Citations Affected: IC 16-41-6-1.
Synopsis: HIV testing. Proposed conference committee report for SB 52. Allows a physician
or physician's authorized representative to test an individual for HIV if certain conditions are met
unless the individual to be tested refuses to consent to the test. (Current law prohibits a physician
from performing the test without the oral or written consent of the individual.) Requires a refusal
by an individual to have the test to be documented in the individual's medical record. Requires
the physician or authorized representative to: (1) discuss with the patient the availability of
counseling concerning the test results; (2) notify the patient of the test results; and (3) inform a
patient with a test result indicating that the patient is HIV infected of treatment and referral
options available to the patient. Provides that under certain circumstances, a physician may order
an HIV test for a patient without informing the patient or despite the individual's refusal of the
test. (This conference committee report deletes language that would have removed
documentation requirements concerning consent and counseling to pregnant women
concerning HIV testing and that would have removed a requirement that a pregnant
woman who refuses HIV testing do so in writing.)
Effective: July 1, 2012.
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed House Amendments to Engrossed Senate Bill No. 52 respectfully reports that
said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
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.
(Reference is to ESB 52 as reprinted February 15, 2012.)
S
igned by:
____________________________ ____________________________
Senator BeckerRepresentative Brown T
Chairperson
____________________________ ____________________________
Senator BreauxRepresentative Brown C
Senate Conferees House Conferees