HB 1207-1_ Filed 04/09/2001, 16:45

SENATE MOTION


MR. PRESIDENT:

    I move
that Engrossed House Bill 1207 be amended to read as follows:

SOURCE: Page 2, line 19; (01)MO120701.2. -->     Page 2, between lines 19 and 20, begin a new paragraph and insert:
SOURCE: IC 16-18-2-337.8; (01)MO120701.2. -->     "SECTION 2. IC 16-18-2-337.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 337.8. "Standard serological test for HIV", for purposes of IC 16-41-6 , has the meaning set forth in IC 16-41-6-0.5.".
SOURCE: Page 3, line 7; (01)MO120701.3. -->     Page 3, between lines 7 and 8, begin a new paragraph and insert:
SOURCE: IC 16-41-6-0.5; (01)MO120701.4. -->     "SECTION 4. IC 16-41-6-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 0.5. As used in this chapter, "standard serological test for HIV" means a test recognized by the state department as a standard serological test for the antibody or antigen to the human immunodeficiency virus (HIV).".
SOURCE: Page 3, line 29; (01)MO120701.3. -->     Page 3, line 29, after "4" insert ", 5, 6, or 7".
    Page 3, between lines 30 and 31, begin a new line block left and insert:
" The test for the antibody or antigen to HIV may not be performed on a woman described in section 5, 6, or 7 of this chapter if the woman refuses to consent to the test under section 5, 6, or 7 of this chapter.".
    Page 3, after line 32, begin a new paragraph and insert:
SOURCE: IC 16-41-6-4; (01)MO120701.6. -->     "SECTION 6. IC 16-41-6-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) Subject to subsection (e), (f), if:
        (1) the mother of a newborn infant has not had a test performed under IC 16-41-6-2.5 section 5, 6, or 7 of this chapter;
        (2) the mother of a newborn infant has refused a test for the newborn infant to detect the human immunodeficiency virus HIV or the antibody or antigen to HIV; and
        (3) a physician believes that testing the newborn infant is medically necessary;
the physician overseeing the care of the newborn infant may order a confidential test for the newborn infant in order to detect the human immunodeficiency virus HIV or the antibody or antigen to HIV. The test must be ordered at the earliest feasible time not exceeding forty-eight (48) hours after the birth of the infant.
    (b) If the physician orders a test under subsection (a), the physician must:
        (1) notify the mother of the newborn infant of the test; and
        (2) provide human immunodeficiency virus HIV information and counseling to the mother. The information and counseling must include the following:
            (A) The purpose of the test.
            (B) The risks and benefits of the test.
            (C) A description of the methods of HIV transmission.
            (D) A discussion of risk reduction behavior modifications, including methods to reduce the risk of perinatal HIV transmission and HIV transmission through breast milk.
            (E) Referral information to other HIV prevention, health care, and psychosocial services.
    (c) The confidentiality provisions of IC 16-41-2-3 apply to this section.
    (d) The results of the confidential test ordered under subsection (a) must be released to the mother of the newborn infant.
    (e) If a test ordered under subsection (a) is positive, the physician who ordered the test shall inform the mother of the newborn infant of all treatment options available to the newborn infant.
     (f) If the a parent of the newborn infant objects in writing for reasons pertaining to religious beliefs, the newborn infant is exempt from the test under subsection (a).
    (f) (g) The state department shall adopt rules under IC 4-22-2 to carry out this section.
     (h) The results of a test performed under this section are confidential.
SOURCE: IC 16-41-6-5; (01)MO120701.7. -->     SECTION 7. IC 16-41-6-5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5. (a) This section applies to:
        (1) a physician licensed under IC 25-22.5; or
        (2) an advanced practice nurse licensed under IC 25-23;
who provides prenatal care within the scope of the provider's license.
    (b) Subject to subsection (c), an individual described in subsection (a) who:
        (1) diagnoses a pregnancy of a woman; or
        (2) is primarily responsible for providing prenatal care to a

pregnant woman;
shall take or cause to be taken a sample of the pregnant woman's blood and shall submit the sample to an approved laboratory for a standard serological test for HIV.
    (c) A pregnant woman has a right to refuse an HIV test under this section. An individual described in subsection (a), or the individual's designee, shall inform the pregnant woman that:
        (1) the individual is required by law to order an HIV test unless the pregnant woman refuses; and
        (2) the pregnant woman has a right to refuse.
    (d) An individual described in subsection (a), or the individual's designee, shall:
        (1) provide the pregnant woman with a description of the methods of HIV transmission;
        (2) discuss risk reduction behavior modifications with the pregnant woman, including methods to reduce the risk of perinatal HIV transmission and HIV transmission through breast milk;
        (3) provide the pregnant woman with referral information to other HIV prevention, health care, and psychosocial services; and
        (4) explain to the pregnant woman:
            (A) the purpose of the test; and
            (B) the risks and benefits of the test.
    (e) An individual described in subsection (a) shall document in the pregnant woman's medical records that the pregnant woman received the information required under subsections (c) and (d).
    (f) If a pregnant woman refuses to consent to an HIV test under this section, the refusal must be noted in the pregnant woman's medical records.
    (g) If a test ordered under subsection (b) is positive, the individual described in subsection (a) who ordered the test shall inform the pregnant woman of all treatment options available to her and the prognostic implications of the disease.

