February 28, 2001





HOUSE BILL No. 1207

_____


DIGEST OF HB 1207 (Updated February 27, 2001 10:35 AM - DI 77)



Citations Affected: IC 11-10; IC 16-41.

Synopsis: Mandatory testing of prisoners. Requires that the medical examination given to an individual committed to the department of correction after June 30, 2001, include tests for hepatitis C and the human immunodeficiency virus (HIV). Requires a confirmatory test if a screening test indicates the presence of HIV. Allows the department of correction to require individuals committed to the department before July 1, 2001, to submit to hepatitis C and HIV tests. Requires the department of correction to report positive HIV test results to the state department of health. Provides that results of the hepatitis C and HIV tests are confidential unless otherwise provided by law. Requires the department of correction to file an annual report regarding certain statistical information regarding hepatitis C and HIV tests with the executive director of the legislative services agency. Provides that consent of the individual tested is not required. (The introduced version of this bill was prepared by the corrections matters evaluation committee.)

Effective: July 1, 2001.





Crawford




    January 9, 2001, read first time and referred to Committee on Courts and Criminal Code.
    February 22, 2001, reassigned to Committee on Public Health.
    February 27, 2001, reported _ Do Pass.







February 28, 2001

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2000 General Assembly.

HOUSE BILL No. 1207



    A BILL FOR AN ACT to amend the Indiana Code concerning corrections.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 11-10-3-2.5; (01)HB1207.1.1. -->     SECTION 1. IC 11-10-3-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2.5. (a) As used in this section, "confirmatory test" means a laboratory test or a series of tests approved by the state department of health and used in conjunction with a screening test to confirm or refute the results of the screening test for the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV).
    (b) As used in this section, "screening test" means a laboratory screening test or a series of tests approved by the state department of health to determine the possible presence of the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV).
    (c) For an individual who is committed to the department after June 30, 2001, the examination required under section 2(a) of this chapter must include the following:
        (1) A blood test for hepatitis C.
        (2) A screening test for the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV).
    (d) If the screening test required under subsection (c)(2) indicates the presence of antibodies to the human immunodeficiency virus (HIV), the department shall administer a confirmatory test to the individual.
    (e) The department may require an individual who:
        (1) was committed to the department before July 1, 2001; and
        (2) is in the custody of the department after June 30, 2001;
to undergo the tests required by subsection (c) and, if applicable, subsection (d).
    (f) Except as otherwise provided by state or federal law, the results of a test administered under this section are confidential.
    (g) The department shall, beginning September 1, 2002, file an annual report with the executive director of the legislative services agency containing statistical information on the number of individuals tested and the number of positive test results determined under this section.

SOURCE: IC 16-41-2-3; (01)HB1207.1.2. -->     SECTION 2. IC 16-41-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) Each:
        (1) licensed physician;
        (2) hospital licensed under IC 16-21; and
        (3) medical laboratory;
The following persons shall report to the state department each case of human immunodeficiency virus (HIV) infection, including each confirmed case of acquired immune deficiency syndrome (AIDS):
         (1) A licensed physician.
        (2) A hospital licensed under IC 16-21.
        (3) A medical laboratory.
        (4) The department of correction.

The report must comply with rules adopted by the state department.
    (b) The records of the state department must indicate, if known:
        (1) whether the individual had undergone any blood transfusions before being diagnosed as having AIDS or HIV infection;
        (2) the place the transfusions took place;
        (3) the blood center that furnished the blood; and
        (4) any other known risk factors.
    (c) A case report concerning HIV infection that does not involve a confirmed case of AIDS submitted to the state department under this section that involves an individual:
        (1) enrolled in a formal research project for which a written study

protocol has been filed with the state department;
        (2) who is tested anonymously at a designated counseling or testing site; or
        (3) who is tested by a health care provider permitted by rule by the state department to use a number identifier code;
may not include the name or other identifying characteristics of the individual tested.

SOURCE: IC 16-41-6-1; (01)HB1207.1.3. -->     SECTION 3. IC 16-41-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. (a) Except as provided in subsection (b), a person may not perform a screening or confirmatory test for the antibody or antigen to the human immunodeficiency virus (HIV) without the consent of the individual to be tested or a representative as authorized under IC 16-36-1. A physician ordering the test or the physician's authorized representative shall document whether or not the individual has consented.
    (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 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 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.
    (c) A court may order a person to undergo testing for HIV under IC 35-38-1-10.5 (a) or IC 35-38-2-2.3 (a)(16).