PRINTER'S NO. 496
No. 445 Session of 1997
INTRODUCED BY DeLUCA, LAUGHLIN, ARMSTRONG, CLARK, THOMAS,
GIGLIOTTI, MELIO, SHANER, READSHAW, BATTISTO, STABACK, RAMOS,
BOSCOLA, JAMES, PESCI, BELFANTI, TIGUE, CAWLEY, CIVERA, SURRA
AND BELARDI, FEBRUARY 11, 1997
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
FEBRUARY 11, 1997
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, providing for examination and tests
3 for acquired immune deficiency syndrome and human
4 immunodeficiency virus.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1102 of Title 23 of the Pennsylvania
8 Consolidated Statutes, amended October 16, 1996 (P.L.706,
9 No.124), is amended to read:
10 § 1102. Definitions.
11 The following words and phrases when used in this part shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "AIDS." Acquired immune deficiency syndrome.
15 "Department." The Department of Health of the Commonwealth.
16 "HIV." Human immunodeficiency virus.
17 "Marriage." A civil contract by which one man and one woman
1 take each other for husband and wife.
2 "Marriage license" or "license." A license to marry issued
3 under this part.
4 Section 2. Sections 1104, 1304(a) and 1305 of Title 23 are
5 amended to read:
6 § 1104. Forms.
7 Marriage license applications, consent certificates, marriage
8 licenses and other necessary forms shall be supplied at the
9 expense of the county and shall be uniform throughout this
10 Commonwealth as prescribed by the department. Statements of
11 physicians and laboratories relative to examinations for
12 syphilis, AIDS and HIV shall be prepared and furnished by the
13 department.
14 § 1304. Restrictions on issuance of license.
15 (a) Examinations and tests for syphilis, AIDS and HIV.--No
16 marriage license shall be issued until there has been compliance
17 with section 1305 (relating to examination and tests for
18 syphilis, AIDS and HIV).
19 * * *
20 § 1305. Examination and tests for syphilis, AIDS and HIV.
21 (a) General rule.--No marriage license may be issued until
22 there has been filed a statement or statements, signed by a
23 licensed physician of this Commonwealth or of any other state or
24 territory, a commissioned medical officer in the armed forces of
25 the United States or a physician of the Public Health Service of
26 the Federal Government, that each applicant, within 30 days of
27 the issuance of the marriage license, has submitted to an
28 examination to determine the existence or nonexistence of
29 syphilis, AIDS or HIV, which examination has included a standard
30 serological test or tests for syphilis, AIDS or HIV, and that,
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1 in the opinion of the examining physician, the applicant is not
2 infected with syphilis, AIDS or HIV or, if so infected, is not
3 in a stage of that disease which is likely to become
4 communicable. The statement of the physician shall be
5 accompanied by a statement from the person in charge of the
6 laboratory making the test or from some other person authorized
7 to make the statement setting forth the name of the test, the
8 date the test was made, the exact name and address of the
9 physician to whom a report was sent and the exact name and
10 address of the person whose blood was tested and any other facts
11 the department deems necessary to determine whether the
12 applicant is infected with syphilis, AIDS or HIV in a stage of
13 that disease likely to become communicable. The statement from
14 the laboratory shall not set forth the result of the test.
15 (b) Authorization and payment.--For the purpose of this
16 section, a standard serological test for syphilis, AIDS or HIV
17 shall be a test approved by the department and shall be made at
18 a laboratory approved by the department to make such tests.
19 Laboratory tests required to be made by this section shall, upon
20 request of the physician submitting the sample and certification
21 of the physician that the applicant is unable to pay, be made
22 without charge by the department.
23 (c) Administrative review of denial of statement.--Any
24 applicant for a marriage license having been denied a
25 physician's statement as required by this section shall have the
26 right of appeal to the department for a review of the case, and
27 the department shall, after appropriate investigation, issue or
28 refuse to issue a statement in lieu of the physician's statement
29 required by subsection (a).
30 (d) Forms and confidentiality.--The statements of the
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1 physician who examined the applicant and the laboratory which
2 made the serological test shall be uniform throughout this
3 Commonwealth and shall be upon forms provided by the department.
4 These forms shall be filed separately from the applications for
5 marriage licenses and shall be regarded as absolutely
6 confidential by every person whose duty it may be to obtain,
7 make, transmit or receive the information or report.
8 Section 3. This act shall take effect in 60 days.
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