     (h) The confidentiality provisions of IC 16-41-2-3 apply to this section.
    (i) The results of a test performed under this section are confidential.

SOURCE: IC 16-41-6-6; (01)MO120701.8. -->     SECTION 8. IC 16-41-6-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6. (a) Subject to subsection (b), an individual other than a physician who is permitted by law to attend a pregnant woman, but who is not permitted by law to take blood specimens, shall cause a sample of the pregnant woman's blood to be taken by or under the direction of a licensed physician, who shall submit the sample to an approved laboratory for a standard serological test for HIV.
     (b) A pregnant woman has a right to refuse an HIV test under

this section. The individual who attends the pregnant woman under subsection (a) shall inform the pregnant woman that:
        (1) the individual is required by law to request that a physician order an HIV test unless the pregnant woman refuses; and
        (2) the pregnant woman has a right to refuse.
    (c) The individual who attends the pregnant woman under subsection (a) shall:
        (1) provide the pregnant woman with a description of the methods of HIV transmission;
        (2) discuss risk reduction behavior modifications with the pregnant woman, including methods to reduce the risk of perinatal HIV transmission and HIV transmission through breast milk;
        (3) provide the pregnant woman with referral information to other HIV prevention, health care, and psychosocial services; and
        (4) explain to the pregnant woman:
            (A) the purpose of the test; and
            (B) the risks and benefits of the test.
    (d) The individual who attends the pregnant woman under subsection (a) shall document in the pregnant woman's medical records that the pregnant woman received the information required under subsections (b) and (c).
    (e) If a pregnant woman refuses to consent to an HIV test under this section, the refusal must be noted in the pregnant woman's medical records.

    (f) If a test ordered under subsection (a) is positive, the individual who attends the pregnant woman shall inform the pregnant woman of all treatment options available to her and the prognostic implications of the disease.
     (g) The confidentiality provisions of IC 16-41-2-3 apply to this section.
    (h) The results of a test performed under this section are confidential.

SOURCE: IC 16-41-6-7; (01)MO120701.9. -->     SECTION 9. IC 16-41-6-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. (a) Subject to subsection (b), if, at the time of delivery, there is no written evidence that a standard serological test for HIV has been made in accordance with section 5 or 6 of this chapter, the individual in attendance at the delivery shall take or cause to be taken a sample of the blood of the woman at the time of the delivery and shall submit the sample to an approved laboratory for a standard serological test for HIV.
     (b) A pregnant woman has a right to refuse an HIV test under this section. The individual in attendance at the delivery shall inform the pregnant woman that:
        (1) the individual is required by law to order an HIV test

unless the pregnant woman refuses; and
        (2) the pregnant woman has a right to refuse.
    (c) The individual in attendance at the delivery shall:
        (1) provide the pregnant woman with a description of the methods of HIV transmission;
        (2) discuss risk reduction behavior modifications with the pregnant woman, including methods to reduce the risk of perinatal HIV transmission and HIV transmission through breast milk;
        (3) provide the pregnant woman with referral information to other HIV prevention, health care, and psychosocial services; and
        (4) explain to the pregnant woman:
            (A) the purpose of the test; and
            (B) the risks and benefits of the test.
    (d) The individual in attendance at the delivery shall document in the pregnant woman's medical records that the pregnant woman received the information required under subsections (b) and (c).
    (e) If a pregnant woman refuses to consent to an HIV test under this section, the refusal must be noted in the pregnant woman's medical records.

    (f) If a test ordered under subsection (a) is positive, the individual in attendance at the delivery shall inform the woman of all treatment options available to her and the prognostic implications of the disease.
     (g) The confidentiality provisions of IC 16-41-2-3 apply to this section.
    (h) The results of a test performed under this section are confidential.

SOURCE: IC 16-41-6-8; (01)MO120701.10. -->     SECTION 10. IC 16-41-6-8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. (a) The state department shall require, on the confidential portion of each birth certificate and stillbirth certificate, in addition to the information otherwise required to be included on the certificate, the following information:
        (1) Whether a serological test for HIV was performed for the woman who bore the child.
        (2) If a serological test for HIV was performed, the date the blood specimen was taken.
        (3) If a serological test for HIV was performed, whether the test was performed during pregnancy or at the time of delivery.
        (4) If a serological test for HIV was not performed, the reason why the test was not performed.
    (b) An individual who prepares a birth certificate or a stillbirth certificate shall include the information required in subsection (a) on the confidential portion of the certificate.

SOURCE: IC 16-41-6-9; (01)MO120701.11. -->     SECTION 11. IC 16-41-6-9 IS ADDED TO THE INDIANA CODE

AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 9. (a) The state department shall:
        (1) prepare written materials that:
            (A) are based on the most current information available from the federal Centers for Disease Control (CDC) and Prevention; and
            (B) explain the treatment options available to an individual who has a positive test for HIV; and
        (2) distribute the materials prepared under subdivision (1) to physicians and other individuals who are allowed by law to attend a pregnant woman.
    (b) The state department shall update and distribute the materials described in subsection (a) at least one (1) time every two (2) years.

SOURCE: IC 16-18-2-290.5; IC 16-41-6-2.5.".
; (01)MO120701.12. -->     SECTION 12. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2001]: IC 16-18-2-290.5 ; IC 16-41-6-2.5.".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1207 as printed April 6, 2001.)

________________________________________

Senator MILLER


MO120701/DI 98     2001