Bill Text: IN SB0052 | 2012 | Regular Session | Enrolled
Bill Title: HIV testing.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-03-19 - Signed by the Governor [SB0052 Detail]
Download: Indiana-2012-SB0052-Enrolled.html
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AN ACT to amend the Indiana Code concerning health.
Be it enacted by the General Assembly of the State of Indiana:
(1) an advanced practice nurse (as defined by IC 25-23-1-1(b)) who is operating in collaboration with a licensed physician; or
(2) an individual acting under the supervision of a licensed physician and within the individual's scope of employment.
(b) If a physician or the physician's authorized representative determines that it is medically necessary to conduct an HIV test on an individual under the care of a physician, the physician or physician's authorized representative may order the test if the
physician or the physician's authorized representative:
(1) informs the patient of the test;
(2) provides an explanation of the test; and
(3) informs the patient of the patient's right to refuse the test.
Subject to subsection (d), if the patient refuses the test, the
physician or the physician's authorized representative may not
perform the test and shall document the patient's refusal in the
patient's medical record.
(c) After ordering an HIV test for a patient, the physician or the
physician's authorized representative shall:
(1) discuss with the patient the availability of counseling
concerning the test results; and
(2) notify the patient of the test results.
If a test conducted under this section indicates that a patient is HIV
infected, in addition to the requirements set forth in IC 16-41-2, the
physician or the physician's authorized representative shall inform
the patient of treatment and referral options available to the
patient.
(d) A physician or a physician's authorized representative may
order an HIV test to be performed without informing the patient
or the patient's representative (as defined in IC 16-36-1-2) of the
test or regardless of the patient's or the patient's representative's
refusal of the HIV test if any of the following conditions apply:
(b) The test for the antibody or antigen to HIV may be performed if
one (1) of the following conditions exists:
(1) If ordered by a physician, who has obtained a health care
consent under IC 16-36-1 or an implied consent under can be
implied due to emergency circumstances and the test is medically
necessary to diagnose or treat the patient's condition.
(2) Under a court order based on clear and convincing evidence
of a serious and present health threat to others posed by an
individual. A hearing held under this subsection subdivision shall
be held in camera at the request of the individual.
(3) If the test is done on blood collected or tested anonymously as
part of an epidemiologic survey under IC 16-41-2-3 or
IC 16-41-17-10(a)(5).
(4) The test is ordered under section 4 of this chapter.
(5) The test is required or authorized under IC 11-10-3-2.5.
(6) The individual upon whom the test will be performed is
described in IC 16-41-8-6 or IC 16-41-10-2.5.
(c) (7) A court may order a person has ordered the individual to
undergo testing for HIV under IC 35-38-1-10.5(a) or
IC 35-38-2-2.3(a)(16).
(8) Both of the following are met:
(A) The individual is not capable of providing consent and
an authorized representative of the individual is not
immediately available to provide consent or refusal of the
test.
(B) A health care provider acting within the scope of the
health care provider's employment comes into contact with
the blood or body fluids of the individual in a manner that
has been epidemiologically demonstrated to transmit HIV.
(e) The state department shall make HIV testing and treatment
information from the federal Centers for Disease Control and
Prevention available to health care providers.
(f) The state department may adopt rules under IC 4-22-2
necessary to implement this section.
SEA 52 _ CC 1
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