Text: SF02160 Text: SF02162 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2161 1 2 1 3 AN ACT 1 4 RELATING TO THE REPORTING AND PARTNER NOTIFICATION REQUIRE- 1 5 MENTS RELATIVE TO THE HUMAN IMMUNODEFICIENCY VIRUS. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 141.4, unnumbered paragraph 2, Code 1 10 1997, is amended to read as follows: 1 11 Counseling and testing shall be provided at alternative 1 12 testing and counseling sites and at sexually transmitted 1 13 disease clinics. The Iowa department of public health shall 1 14 assist local boards of health in the development of programs 1 15 which provide freeanonymoustesting to the public. 1 16 Sec. 2. Section 141.6, subsection 3, Code 1997, is amended 1 17 to read as follows: 1 18 3. In administering the program, the Iowa department of 1 19 public health shall provide for the following: 1 20 a. A person who tests positive for the human 1 21 immunodeficiency virus infection shall receive posttest 1 22 counseling, during which time the person shall be encouraged 1 23 on a strictly confidential basis to refer for counseling and 1 24 human immunodeficiency virus testing any person with whom the 1 25 person has had sexual relations or has shared intravenous 1 26 equipment. 1 27b. If, following counseling, a person who tests positive1 28for the human immunodeficiency virus infection chooses to1 29disclose the identity of any sexual partners or persons with1 30whom the person has shared intravenous equipment, the1 31physician or health practitioner attending the person shall1 32obtain written consent which acknowledges that the person is1 33making the disclosure voluntarily.1 34c.b. The physician or health practitioner attending the 1 35 personshall forward any written consent formsmay provide any 2 1 relevant information provided by the person regarding any 2 2 person with whom the tested person has had sexual relations or 2 3 has shared intravenous equipment to the Iowa department of 2 4 public health. The department disease prevention staff shall 2 5 then conduct partner notification in the same manner as that 2 6 utilized for sexually transmitted diseases. 2 7d.c. Devise a procedure, as a part of the partner 2 8 notification program, to provide for the notification of an 2 9 identifiable third party who is a sexual partner of or who 2 10 shares intravenous equipment with a person who has tested 2 11 positive for the human immunodeficiency virus, by the 2 12 department or a physician, when all of the following 2 13 situations exist: 2 14 (1) A physician for the infected person is of the good 2 15 faith opinion that the nature of the continuing contact poses 2 16 an imminent danger of human immunodeficiency virus infection 2 17 transmission to the third party. 2 18 (2) When the physician believes in good faith that the 2 19 infected person, despite strong encouragement, has not and 2 20 will not warn the third party and will not participate in the 2 21 voluntary partner notification program. 2 22 Notwithstanding subsection 4, the department or a physician 2 23 may reveal the identity of a person who has tested positive 2 24 for the human immunodeficiency virus infection pursuant to 2 25 this subsection only to the extent necessary to protect a 2 26 third party from the direct threat of transmission. 2 27 Notification of a person pursuant to this paragraph is subject 2 28 to the disclosure provisions of section 141.23, subsection 3. 2 29 This subsection shall not be interpreted to create a duty to 2 30 warn third parties of the danger of exposure to human 2 31 immunodeficiency virus through contact with a person who tests 2 32 positive for the human immunodeficiency virus infection. 2 33 Prior to notification of a third party, the physician 2 34 proposing to cause the notification to be made shall make 2 35 reasonable efforts to inform, in writing, the person who has 3 1 tested positive for the human immunodeficiency virus 3 2 infection. The written information shall state that due to 3 3 the nature of the person's continuing contact with a third 3 4 party, the physician is forced to take action to provide 3 5 notification to the third party. The physician, when 3 6 reasonably possible, shall provide the following information 3 7 to the person who has tested positive for the human 3 8 immunodeficiency virus infection: 3 9 (a) The nature of the disclosure and the reason for the 3 10 disclosure. 3 11 (b) The anticipated date of disclosure. 