Bill Text: FL S1220 | 2010 | Regular Session | Introduced

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Bill Title: Infectious Disease Testing/Juvenile Centers [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S1220 Detail]

Download: Florida-2010-S1220-Introduced.html

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Florida Senate - 2010                                    SB 1220 
 
By Senator Wilson 
33-00943-10                                           20101220__ 
1                        A bill to be entitled 
2         An act relating to the testing of children for 
3         infectious diseases in certain juvenile detention 
4         facilities or juvenile assessment centers; creating s. 
5         985.1351, F.S.; requiring each juvenile assessment 
6         center or juvenile detention facility to have a 
7         written procedure regarding the testing of juveniles 
8         for infectious diseases; requiring the Department of 
9         Health to designate certain counties, if approved by 
10         the county’s governing body, to participate in a 
11         program to test each juvenile for HIV who is referred 
12         to or who is under the supervision of the Department 
13         of Juvenile Justice; requiring certain juvenile 
14         assessment centers or juvenile detention facilities to 
15         comply with certain requirements regarding the release 
16         of juveniles who are HIV positive; requiring the 
17         disclosure of certain juveniles’ HIV tests under 
18         certain circumstances; providing that any serologic 
19         blood test results of a juvenile is part of the 
20         juvenile’s permanent medical file; providing sovereign 
21         immunity to certain state agencies or employees for 
22         negligently causing death or personal injury arising 
23         out of compliance with the act; amending s. 381.004, 
24         F.S.; providing that informed consent is not required 
25         for an HIV test of a juvenile which is performed 
26         during the intake process at a juvenile assessment 
27         center or juvenile detention facility; providing an 
28         effective date. 
29 
30  Be It Enacted by the Legislature of the State of Florida: 
31 
32         Section 1. Section 985.1351, Florida Statutes, is created 
33  to read: 
34         985.1351 Blood test of a child referred to or under the 
35  supervision of the department.— 
36         (1) Each juvenile assessment center or juvenile detention 
37  facility shall have a written procedure, developed in 
38  consultation with a facility medical provider, establishing 
39  conditions under which a child who is referred to or under the 
40  supervision of the department will be tested for infectious 
41  diseases, including human immunodeficiency virus, which 
42  procedure must be consistent with guidelines of the Centers for 
43  Disease Control and Prevention and recommendations of the 
44  Correctional Medical Authority. It is not unlawful for the 
45  person receiving the test results to divulge the test results to 
46  the child’s parents, guardian, or legal custodian or to the 
47  juvenile probation officer assigned to the child. 
48         (2)(a) The Department of Health shall designate two 
49  counties having a population of 1.2 million or more and five 
50  counties having a population of fewer than 1.2 million to 
51  participate in the testing program provided in this subsection, 
52  if participation in the testing program is authorized by a 
53  majority of the county’s governing body. Each juvenile 
54  assessment center or juvenile detention facility that lies 
55  within the authority of any participating county shall, 
56  consistent with s. 381.004(3), perform an HIV test as defined in 
57  s. 381.004(2) during the intake process on each child who is 
58  referred to or is under the supervision of the department unless 
59  the center or facility knows that the child is HIV positive. The 
60  required test must be performed within 20 days after the intake 
61  date of the child. A test is not required under this paragraph 
62  if a child who is taken into custody is released within 10 days 
63  to his or her parent, guardian, legal custodian, or, if the 
64  child’s parent, guardian, or legal custodian is not available, 
65  unwilling, or unable to provide supervision for the child, to 
66  any responsible adult pursuant to s. 985.115(2)(a). 
67         (b) Each juvenile assessment center or juvenile detention 
68  facility in a county that participates in the testing program 
69  authorized in paragraph (a) must comply with the requirements of 
70  this paragraph. If the assessment center or detention facility 
71  knows that a child who is to be released from the center or 
72  facility is HIV positive or has received a positive HIV test 
73  result, that center or facility shall, before the child is 
74  released: 
75         1. Notify, consistent with s. 381.004(3), the Department of 
76  Health and the county health department in the county where the 
77  child being released plans to reside of the release date and HIV 
78  status of the child. 
