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PAG LIN 1 1 Section 1. Section 141.1, unnumbered paragraph 1, Code 1 2 1995, is amended to read as follows: 1 3 The Iowa department of public health is designated as the 1 4 lead agency in the coordination and implementation of the 1 5 state comprehensive acquired immune deficiency syndrome 1 6(AIDS)-related conditions(AIDS) prevention and intervention 1 7 plan. As used in this subchapter, "acquired immune deficiency1 8syndrome-related conditions" or "AIDS-related conditions"1 9means human immunodeficiency virus, acquired immune deficiency1 10syndrome, acquired immune deficiency syndrome-related complex,1 11or any other condition resulting from the human1 12immunodeficiency virus infection.: 1 13 1. "AIDS" means acquired immune deficiency syndrome as 1 14 defined by the centers for disease control and prevention of 1 15 the United States department of health and human services. 1 16 2. "HIV" means the human immunodeficiency virus identified 1 17 as the causative agent of AIDS. 1 18 Sec. 2. Section 141.3, subsection 2, Code 1995, is amended 1 19 to read as follows: 1 20 2. The program of public and professional AIDS-related 1 21 education shall include the following components: 1 22 a. PertinentAIDS-related conditionsHIV and AIDS 1 23 information directed toward individuals who are at risk foran1 24AIDS-related conditionHIV and AIDS. 1 25 b. PertinentAIDS-related conditionsHIV and AIDS 1 26 information directed toward all providers of health care. 1 27 c. PertinentAIDS-related conditionsHIV and AIDS 1 28 information directed toward the general public. 1 29 Sec. 3. Section 141.4, unnumbered paragraph 2, Code 1995, 1 30 is amended to read as follows: 1 31 Counseling and testing shall be provided at alternative 1 32 testing and counseling sites and at sexually transmitted 1 33 disease clinics. The Iowa department of public health shall 1 34 assist local boards of health in the development of programs 1 35 which provide freeanonymoustesting to the public. 2 1 Sec. 4. Section 141.5, subsection 1, Code 1995, is amended 2 2 to read as follows: 2 3 1. The conducting of informational campaigns designed to 2 4 increase the understanding ofAIDS-related conditionsHIV and 2 5 AIDS in all segments of the population to alleviate unfounded 2 6 fear and anxiety. 2 7 Sec. 5. Section 141.6, subsection 3, Code 1995, is amended 2 8 to read as follows: 2 9 3. In administering the program, the Iowa department of 2 10 public health shall provide for the following: 2 11 a. A person who tests positive for the human 2 12 immunodeficiency virus infection shall receiveposttest2 13 counseling, during which time theperson shall be encouraged2 14on a strictly confidential basis to refer for counseling and2 15human immunodeficiency virus testing any person with whom the2 16person has had sexual relations or has shared intravenous2 17equipmentdepartment shall request the person to assist the 2 18 department in determining, on a strictly confidential basis, 2 19 for counseling and human immunodeficiency virus testing 2 20 referral, the identity of any person with whom the person has 2 21 had sexual relations or has shared injection equipment. 2 22b. If, following counseling, a person who tests positive2 23for the human immunodeficiency virus infection chooses to2 24disclose the identity of any sexual partners or persons with2 25whom the person has shared intravenous equipment, the2 26physician or health practitioner attending the person shall2 27obtain written consent which acknowledges that the person is2 28making the disclosure voluntarily.2 29c. The physician or health practitioner attending the2 30person shall forward any written consent forms to the Iowa2 31department of public health.2 32d.b. Devise a procedure, as a part of the partner 2 33 notification program, to provide for the notification of an 2 34 identifiable third party who is a sexual partner of or who 2 35 shares intravenous equipment with a person who has tested 3 1 positive for the human immunodeficiency virus, by the 3 2 department or a physician, when all of the following3 3situations exist:. 3 4(1) A physician for the infected person is of the good3 5faith opinion that the nature of the continuing contact poses3 6an imminent danger of human immunodeficiency virus infection3 7transmission to the third party.3 8(2) When the physician believes in good faith that the3 9infected person, despite strong encouragement, has not and3 10will not warn the third party and will not participate in the3 11voluntary partner notification program.3 12Notwithstanding subsection 4, the department or a physician3 13may reveal the identity of a person who has tested positive3 14for the human immunodeficiency virus infection pursuant to3 15this subsection only to the extent necessary to protect a3 16third party from the direct threat of transmission.3 17Notification of a person pursuant to this paragraph is subject3 18to the disclosure provisions of section 141.23, subsection 3.3 19 This subsection shall not be interpreted to create a duty to 3 20 warn third parties of the danger of exposure to human 3 21 immunodeficiency virus through contact with a person who tests 3 22 positive for the human immunodeficiency virus infection. 