3 12 (c) The name of the party or parties to whom disclosure is 3 13 to be made. 3 14 The department shall adopt rules pursuant to chapter 17A to 3 15 implement this paragraph. The rules shall provide a detailed 3 16 procedure by which the department or a physician may directly 3 17 notify an endangered third party. 3 18 Sec. 3. Section 141.8, subsections 1, 4, and 6, Code 1997, 3 19 are amended to read as follows: 3 20 1. Prior to withdrawing blood for the purpose of 3 21 performing a human immunodeficiency virus-related test, the 3 22 physician or other practitioner shall inform the subject of 3 23 the test that the test is voluntaryand may be performed3 24anonymously if requested. Within seven days after the testing 3 25 of a person with a test result indicating human 3 26 immunodeficiency virus infection which has been confirmed as 3 27 positive according to prevailing medical technology, the 3 28 physician or other practitioner at whose request the test was 3 29 performed shall make a report to the Iowa department of public 3 30 health on a form provided by the department.Prior to making3 31the required report, the physician or other practitioner shall3 32provide written information regarding the partner notification3 33program and shall inquire if the person wishes to initiate3 34participation in the program by agreeing to have identifying3 35information reported to the department on a confidential4 1basis.4 2 4. Within seven days of the testing of a person with a 4 3 test result indicating human immunodeficiency virus infection 4 4which has been confirmed as positive according to prevailing4 5medical technology, the director of a blood plasma center or 4 6 blood bank shall make a report to the Iowa department of 4 7 public health on a form provided by the department. 4 8 6. a. The forms provided by the departmentpursuant to4 9subsections 2 and 3shallcontain the name, date of birth,4 10sex, and address of the subject of the report and the name and4 11address of the physician or other person making the report.4 12The forms provided by the department pursuant to subsections4 131, 4, and 5 may include the subject's age, race, marital4 14status, or other information deemed necessary by the4 15department for epidemiological purposes, but shall not include4 16the subject's name or address without the written4 17authorization of the subject.require inclusion of all of the 4 18 following information: 4 19 (1) The name of the patient. 4 20 (2) The address of the patient. 4 21 (3) The patient's date of birth. 4 22 (4) The sex of the patient. 4 23 (5) The race or ethnicity of the patient. 4 24 (6) The patient's marital status. 4 25 (7) The patient's telephone number. 4 26 (8) The name and address of the laboratory, plasma center, 4 27 or blood center. 4 28 (9) The date the test was found to be positive and the 4 29 collection date. 4 30 (10) The name of the physician or medical provider who 4 31 performed the test. 4 32 (11) If the patient is female, whether the patient is 4 33 pregnant. 4 34 b. Thesubjectpatient shall be provided with information 4 35 regarding the confidentiality measures followed by the 5 1 department and may request that the department maintain the 5 2subject'spatient's confidential filefor the purposes of5 3partner notification, orfor the inclusion of thesubject5 4 patient in research or treatment programs. 5 5 c. The department shall develop an informational brochure 5 6 for patients who may have blood withdrawn for the purpose of 5 7 performing an HIV test. The information, at a minimum, shall 5 8 include a summary of the patient's rights and responsibilities 5 9 under the law. 5 10 Sec. 4. Section 141.10, subsection 1, paragraph d, Code 5 11 1997, is amended to read as follows: 5 12 d. Release may be made of test results concerning a 5 13 patient pursuant to procedures established under section 5 14 141.6, subsection 3, paragraph"d""c". 5 15 Sec. 5. Section 141.22, subsection 4, Code 1997, is 5 16 amended to read as follows: 5 17 4. Prior to withdrawing blood for the purpose of 5 18 performing an HIV-related test, the subject shall be given 5 19 written notice of the provisions of this section and of 5 20 section 141.6, subsection 3, paragraph"d""c". 5 21 5 22 5 23 5 24 MARY E. KRAMER 5 25 President of the Senate 5 26 5 27 5 28 5 29 RON J. CORBETT 5 30 Speaker of the House 5 31 5 32 I hereby certify that this bill originated in the Senate and 5 33 is known as Senate File 2161, Seventy-seventh General Assembly. 5 34 5 35 6 1 6 2 MARY PAT GUNDERSON 6 3 Secretary of the Senate 6 4 Approved , 1998 6 5 6 6 6 7 6 8 TERRY E. BRANSTAD 6 9 Governor
Text: SF02160 Text: SF02162 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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