Text: SF02213 Text: SF02215 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 141.22, subsection 5, Code 1995, is
1 2 amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. d. The performance by a health care
1 4 provider or health facility of an HIV-related test when the
1 5 subject of the test is deceased, an emergency care provider or
1 6 health care provider as defined pursuant to section 141.22A
1 7 has been subject to a significant exposure as defined pursuant
1 8 to section 141.22A, and written consent to the HIV-related
1 9 test has been obtained from any of the following persons, in
1 10 order of the priority stated, when persons in prior classes
1 11 are not available:
1 12 (1) The person designated as the attorney in fact of the
1 13 deceased person pursuant to chapter 144B who was acting as
1 14 attorney in fact at the time of the deceased person's death.
1 15 (2) The legal guardian of the deceased person at the time
1 16 of the deceased person's death.
1 17 (3) The spouse of the deceased person.
1 18 (4) An adult child of the deceased person.
1 19 (5) A parent of the deceased person.
1 20 (6) An adult sibling of the deceased person.
1 21 (7) Any other member of the deceased person's family who
1 22 is authorized to handle the disposition of the body.
1 23 Sec. 2. Section 141.23, subsection 1, Code 1995, is
1 24 amended by adding the following new paragraph:
1 25 NEW PARAGRAPH. k. Any person who secures a written
1 26 release of test results pursuant to section 141.22, subsection
1 27 5, paragraph "d", which is executed by a person authorized to
1 28 provide consent pursuant to section 141.22, subsection 5,
1 29 paragraph "d".
1 30 EXPLANATION
1 31 This bill provides an exception to human immunodeficiency
1 32 virus-related (HIV-related) testing requirements including
1 33 preliminary and post-test counseling, when the subject of the
1 34 test is deceased, an emergency care provider or a health care
1 35 provider has been subject to a significant exposure, and an
2 1 attorney in fact, legal guardian, spouse, adult child, parent,
2 2 adult sibling, or other member of the deceased person's family
2 3 responsible for the handling of the body provides consent to
2 4 the test.
2 5 The bill also provides that the results of an HIV-related
2 6 test and the identity of the subject of the test may be
2 7 disclosed to the person who secures a release of the test
2 8 results from a person authorized to provide consent under the
2 9 provision relating to the testing of a deceased person.
2 10 Remedies for violation of provisions relating to HIV-
2 11 related testing, including the right of action for damages, is
2 12 applicable to a violation of the new provisions.
2 13 LSB 3490SV 76
2 14 pf/jw/5
Text: SF02213 Text: SF02215 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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