Text: HF00100 Text: HF00102 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 141.22, subsection 1, unnumbered 1 2 paragraph 1, Code 1999, is amended to read as follows: 1 3 Prior to withdrawing blood for the purpose of performing an 1 4 HIV-related test, the subject of the test,orthe subject's 1 5 legal guardian, or the subject's attorney in fact designated 1 6 pursuant to chapter 144B, except when the provisions of 1 7 subsection 6 apply, shall be provided with preliminary 1 8 counseling which shall include but is not limited to the 1 9 following: 1 10 Sec. 2. Section 141.22, subsection 7, Code 1999, is 1 11 amended to read as follows: 1 12 7. When submitted, the department shall review and approve 1 13 pamphlets containing the information required to be provided 1 14 to a subject,orthe subject's legal guardian, or the 1 15 subject's attorney in fact designated pursuant to chapter 144B 1 16 pursuant to subsection 1. The department shall also prepare a 1 17 model pamphlet containing this information. This subsection 1 18 does not require submission of all pamphlets containing the 1 19 required information to the department for approval. 1 20 Sec. 3. Section 141.23, subsection 1, paragraphs a, b, and 1 21 i, Code 1999, are amended to read as follows: 1 22 a. The subject of the test,orthe subject's legal 1 23 guardian, or the subject's attorney in fact designated 1 24 pursuant to chapter 144B, subject to the provisions of section 1 25 141.22, subsection 6, when applicable. 1 26 b. Any person who secures a written release of test 1 27 results executed by the subject of the test,orthe subject's 1 28 legal guardian, or the subject's attorney in fact designated 1 29 pursuant to chapter 144B. 1 30 i. The convicted or alleged offender, the physician or 1 31 other practitioner who orders the test of the convicted or 1 32 alleged offender, the victim, the parent, guardian, or 1 33 custodian of the victim if the victim is a minor, the victim's 1 34 attorney in fact designated pursuant to chapter 144B, the 1 35 physician of the victim, the victim counselor or person 2 1 requested by the victim who is authorized to provide the 2 2 counseling required pursuant to section 141.22, the victim's 2 3 spouse, persons with whom the victim has engaged in vaginal, 2 4 anal, or oral intercourse subsequent to the sexual assault, or 2 5 members of the victim's family within the third degree of 2 6 consanguinity, and the county attorney who may use the results 2 7 as evidence in the prosecution of sexual assault or 2 8 prosecution of the offense of criminal transmission of HIV 2 9 under chapter 709C. For the purposes of this paragraph, 2 10 "victim" means victim as defined in section 915.40. 2 11 Sec. 4. Section 915.40, subsection 9, Code 1999, is 2 12 amended to read as follows: 2 13 9. "Petitioner" means a person who is the victim of a 2 14 sexual assault which resulted in alleged significant exposure 2 15 or the parent, guardian, or custodian of a victim if the 2 16 victim is a minor, or the victim's attorney in fact designated 2 17 pursuant to chapter 144B, for whom the county attorney files a 2 18 petition with the district court to require the convicted 2 19 offender to undergo an HIV-related test. 2 20 Sec. 5. Section 915.43, subsection 4, Code 1999, is 2 21 amended to read as follows: 2 22 4. Results of a test performed under this subchapter, 2 23 except as provided in subsection 13, shall be disclosed only 2 24 to the physician or other practitioner who orders the test of 2 25 the convicted or alleged offender, the convicted or alleged 2 26 offender, the victim, the victim counselor or person requested 2 27 by the victim who is authorized to provide the counseling 2 28 required pursuant to section 141.22, the physician of the 2 29 victim if requested by the victim, the parent, guardian, or 2 30 custodian of the victim, if the victim is a minor, the 2 31 victim's attorney in fact designated pursuant to chapter 144B, 2 32 and the county attorney who filed the petition for HIV-related 2 33 testing under this chapter, who may use the results to file 2 34 charges of criminal transmission of HIV under chapter 709C. 2 35 Results of a test performed under this subchapter shall not be 3 1 disclosed to any other person without the written informed 3 2 consent of the convicted or alleged offender. A person to 3 3 whom the results of a test have been disclosed under this 3 4 subchapter is subject to the confidentiality provisions of 3 5 section 141.23, and shall not disclose the results to another 3 6 person except as authorized by section 141.23, subsection 1. 3 7 EXPLANATION 3 8 This bill provides authority to a person, designated as an 3 9 attorney in fact under a durable power of attorney, relative 3 10 to the HIV-related testing of a person who is the principal 3 11 under the durable power of attorney for health care, to be 3 12 provided with counseling, information, and the results of the 3 13 HIV-related test. This authority is similar to the authority 3 14 of a parent or legal guardian of the subject of an HIV-related 3 15 test. The bill also authorizes the attorney in fact under a 3 16 durable power of attorney to petition the district court to 3 17 require a convicted or alleged offender to undergo an HIV- 3 18 related test and authorizes the attorney in fact to be 3 19 provided the results of the test. 3 20 LSB 1037HH 78 3 21 pf/jw/5
Text: HF00100 Text: HF00102 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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