79         2. Provide special transitional assistance to the child and 
80  his or her parents, guardian, or legal custodian, which must 
81  include: 
82         a. Education on preventing the transmission of HIV to 
83  others and on the importance of receiving followup medical care 
84  and treatment. 
85         b. A written, individualized discharge plan that includes 
86  records of all laboratory and diagnostic test results, 
87  medication and treatment information, and referrals to and 
88  contacts with the county health department and local primary 
89  medical care services for the treatment of HIV infection which 
90  are available in the area where the child plans to reside. 
91         (3) Upon request of the victim or the victim’s legal 
92  guardian, or the parent or legal guardian of the victim if the 
93  victim is a minor, the results of any HIV test performed on a 
94  child who has been arrested for any sexual offense involving 
95  oral, anal, or vaginal penetration by, or union with, the sexual 
96  organ of another, shall be disclosed to the victim or the 
97  victim’s legal guardian, or to the parent or legal guardian of 
98  the victim if the victim is a minor. In such cases, the juvenile 
99  assessment center or juvenile detention facility shall furnish 
100  the test results to the Department of Health, which shall 
101  disclose the results to public health agencies as provided in s. 
102  775.0877 and to the victim or the victim’s legal guardian, or 
103  the parent or legal guardian of the victim if the victim is a 
104  minor, as provided in s. 960.003(3). 
105         (4) The results of any serologic blood test of a child are 
106  a part of that child’s permanent medical file. Upon the transfer 
107  of the child to any other juvenile assessment center or juvenile 
108  detention facility, such file shall also be transferred and all 
109  relevant authorized persons must be notified of positive HIV 
110  test results as required in s. 775.0877. 
111         (5) Notwithstanding any law providing for a waiver of 
112  sovereign immunity, the state, its agencies or subdivisions, and 
113  employees of the state, its agencies, or subdivisions, are not 
114  liable to any person for negligently causing death or personal 
115  injury arising out of compliance with this section. 
116         Section 2. Subsection (3) of section 381.004, Florida 
117  Statutes, is amended to read: 
118         381.004 HIV testing.— 
119         (3) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED CONSENT; 
120  RESULTS; COUNSELING; CONFIDENTIALITY.— 
121         (a) A No person in this state may not shall order a test 
122  designed to identify the human immunodeficiency virus, or its 
123  antigen or antibody, without first obtaining the informed 
124  consent of the person upon whom the test is being performed, 
125  except as specified in paragraph (h). Informed consent shall be 
126  preceded by an explanation of the right to confidential 
127  treatment of information identifying the subject of the test and 
128  the results of the test to the extent provided by law. 
129  Information shall also be provided on the fact that a positive 
130  HIV test result will be reported to the county health department 
131  with sufficient information to identify the test subject and on 
132  the availability and location of sites at which anonymous 
133  testing is performed. As required in paragraph (4)(c), each 
134  county health department shall maintain a list of sites at which 
135  anonymous testing is performed, including the locations, phone 
136  numbers, and hours of operation of the sites. Consent need not 
137  be in writing provided there is documentation in the medical 
138  record that the test has been explained and the consent has been 
139  obtained. 
140         (b) Except as provided in paragraph (h), informed consent 
141  must be obtained from a legal guardian or other person 
142  authorized by law when the person: 
143         1. Is not competent, is incapacitated, or is otherwise 
144  unable to make an informed judgment; or 
145         2. Has not reached the age of majority, except as provided 
146  in s. 384.30. 
147         (c) The person ordering the test or that person’s designee 
148  shall ensure that all reasonable efforts are made to notify the 
149  test subject of his or her test result. Notification of a person 
150  with a positive test result shall include information on the 
151  availability of appropriate medical and support services, on the 
152  importance of notifying partners who may have been exposed, and 
153  on preventing transmission of HIV. Notification of a person with 
154  a negative test result shall include, as appropriate, 
155  information on preventing the transmission of HIV. When testing 
156  occurs in a hospital emergency department, detention facility, 
157  or other facility and the test subject has been released before 
158  being notified of positive test results, informing the county 
159  health department for that department to notify the test subject 
160  fulfills this responsibility. 
