of any

infected inmate to all corrections officers required to interact

with the infected inmate. The release of this information is

only to further provide for the personal safety of corrections

officers and in no way shall the corrections officers disclose

the inmate's confidential HIV-related information to any third

party.

Section 7. Confidentiality of records.

(a) Limitations on disclosure.--No person or employee, or

agent of such person, who obtains confidential HIV-related

information in the course of providing any health, correctional

or social service or pursuant to a release of confidential HIV-

related information under subsection (c) may disclose or be

compelled to disclose the information, except to the following

persons:

(1) The subject.

(2) The physician who ordered the test, or the

physician's designee.

(3) Any person specifically designated in a written

consent as provided for in subsection (c).

(4) An agent, employee or medical staff member of a

health care provider, when the health care provider has

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received confidential HIV-related information during the

course of the subject's diagnosis or treatment by the health

care provider, provided that the agent, employee or medical

staff member is involved in the medical care or treatment of

the subject. Nothing in this paragraph shall be construed to

require the segregation of confidential HIV-related

information from a subject's medical record.

(5) A peer review organization or committee as defined

in the act of July 20, 1974 (P.L.564, No.193), known as the

Peer Review Protection Act, a nationally recognized

accrediting agency, or as otherwise provided by law, any

Federal or State government agency with oversight

responsibilities over health care providers.

(6) Individual health care providers involved in the

care of the subject with an HIV-related condition or a

positive test, when knowledge of the condition or test result

is necessary to provide emergency care or treatment

appropriate to the individual; or health care providers

consulted to determine diagnosis and treatment of the

individual.

(7) An insurer, to the extent necessary to reimburse

health care providers or to make any payment of a claim

submitted pursuant to an insured's policy.

(8) The department and persons authorized to gather,

transmit or receive vital statistics under the act of June

29, 1953 (P.L.304, No.66), known as the Vital Statistics Law

of 1953.

(9) The department and local boards and departments of

health, as authorized by the act of April 23, 1956 (1955

P.L.1510, No.500), known as the Disease Prevention and

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Control Law of 1955.

(10) A person allowed access to the information by a

court order issued pursuant to section 8.

(11) A funeral director responsible for the acceptance

and preparation of the deceased subject.

(12) Employees of county mental health/mental

retardation agencies, county children and youth agencies,

county juvenile probation departments, county or State

facilities for delinquent youth, and contracted residential

providers of the above-named entities receiving or

contemplating residential placement of the subject, who:

(i) generally are authorized to receive medical

information; and

(ii) are responsible for ensuring that the subject

receives appropriate health care; and

(iii) have a need to know the HIV-related

information in order to ensure such care is provided.

(13) Corrections officers required to interact with

infected inmates.

The above-named entities may release the information to a

court in the course of a dispositional proceeding under 42

Pa.C.S. §§ 6351 (relating to disposition of dependent child)

and 6352 (relating to disposition of delinquent child) when

it is determined that such information is necessary to meet

the medical needs of the subject.

* * *

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

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