Bill Text: FL S1800 | 2010 | Regular Session | Introduced

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Bill Title: HIV Testing in the State Correctional System [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S1800 Detail]

Download: Florida-2010-S1800-Introduced.html

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Florida Senate - 2010                                    SB 1800 
 
By Senator Wilson 
33-01406-10                                           20101800__ 
1                        A bill to be entitled 
2         An act relating to HIV testing in the state 
3         correctional system; creating s. 945.351, F.S.; 
4         defining the term “HIV test”; requiring the Department 
5         of Corrections to perform an HIV test upon inmates 
6         upon entry into prison; requiring the department to 
7         record the results of an inmate’s HIV test in his or 
8         her medical record; requiring an HIV-positive inmate 
9         to participate in an education program regarding HIV; 
10         providing that the state and its agencies, 
11         subdivisions, and employees are not liable for the 
12         death or personal injury of an inmate arising from 
13         compliance with the act; providing an effective date. 
14 
15  Be It Enacted by the Legislature of the State of Florida: 
16 
17         Section 1. Section 945.351, Florida Statutes, is created to 
18  read: 
19         945.351 HIV testing of inmates upon entry into prison.— 
20         (1) As used in this section, the term “HIV test” means a 
21  test to determine the presence of the antibody or antigen to 
22  human immunodeficiency virus or the presence of human 
23  immunodeficiency virus infection. 
24         (2) If an inmate’s HIV status is unknown to the department, 
25  the department shall, pursuant to s. 381.004(3), perform an HIV 
26  test on the inmate within 14 days after the inmate enters 
27  prison. An inmate who is known to the department to be HIV 
28  positive or who has been tested within the previous year and 
29  does not request retesting need not be tested under this section 
30  but is subject to s. 945.35(1). 
31         (3) The department shall record the results of the HIV test 
32  in the inmate’s medical record. 
33         (4) Each inmate who is known to be HIV positive or who has 
34  received a positive HIV test result under this section shall 
35  participate in the department’s education program under s. 
36  945.35(1). This program shall include, but need not be limited 
37  to, education concerning preventing the transmission of HIV to 
38  others and the importance of receiving followup care and 
39  treatment. 
40         (5) Notwithstanding any provision of law providing for a 
41  waiver of sovereign immunity, the state, its agencies or 
42  subdivisions, or any employees of the state, its agencies, or 
43  subdivisions, are not liable to any person for negligently 
44  causing death or personal injury arising out of compliance with 
45  this section. 
46         Section 2. This act shall take effect upon becoming a law.