161         (d) A positive preliminary test result may not be revealed 
162  to any person except in the following situations: 
163         1. Preliminary test results may be released to licensed 
164  physicians or the medical or nonmedical personnel subject to the 
165  significant exposure for purposes of subparagraphs (h)10., 11., 
166  and 12. 
167         2. Preliminary test results may be released to health care 
168  providers and to the person tested when decisions about medical 
169  care or treatment of, or recommendation to, the person tested 
170  and, in the case of an intrapartum or postpartum woman, when 
171  care, treatment, or recommendations regarding her newborn, 
172  cannot await the results of confirmatory testing. Positive 
173  preliminary HIV test results may not be characterized to the 
174  patient as a diagnosis of HIV infection. Justification for the 
175  use of preliminary test results must be documented in the 
176  medical record by the health care provider who ordered the test. 
177         3. The results of rapid testing technologies shall be 
178  considered preliminary and may be released in accordance with 
179  the manufacturer’s instructions as approved by the federal Food 
180  and Drug Administration. 
181         4. Corroborating or confirmatory testing must be conducted 
182  as followup to a positive preliminary test. Results shall be 
183  communicated to the patient according to statute regardless of 
184  the outcome. Except as provided in this section, test results 
185  are confidential and exempt from the provisions of s. 119.07(1). 
186         (e) Except as provided in this section, the identity of any 
187  person upon whom a test has been performed and test results are 
188  confidential and exempt from the provisions of s. 119.07(1). A 
189  No person who has obtained or has knowledge of a test result 
190  pursuant to this section may not disclose or be compelled to 
191  disclose the identity of any person upon whom a test is 
192  performed, or the results of such a test in a manner that which 
193  permits identification of the subject of the test, except to the 
194  following persons: 
195         1. The subject of the test or the subject’s legally 
196  authorized representative. 
197         2. Any person, including third-party payors, designated in 
198  a legally effective release of the test results executed prior 
199  to or after the test by the subject of the test or the subject’s 
200  legally authorized representative. The test subject may in 
201  writing authorize the disclosure of the test subject’s HIV test 
202  results to third party payors, who need not be specifically 
203  identified, and to other persons to whom the test subject 
204  subsequently issues a general release of medical information. A 
205  general release without such prior written authorization is not 
206  sufficient to release HIV test results. 
207         3. An authorized agent or employee of a health facility or 
208  health care provider if the health facility or health care 
209  provider itself is authorized to obtain the test results, the 
210  agent or employee participates in the administration or 
211  provision of patient care or handles or processes specimens of 
212  body fluids or tissues, and the agent or employee has a need to 
213  know such information. The department shall adopt a rule 
214  defining which persons have a need to know pursuant to this 
215  subparagraph. 
216         4. Health care providers consulting between themselves or 
217  with health care facilities to determine diagnosis and 
218  treatment. For purposes of this subparagraph, health care 
219  providers shall include licensed health care professionals 
220  employed by or associated with state, county, or municipal 
221  detention facilities when such health care professionals are 
222  acting exclusively for the purpose of providing diagnoses or 
223  treatment of persons in the custody of such facilities. 
224         5. The department, in accordance with rules for reporting 
225  and controlling the spread of disease, as otherwise provided by 
226  state law. 
227         6. A health facility or health care provider which 
228  procures, processes, distributes, or uses: 
229         a. A human body part from a deceased person, with respect 
230  to medical information regarding that person; or 
231         b. Semen provided prior to July 6, 1988, for the purpose of 
232  artificial insemination. 
233         7. Health facility staff committees, for the purposes of 
234  conducting program monitoring, program evaluation, or service 
235  reviews pursuant to chapters 395 and 766. 
236         8. Authorized medical or epidemiological researchers who 
237  may not further disclose any identifying characteristics or 
238  information. 
239         9. A person allowed access by a court order which is issued 
240  in compliance with the following provisions: 
241         a. A No court of this state may not shall issue such order 
242  unless the court finds that the person seeking the test results 
243  has demonstrated a compelling need for the test results which 
244  cannot be accommodated by other means. In assessing compelling 
245  need, the court shall weigh the need for disclosure against the 
246  privacy interest of the test subject and the public interest 
247  which may be disserved by disclosure which deters blood, organ, 
248  and semen donation and future human immunodeficiency virus 
249  related testing or which may lead to discrimination. This 
250  paragraph shall not apply to blood bank donor records. 
