HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

AS REPORTED FROM COMMITTEE ON HUMAN SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 21, 2011   

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 legislative intent,

for consent to HIV-related tests and for counseling.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

Confidentiality of HIV-Related Information Act, are amended to

read:

Section 1.  Section 2(c) of the act of November 29, 1990

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

Information Act, is amended to read:

Section 2.  Legislative intent.

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

promote confidential testing on an informed and voluntary basis

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

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

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

recommended by the Centers for Disease Control and Prevention.

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Section 1.1.  Section 5(a), (b) and (e) of the act are

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amended and the section is amended by adding a subsection to

read:

Section 5.  Consent to HIV-related test.

(a)  Consent.--

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

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

shall be performed without first obtaining the informed

[written] documented consent of the subject. Any consent

shall be preceded by an explanation of the test, including

its purpose, potential uses, limitations and the meaning of

its results. 

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

testing, where the subject is informed that the subject will

be tested for HIV unless the subject refuses.

(3)  The health care provider shall document the

provision of informed consent, including pre-test

information, and whether the subject declined the offer of

HIV testing.

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

performed without first making available to the subject

information regarding measures for the prevention of, exposure

to and transmission of HIV.]

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[(e)  Post-test counseling.--

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(1)  No positive or negative test result shall be

revealed to the subject without affording the subject the

immediate opportunity for individual, face-to-face counseling

about:

(i)  The significance of the test results.

(ii)  Measures for the prevention of the transmission

of HIV.

(iii)  The benefits of locating and counseling any

individual by whom the subject may have been exposed to

HIV and the availability of any services with respect to

locating and counseling such individual.

(2)  No positive test result shall be revealed to the

subject without, in addition to meeting the requirements of

paragraph (1), also affording the subject the immediate

opportunity for individual, face-to-face counseling about:

(i)  The availability of any appropriate health care

services, including mental health care, and appropriate

social and support services.

(ii)  The benefits of locating and counseling any

individual who the infected subject may have exposed to

HIV and the availability of any services with respect to

locating and counseling such individual.]

(e.1)  Post-test counseling.--No positive test result shall

be revealed to the subject without affording the subject the

immediate opportunity for individual, face-to-face counseling

about:

(1)  The significance of the test results.

(2)  Measures for the prevention of the transmission of

HIV.

(3)  The benefits of locating and counseling any

individual by whom the subject may have been exposed to HIV

and the availability of any services with respect to locating

and counseling such individual.

(4)  The availability of any appropriate health care

services, including mental health care, and appropriate

social and support services.

(5)  The benefits of locating and counseling any

individual who the infected subject may have exposed to HIV

and the availability of any services with respect to locating

and counseling such individual.

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Section 1.2.  Section 6(b)(1) of the act is amended to read:

Section 6.  Certification of significant exposure and testing

procedures.

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

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

provider or first responder is certified to have experienced

a significant exposure and has submitted to an HIV-related

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

available blood unless the certifying physician provides a

copy of the written certification of significant exposure to

the source patient's physician or institutional health care

provider in possession of the available blood and the source

patient's physician or institutional health care provider has

made a good faith effort to:

(i)  Notify the source patient or substitute

decisionmaker of the significant exposure.

(ii)  Seek the source patient's voluntary informed

consent to the HIV-related testing as specified in

section 5(a).

[(iii)  Provide counseling as required under section

5(b).]

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