Introduced Version
HOUSE BILL No. 1311
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 16-41-6-1; IC 16-41-6-5.
Synopsis: HIV testing of patients. Provides that a physician may order
that an individual be tested for human immunodeficiency virus (HIV)
if a health care provider has accidental direct skin or mucous
membrane contact with that individual's blood or body fluids.
Effective: July 1, 2002.
January 15, 2002, read first time and referred to Committee on Public Health.
Introduced
Second Regular Session 112th General Assembly (2002)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
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HOUSE BILL No. 1311
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-41-6-1; (02)IN1311.1.1. -->
SECTION 1.
IC 16-41-6-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: 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 ordered under section 5 of this chapter.
(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).
SOURCE: IC 16-41-6-5; (02)IN1311.1.2. -->
SECTION 2.
IC 16-41-6-5
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Sec. 5. (a) A physician, upon request of a health care
provider who has accidental direct skin or mucous membrane
contact with the blood or body fluids of an individual, may order
a confidential test for the individual with whom the health care
provider has contact to detect the:
(1) human immunodeficiency virus (HIV); or
(2) antibody or antigen to HIV.
(b) If a physician orders a test under subsection (a), the
physician shall:
(1) notify the individual that a health care provider had an
accidental direct skin or mucous membrane contact with the
blood or body fluids of the individual;
(2) notify the individual of the test; and
(3) provide HIV information and counseling to the individual,
including 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) Referral information to other HIV prevention, health
care, and psychosocial services.
(c) The results of the confidential test ordered under subsection
(a) must be released to the individual.
(d) The state department shall adopt rules under
IC 4-22-2
to
carry out this section.