251         b. Pleadings pertaining to disclosure of test results shall 
252  substitute a pseudonym for the true name of the subject of the 
253  test. The disclosure to the parties of the subject’s true name 
254  shall be communicated confidentially in documents not filed with 
255  the court. 
256         c. Before granting any such order, the court shall provide 
257  the individual whose test result is in question with notice and 
258  a reasonable opportunity to participate in the proceedings if he 
259  or she is not already a party. 
260         d. Court proceedings as to disclosure of test results shall 
261  be conducted in camera, unless the subject of the test agrees to 
262  a hearing in open court or unless the court determines that a 
263  public hearing is necessary to the public interest and the 
264  proper administration of justice. 
265         e. Upon the issuance of an order to disclose test results, 
266  the court shall impose appropriate safeguards against 
267  unauthorized disclosure which shall specify the persons who may 
268  have access to the information, the purposes for which the 
269  information shall be used, and appropriate prohibitions on 
270  future disclosure. 
271         10. A person allowed access by order of a judge of 
272  compensation claims of the Division of Administrative Hearings. 
273  A judge of compensation claims shall not issue such order unless 
274  he or she finds that the person seeking the test results has 
275  demonstrated a compelling need for the test results which cannot 
276  be accommodated by other means. 
277         11. Those employees of the department or of child-placing 
278  or child-caring agencies or of family foster homes, licensed 
279  pursuant to s. 409.175, who are directly involved in the 
280  placement, care, control, or custody of such test subject and 
281  who have a need to know such information; adoptive parents of 
282  such test subject; or any adult custodian, any adult relative, 
283  or any person responsible for the child’s welfare, if the test 
284  subject was not tested under subparagraph (b)2. and if a 
285  reasonable attempt has been made to locate and inform the legal 
286  guardian of a test result. The department shall adopt a rule to 
287  implement this subparagraph. 
288         12. Those employees of residential facilities or of 
289  community-based care programs that care for developmentally 
290  disabled persons, pursuant to chapter 393, who are directly 
291  involved in the care, control, or custody of such test subject 
292  and who have a need to know such information. 
293         13. A health care provider involved in the delivery of a 
294  child can note the mother’s HIV test results in the child’s 
295  medical record. 
296         14. Medical personnel or nonmedical personnel who have been 
297  subject to a significant exposure during the course of medical 
298  practice or in the performance of professional duties, or 
299  individuals who are the subject of the significant exposure as 
300  provided in subparagraphs (h)10.-12. 
301         15. The medical examiner shall disclose positive HIV test 
302  results to the department in accordance with rules for reporting 
303  and controlling the spread of disease. 
304         (f) Except as provided in this section, the identity of a 
305  person upon whom a test has been performed is confidential and 
306  exempt from the provisions of s. 119.07(1). A No person to whom 
307  the results of a test have been disclosed may not disclose the 
308  test results to another person except as authorized by this 
309  subsection and by ss. 951.27 and 960.003. Whenever disclosure is 
310  made pursuant to this subsection, it shall be accompanied by a 
311  statement in writing which includes the following or 
312  substantially similar language: “This information has been 
313  disclosed to you from records whose confidentiality is protected 
314  by state law. State law prohibits you from making any further 
315  disclosure of such information without the specific written 
316  consent of the person to whom such information pertains, or as 
317  otherwise permitted by state law. A general authorization for 
318  the release of medical or other information is NOT sufficient 
319  for this purpose.” An oral disclosure shall be accompanied by 
320  oral notice and followed by a written notice within 10 days, 
321  except that this notice shall not be required for disclosures 
322  made pursuant to subparagraphs (e)3. and 4. 