3 23 Prior to notification of a third party, thephysician3 24proposing to cause the notification to be madedepartment 3 25 shall make reasonable efforts to inform, in writing, the 3 26 person who has tested positive for the human immunodeficiency 3 27 virus infection.The written information shall state that due3 28to the nature of the person's continuing contact with a third3 29party, the physician is forced to take action to provide3 30notification to the third party.Thephysiciandepartment, 3 31 when reasonably possible, shall provide the following 3 32 information to the person who has tested positive for the 3 33 human immunodeficiency virus infection: 3 34 (a) The nature of the disclosure and the reason for the 3 35 disclosure. 4 1 (b) The anticipated date of disclosure. 4 2 (c) The name of the party or parties to whom disclosure is 4 3 to be made. 4 4 The department shall adopt rules pursuant to chapter 17A to 4 5implementadminister this paragraph.The rules shall provide4 6a detailed procedure by which the department or a physician4 7may directly notify an endangered third party.4 8 Sec. 6. Section 141.8, subsections 1, 2, 3, 5, and 6, Code 4 9 1995, are amended to read as follows: 4 10 1. Prior towithdrawing blood for the purpose of4 11 performing a human immunodeficiency virus-related test, the 4 12 physician or other practitioner shall inform the subject of 4 13 the test that the test is voluntaryand may be performed4 14anonymously if requested. Within seven days after the testing 4 15 of a person with a test result indicating human 4 16 immunodeficiency virus infection which has been confirmed as 4 17 positive according to prevailing medical technology, the 4 18 physician or other practitioner at whose request the test was 4 19 performed shall make a report to the Iowa department of public 4 20 health on a form provided by the department.Prior to making4 21the required report, the physician or other practitioner shall4 22provide written information regarding the partner notification4 23program and shall inquire if the person wishes to initiate4 24participation in the program by agreeing to have identifying4 25information reported to the department on a confidential4 26basis.4 27 2. Within seven days of diagnosing a person as havingan4 28AIDS-related conditioncontracted AIDS, the diagnosing 4 29 physician or other practitioner shall make a report to the 4 30 Iowa department of public health on a form provided by the 4 31 department. 4 32 3. Within seven days of the death of a person resulting 4 33 froman AIDS-related conditionAIDS, the attending physician 4 34 or other practitioner shall make a report to the Iowa 4 35 department of public health on a form provided by the 5 1 department. 5 2 5. Within seven days of the testing of a person with a 5 3 test result indicating human immunodeficiency virus infection 5 4 which has been confirmed as positive according to prevailing 5 5 medical technology, the director of a clinical laboratory 5 6 shall make a report to the Iowa department of public health 5 7stating the person's name or a confidential form of5 8identification known only to the physician or other health5 9practitioner requesting the test and the name and address of5 10the physician or other health care practitioner requesting the5 11teston a form provided by the department. 5 12 6. The forms provided by the department pursuant to 5 13 subsections2 and 31 through 5 shall contain the name, date 5 14 of birth, sex, and address of the subject of the report and 5 15 the name and address of the physician or other person making 5 16 the report.The forms provided by the department pursuant to5 17subsections 1, 4, and 5 may include the subject's age, race,5 18marital status, or other information deemed necessary by the5 19department for epidemiological purposes, but shall not include5 20the subject's name or address without the written5 21authorization of the subject.5 22The subject shall be provided with information regarding5 23the confidentiality measures followed by the department and5 24may request that the department maintain the subject's5 25confidential file for the purposes of partner notification, or5 26for the inclusion of the subject in research or treatment5 27programs.5 28 Sec. 7. Section 141.21, subsection 2, Code 1995, is 5 29 amended by striking the subsection. 