S.F. 250 Section 1. Section 141A.6, subsection 1, Code 2013, is 1 amended to read as follows: 2 1. Prior to undergoing a voluntary HIV-related test, 3 information shall be available to the subject of the test 4 concerning testing and any means of obtaining additional 5 information regarding HIV transmission and risk reduction. If 6 an individual signs a general consent form for the performance 7 of medical tests or procedures, the signing of an additional 8 consent form for the specific purpose of consenting to an 9 HIV-related test is not required during the time in which 10 the general consent form is in effect. If an individual 11 has not signed a general consent form for the performance 12 of medical tests and procedures or the consent form is no 13 longer in effect, a health care provider shall obtain oral or 14 written consent prior to performing an HIV-related test. If 15 an individual is unable to provide consent, the individual’s 16 legal guardian may provide consent. If the individual’s legal 17 guardian cannot be located or is unavailable, a health care 18 provider may authorize the test when the test results are 19 necessary for diagnostic purposes to provide appropriate urgent 20 medical care. Unless a minor is unable to provide consent, 21 only the minor’s consent is required to undergo an HIV-related 22 test and consent of the minor’s legal guardian is not required. 23 Sec. 2. Section 141A.7, subsections 1 and 3, Code 2013, are 24 amended to read as follows: 25 1. At any time that the subject of an HIV-related test 26 is informed of confirmed positive test results, counseling 27 concerning the emotional and physical health effects shall be 28 initiated. Particular attention shall be given to explaining 29 the need for the precautions necessary to avoid transmitting 30 the virus. The subject shall be given information concerning 31 additional counseling. If the legal guardian of the subject 32 of the test provides consent to the test pursuant to section 33 141A.6 because the individual is unable to provide consent , 34 the provisions of this subsection shall apply to the legal 35 -1- LSB 2414XS (4) 85 pf/nh 1/ 4

S.F. 250 guardian. 1 3. A person may apply for voluntary treatment, 2 contraceptive services, or screening or treatment for HIV 3 infection and other sexually transmitted diseases directly to a 4 licensed physician and surgeon, an osteopathic physician and 5 surgeon, or a family planning clinic. Notwithstanding any 6 other provision of law, however, a The consent of a minor’s 7 legal guardian is not required for the minor to receive 8 services, screening, or treatment. A minor applying for 9 services, screening, or treatment shall give written consent to 10 receive the services, screening, or treatment and such consent 11 is not subject to later disaffirmance by reason of minority. 12 A minor shall be informed prior to testing that, unless the 13 minor consents to inform the minor’s legal guardian, upon 14 confirmation according to prevailing medical technology of a 15 positive HIV-related test result, the minor’s legal guardian 16 is required to shall not be informed by the testing facility. 17 Testing facilities where minors are tested shall have available 18 a program to assist minors a minor who consents to notification 19 of the minor’s legal guardian and the minor’s legal guardians 20 guardian with the notification process which emphasizes the 21 need for family support and assists in making available the 22 resources necessary to accomplish that goal. However, a 23 A testing facility which is precluded by federal statute, 24 regulation, or centers for disease control and prevention 25 guidelines from informing the legal guardian is exempt from 26 the informing a minor of the option to consent to notification 27 requirement of the minor’s legal guardian . The minor shall 28 give written consent to these procedures and to receive the 29 services, screening, or treatment. Such consent is not subject 30 to later disaffirmance by reason of minority. 31 EXPLANATION 32 This bill relates to the consent to and notification of 33 individuals regarding HIV-related tests and test results. 34 The law provides for consent to undergoing voluntary 35 -2- LSB 2414XS (4) 85 pf/nh 2/ 4

S.F. 250 HIV-related tests, including a provision that allows a legal 1 guardian to provide consent if the individual who is the 2 subject of the test is unable to do so. The bill provides that, 3 unless a minor is unable to provide consent, only the minor’s 4 consent is required to undergo the HIV-related test and the 5 consent of the minor’s legal guardian is not required. 6 The law also specifies who is required to be informed of 7 HIV-related confirmed positive test results. The law provides 8 that if the legal guardian of the individual who is the subject 9 of the test provided consent to the testing, the legal guardian 10 is to be informed of the positive test results and counseling 11 is to be provided to the legal guardian. The bill clarifies 12 that this informing of the legal guardian only applies when 13 the legal guardian provided consent because the individual was 14 unable to do so. 15 The law provides that a person may apply for voluntary 16 treatment, contraceptive services, or screening or treatment 17 for HIV infection and other sexually transmitted diseases 18 directly to a licensed physician and surgeon, an osteopathic 19 physician and surgeon, or a family planning clinic. The minor 20 is to be informed that the minor’s legal guardian is required 21 to be informed of a positive HIV-related test result. The bill 22 amends this provision to instead provide that the consent of a 23 minor’s legal guardian is not required for the minor to receive 24 services, screening, or treatment, and that instead the minor 25 applying for services, screening, or treatment is required to 26 give written consent to receive the services, screening, or 27 treatment. The bill provides that the minor’s consent is not 28 subject to later disaffirmance by reason of minority. Under 29 the bill, unless a minor consents to inform the minor’s legal 30 guardian upon confirmation of a positive HIV-related test 31 result, the minor’s legal guardian shall not be informed by 32 the testing facility. The bill retains the existing provision 33 that requires testing facilities where minors are tested to 34 have a program available to assist minors and legal guardians 35 -3- LSB 2414XS (4) 85 pf/nh 3/ 4

S.F. 250 with the notification process, but under the bill this would 1 only apply if the minor consented to notification of the 2 minor’s legal guardian. Under the law, testing facilities 3 which are precluded by federal statute, regulation, or centers 4 for disease control and prevention guidelines from informing 5 a minor’s legal guardian are also exempt under state law from 6 notifying a minor’s legal guardian. In addition, under the 7 bill, these entities are also exempt from informing the minor 8 of the option to consent to notification of the minor’s legal 9 guardian since the entities are already prohibited from the 10 resulting notification. 11 -4- LSB 2414XS (4) 85 pf/nh 4/ 4