323         (g) Human immunodeficiency virus test results contained in 
324  the medical records of a hospital licensed under chapter 395 may 
325  be released in accordance with s. 395.3025 without being subject 
326  to the requirements of subparagraph (e)2., subparagraph (e)9., 
327  or paragraph (f); provided the hospital has obtained written 
328  informed consent for the HIV test in accordance with provisions 
329  of this section. 
330         (h) Notwithstanding the provisions of paragraph (a), 
331  informed consent is not required: 
332         1. When testing for sexually transmissible diseases is 
333  required by state or federal law, or by rule including the 
334  following situations: 
335         a. HIV testing pursuant to s. 796.08 of persons convicted 
336  of prostitution or of procuring another to commit prostitution. 
337         b. HIV testing of inmates pursuant to s. 945.355 prior to 
338  their release from prison by reason of parole, accumulation of 
339  gain-time credits, or expiration of sentence. 
340         c. Testing for HIV by a medical examiner in accordance with 
341  s. 406.11. 
342         d. HIV testing of pregnant women pursuant to s. 384.31. 
343         e. HIV testing of children who are referred to or who are 
344  under the supervision of the Department of Juvenile Justice 
345  under s. 985.1351 during the intake process at a juvenile 
346  assessment center or juvenile detention facility. 
347         2. Those exceptions provided for blood, plasma, organs, 
348  skin, semen, or other human tissue pursuant to s. 381.0041. 
349         3. For the performance of an HIV-related test by licensed 
350  medical personnel in bona fide medical emergencies when the test 
351  results are necessary for medical diagnostic purposes to provide 
352  appropriate emergency care or treatment to the person being 
353  tested and the patient is unable to consent, as supported by 
354  documentation in the medical record. Notification of test 
355  results in accordance with paragraph (c) is required. 
356         4. For the performance of an HIV-related test by licensed 
357  medical personnel for medical diagnosis of acute illness where, 
358  in the opinion of the attending physician, obtaining informed 
359  consent would be detrimental to the patient, as supported by 
360  documentation in the medical record, and the test results are 
361  necessary for medical diagnostic purposes to provide appropriate 
362  care or treatment to the person being tested. Notification of 
363  test results in accordance with paragraph (c) is required if it 
364  would not be detrimental to the patient. This subparagraph does 
365  not authorize the routine testing of patients for HIV infection 
366  without informed consent. 
367         5. When HIV testing is performed as part of an autopsy for 
368  which consent was obtained pursuant to s. 872.04. 
369         6. For the performance of an HIV test upon a defendant 
370  pursuant to the victim’s request in a prosecution for any type 
371  of sexual battery where a blood sample is taken from the 
372  defendant voluntarily, pursuant to court order for any purpose, 
373  or pursuant to the provisions of s. 775.0877, s. 951.27, or s. 
374  960.003; however, the results of any HIV test performed shall be 
375  disclosed solely to the victim and the defendant, except as 
376  provided in ss. 775.0877, 951.27, and 960.003. 
377         7. When an HIV test is mandated by court order. 
378         8. For epidemiological research pursuant to s. 381.0032, 
379  for research consistent with institutional review boards created 
380  by 45 C.F.R. part 46, or for the performance of an HIV-related 
381  test for the purpose of research, if the testing is performed in 
382  a manner by which the identity of the test subject is not known 
383  and may not be retrieved by the researcher. 
384         9. When human tissue is collected lawfully without the 
385  consent of the donor for corneal removal as authorized by s. 
386  765.5185 or enucleation of the eyes as authorized by s. 765.519. 
387         10. For the performance of an HIV test upon an individual 
388  who comes into contact with medical personnel in such a way that 
389  a significant exposure has occurred during the course of 
390  employment or within the scope of practice and where a blood 
391  sample is available that was taken from that individual 
392  voluntarily by medical personnel for other purposes. The term 
393  “medical personnel” includes a licensed or certified health care 
394  professional; an employee of a health care professional or 
395  health care facility; employees of a laboratory licensed under 
396  chapter 483; personnel of a blood bank or plasma center; a 
397  medical student or other student who is receiving training as a 
398  health care professional at a health care facility; and a 
399  paramedic or emergency medical technician certified by the 
400  department to perform life-support procedures under s. 401.23. 
