PRINTER'S NO. 810
No. 726 Session of 2001
INTRODUCED BY REINARD, McILHINNEY AND STEIL, FEBRUARY 14, 2001
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, FEBRUARY 14, 2001
AN ACT 1 Amending the act of November 29, 1990 (P.L.585, No.148), 2 entitled "An act providing for confidentiality of certain 3 records; providing for the authorized sharing of certain 4 information; providing for written consent prior to an HIV- 5 related test, with certain exceptions; providing for civil 6 immunity for certain licensed physicians; providing for 7 protective procedures and equipment; and creating a civil 8 cause of action," further providing for exception to written 9 prior consent to HIV-related tests. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. Section 6(b) of the act of November 29, 1990 13 (P.L.585, No.148), known as the Confidentiality of HIV-Related 14 Information Act, is amended by adding a paragraph to read: 15 Section 6. Certification of significant exposure and testing 16 procedures. 17 * * * 18 (b) Opportunity for source patient to consent.-- 19 * * * 20 (2.1) The source patient's physician, institutional 21 health care provider or first responder may obtain a court
1 order which would direct a person who will not voluntarily 2 submit to HIV-related tests when a blood sample is not 3 available and who was the source of a significant exposure of 4 such personnel to submit to HIV-related tests. The petition 5 for a court order must follow the procedures outlined in 6 section 8. 7 * * * 8 Section 2. This act shall take effect in 60 days. A11L35VDL/20010H0726B0810 - 2 -