5 30 Sec. 8. Section 141.22, subsection 1, Code 1995, is 5 31 amended to read as follows: 5 32 1. Prior towithdrawing blood for the purpose of5 33 performing an HIV-related test, the subject of the test or the 5 34 subject's legal guardian, except when the provisions of 5 35 subsection 6 apply, shall be provided with preliminary 6 1 counseling which shall include but is not limited to the 6 2 following: 6 3 a. An explanation of the test, including the test's 6 4 purposes, potential uses, limitations, and the meaning of both 6 5 positive and negative results. 6 6 b. An explanation of the nature of HIV and AIDSand ARC, 6 7 including the relationship between the test results and the 6 8diseasesdisease. 6 9 c. An explanation of the procedures to be followed, 6 10 including the fact that the test is entirely voluntaryand can6 11be performed anonymously if requested. 6 12 d. Information concerning behavioral patterns known to 6 13 expose a person to the possibility of contracting AIDS and 6 14 methods for minimizing the risk of exposure. 6 15 Sec. 9. Section 141.22, subsection 2, Code 1995, is 6 16 amended by striking the subsection. 6 17 Sec. 10. Section 141.22, subsection 4, Code 1995, is 6 18 amended to read as follows: 6 19 4. Prior towithdrawing blood for the purpose of6 20 performing an HIV-related test, the subject shall be given 6 21 written notice of the provisions of this section and of 6 22 section 141.6, subsection 3, paragraph"d""b". 6 23 Sec. 11. Section 141.22A, subsection 1, paragraph d, Code 6 24 Supplement 1995, is amended to read as follows: 6 25 d. "Infectious bodily fluids" means bodily fluids capable 6 26 of transmitting HIV infection as determined by the centers for 6 27 disease control and prevention of the United States department 6 28 of health and human services and adopted by rule of the 6 29 department. 6 30 EXPLANATION 6 31 This bill changes provisions relating to acquired immune 6 32 deficiency syndrome classification, testing confidentiality 6 33 and methodology, third-party notification procedures, and 6 34 reporting procedures to the Iowa department of public health. 6 35 The bill deletes reference throughout Iowa Code chapter 141 7 1 to "acquired immune deficiency syndrome-related complex", 7 2 substituting the terms "HIV" and "AIDS" to reflect current 7 3 terminology utilized by the national centers for disease 7 4 control and prevention regarding the conditions of human 7 5 immunodeficiency virus infection and acquired immune 7 6 deficiency syndrome diagnosis. 7 7 The bill removes the previously available option of 7 8 anonymous testing and reporting of results by physicians, 7 9 blood plasma centers and blood banks, and clinical 7 10 laboratories to the Iowa department of public health. Within 7 11 seven days after confirmation of a positive test for human 7 12 immunodeficiency virus infection, a physician or health 7 13 practitioner requesting the test, or the director of a blood 7 14 plasma center, blood bank, or clinical laboratory, shall make 7 15 a report to the Iowa department of public health on a form 7 16 provided by the department of public health containing the 7 17 name, date of birth, sex, and address of the subject of the 7 18 report, along with the name and address of the physician or 7 19 health practitioner making the report. This procedure also 7 20 applies to a physician or health practitioner making a 7 21 diagnosis of acquired immune deficiency syndrome, or an 7 22 attending physician or health practitioner reporting a death 7 23 therefrom. 7 24 The bill provides that individuals testing positive for 7 25 human immunodeficiency virus infection shall be requested to 7 26 assist the department on a confidential basis in determining 7 27 the identity of sexual or injected drug use partners 7 28 potentially infected. The requirement that a physician or 7 29 other health practitioner obtain written consent that such 7 30 disclosures are being given voluntarily is removed. Partner 7 31 notification will no longer be contingent upon the good faith 7 32 opinion of a physician that the nature of continued contact 7 33 poses an imminent danger of transmission and that voluntary 7 34 partner notification will not take place. Written 7 35 notification by a physician of a positive test and the intent 8 1 to notify partners will no longer be required to be supplied 8 2 to the subject of the test. Instead, a reasonable effort to 8 3 inform standard applies. 8 4 The bill deletes reference to "withdrawing blood" when 8 5 referring to performing a human immunodeficiency virus-related 8 6 test, in recognition of an expanded testing methodology. 8 7 LSB 3162YH 76 8 8 rn/jw/5.1
Text: HF02118 Text: HF02120 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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