401         a. Prior to performance of an HIV test on a voluntarily 
402  obtained blood sample, the individual from whom the blood was 
403  obtained shall be requested to consent to the performance of the 
404  test and to the release of the results. If consent cannot be 
405  obtained within the time necessary to perform the HIV test and 
406  begin prophylactic treatment of the exposed medical personnel, 
407  all information concerning the performance of an HIV test and 
408  any HIV test result shall be documented only in the medical 
409  personnel’s record unless the individual gives written consent 
410  to entering this information on the individual’s medical record. 
411         b. Reasonable attempts to locate the individual and to 
412  obtain consent shall be made, and all attempts must be 
413  documented. If the individual cannot be found or is incapable of 
414  providing consent, an HIV test may be conducted on the available 
415  blood sample. If the individual does not voluntarily consent to 
416  the performance of an HIV test, the individual shall be informed 
417  that an HIV test will be performed, and counseling shall be 
418  furnished as provided in this section. However, HIV testing 
419  shall be conducted only after appropriate medical personnel 
420  under the supervision of a licensed physician documents, in the 
421  medical record of the medical personnel, that there has been a 
422  significant exposure and that, in accordance with the written 
423  protocols based on the National Centers for Disease Control and 
424  Prevention guidelines on HIV postexposure prophylaxis and in the 
425  physician’s medical judgment, the information is medically 
426  necessary to determine the course of treatment for the medical 
427  personnel. 
428         c. Costs of any HIV test of a blood sample performed with 
429  or without the consent of the individual, as provided in this 
430  subparagraph, shall be borne by the medical personnel or the 
431  employer of the medical personnel. However, costs of testing or 
432  treatment not directly related to the initial HIV tests or costs 
433  of subsequent testing or treatment may not be borne by the 
434  medical personnel or the employer of the medical personnel. 
435         d. In order to utilize the provisions of this subparagraph, 
436  the medical personnel must either be tested for HIV pursuant to 
437  this section or provide the results of an HIV test taken within 
438  6 months prior to the significant exposure if such test results 
439  are negative. 
440         e. A person who receives the results of an HIV test 
441  pursuant to this subparagraph shall maintain the confidentiality 
442  of the information received and of the persons tested. Such 
443  confidential information is exempt from s. 119.07(1). 
444         f. If the source of the exposure will not voluntarily 
445  submit to HIV testing and a blood sample is not available, the 
446  medical personnel or the employer of such person acting on 
447  behalf of the employee may seek a court order directing the 
448  source of the exposure to submit to HIV testing. A sworn 
449  statement by a physician licensed under chapter 458 or chapter 
450  459 that a significant exposure has occurred and that, in the 
451  physician’s medical judgment, testing is medically necessary to 
452  determine the course of treatment constitutes probable cause for 
453  the issuance of an order by the court. The results of the test 
454  shall be released to the source of the exposure and to the 
455  person who experienced the exposure. 
456         11. For the performance of an HIV test upon an individual 
457  who comes into contact with medical personnel in such a way that 
458  a significant exposure has occurred during the course of 
459  employment or within the scope of practice of the medical 
460  personnel while the medical personnel provides emergency medical 
461  treatment to the individual; or notwithstanding s. 384.287, an 
462  individual who comes into contact with nonmedical personnel in 
463  such a way that a significant exposure has occurred while the 
464  nonmedical personnel provides emergency medical assistance 
465  during a medical emergency. For the purposes of this 
466  subparagraph, a medical emergency means an emergency medical 
467  condition outside of a hospital or health care facility that 
468  provides physician care. The test may be performed only during 
469  the course of treatment for the medical emergency. 
470         a. An individual who is capable of providing consent shall 
471  be requested to consent to an HIV test prior to the testing. If 
472  consent cannot be obtained within the time necessary to perform 
473  the HIV test and begin prophylactic treatment of the exposed 
474  medical personnel and nonmedical personnel, all information 
475  concerning the performance of an HIV test and its result, shall 
476  be documented only in the medical personnel’s or nonmedical 
477  personnel’s record unless the individual gives written consent 
478  to entering this information on the individual’s medical record. 
