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House Journal: Page 388: Thursday, February 9, 1995

12   give legal consent to receive such treatment and
13   rehabilitation.
14     Sec. 3.  Section 141.22, subsection 6, Code 1995,
15   is amended to read as follows:
16     6.  A person may apply for voluntary treatment,
17   contraceptive services, or screening or treatment for
18   AIDS and other sexually transmitted diseases, directly
19   to a licensed physician and surgeon, an osteopathic
20   physician and surgeon, or a family planning clinic.
21   Notwithstanding any other provision of law, if If
the
22   person seeking the treatment is a minor who has
23   personally made a parent, legal guardian, or
custodian
24   shall make the application for services, screening, or
25   treatment, the fact that the minor sought services or
26   is receiving services, screening, or treatment shall
27   not be reported or disclosed, except for statistical
28   purposes.  Notwithstanding any other provision of
law,
29   however, the The minor shall be informed prior to
30   testing that upon confirmation according to prevailing
31   medical technology of a positive HIV-related test
32   result the minor's parent, legal guardian, or
33   custodian is required to be informed by the testing
34   facility.  Testing facilities where minors are tested
35   shall have available a program to assist minors and
36   parents, legal guardians, and custodians with the
37   notification process which emphasizes the need for
38   family support and assists in making available the
39   resources necessary to accomplish that goal.  However,
40   a testing facility which is precluded by federal
41   statute, regulation, or center for disease control
42   guidelines, from informing the legal guardian is
43   exempt from the notification requirement, but not from
44   the requirement for an assistance program.  The minor
45   shall give written consent to these procedures and to
46   receive the services, screening, or treatment.  Such
47   consent is not subject to later disaffirmance by
48   reason of minority.
49     Sec. 4.  Section 147.137, subsection 3, Code 1995,
50   is amended to read as follows:
Page   3
 1     3.  Is signed by the patient for whom the procedure
 2   is to be performed, or if the patient for any reason
 3   lacks legal capacity to consent, including that the
 4   patient is under eighteen years of age and has not
 5   been and is not married, is signed by a person who has
 6   legal authority to consent on behalf of that patient
 7   in those circumstances.
 8     Sec. 5.  Section 147A.10, subsection 2, Code 1995,
 9   is amended to read as follows:
10     2.  A physician, physician's designee, physician
11   assistant, or advanced emergency medical care provider
12   shall not be subject to civil liability solely by

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