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.





Brown T




    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 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 2001 General Assembly.

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.