479         b. HIV testing shall be conducted only after appropriate 
480  medical personnel under the supervision of a licensed physician 
481  documents, in the medical record of the medical personnel or 
482  nonmedical personnel, that there has been a significant exposure 
483  and that, in accordance with the written protocols based on the 
484  National Centers for Disease Control and Prevention guidelines 
485  on HIV postexposure prophylaxis and in the physician’s medical 
486  judgment, the information is medically necessary to determine 
487  the course of treatment for the medical personnel or nonmedical 
488  personnel. 
489         c. Costs of any HIV test performed with or without the 
490  consent of the individual, as provided in this subparagraph, 
491  shall be borne by the medical personnel or the employer of the 
492  medical personnel or nonmedical personnel. However, costs of 
493  testing or treatment not directly related to the initial HIV 
494  tests or costs of subsequent testing or treatment may not be 
495  borne by the medical personnel or the employer of the medical 
496  personnel or nonmedical personnel. 
497         d. In order to utilize the provisions of this subparagraph, 
498  the medical personnel or nonmedical personnel shall be tested 
499  for HIV pursuant to this section or shall provide the results of 
500  an HIV test taken within 6 months prior to the significant 
501  exposure if such test results are negative. 
502         e. A person who receives the results of an HIV test 
503  pursuant to this subparagraph shall maintain the confidentiality 
504  of the information received and of the persons tested. Such 
505  confidential information is exempt from s. 119.07(1). 
506         f. If the source of the exposure will not voluntarily 
507  submit to HIV testing and a blood sample was not obtained during 
508  treatment for the medical emergency, the medical personnel, the 
509  employer of the medical personnel acting on behalf of the 
510  employee, or the nonmedical personnel may seek a court order 
511  directing the source of the exposure to submit to HIV testing. A 
512  sworn statement by a physician licensed under chapter 458 or 
513  chapter 459 that a significant exposure has occurred and that, 
514  in the physician’s medical judgment, testing is medically 
515  necessary to determine the course of treatment constitutes 
516  probable cause for the issuance of an order by the court. The 
517  results of the test shall be released to the source of the 
518  exposure and to the person who experienced the exposure. 
519         12. For the performance of an HIV test by the medical 
520  examiner or attending physician upon an individual who expired 
521  or could not be resuscitated while receiving emergency medical 
522  assistance or care and who was the source of a significant 
523  exposure to medical or nonmedical personnel providing such 
524  assistance or care. 
525         a. HIV testing may be conducted only after appropriate 
526  medical personnel under the supervision of a licensed physician 
527  documents in the medical record of the medical personnel or 
528  nonmedical personnel that there has been a significant exposure 
529  and that, in accordance with the written protocols based on the 
530  National Centers for Disease Control and Prevention guidelines 
531  on HIV postexposure prophylaxis and in the physician’s medical 
532  judgment, the information is medically necessary to determine 
533  the course of treatment for the medical personnel or nonmedical 
534  personnel. 
535         b. Costs of any HIV test performed under this subparagraph 
536  may not be charged to the deceased or to the family of the 
537  deceased person. 
538         c. For the provisions of this subparagraph to be 
539  applicable, the medical personnel or nonmedical personnel must 
540  be tested for HIV under this section or must provide the results 
541  of an HIV test taken within 6 months before the significant 
542  exposure if such test results are negative. 
543         d. A person who receives the results of an HIV test 
544  pursuant to this subparagraph shall comply with paragraph (e). 
545         13. For the performance of an HIV-related test medically 
546  indicated by licensed medical personnel for medical diagnosis of 
547  a hospitalized infant as necessary to provide appropriate care 
548  and treatment of the infant when, after a reasonable attempt, a 
549  parent cannot be contacted to provide consent. The medical 
550  records of the infant shall reflect the reason consent of the 
551  parent was not initially obtained. Test results shall be 
552  provided to the parent when the parent is located. 
553         14. For the performance of HIV testing conducted to monitor 
554  the clinical progress of a patient previously diagnosed to be 
555  HIV positive. 
556         15. For the performance of repeated HIV testing conducted 
557  to monitor possible conversion from a significant exposure. 
558         Section 3. This act shall take effect July 1, 2010.