PRINTER'S NO. 1054
No. 935 Session of 2001
INTRODUCED BY WANSACZ, ADOLPH, BELARDI, BELFANTI, CAPPABIANCA,
EGOLF, FRANKEL, HALUSKA, HENNESSEY, HORSEY, JAMES, LAUGHLIN,
LUCYK, MELIO, READSHAW, SCRIMENTI, SHANER, SOLOBAY, STABACK,
TIGUE, WATERS AND WOJNAROSKI, MARCH 13, 2001
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
MARCH 13, 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," extending applicability of the act to other
9 bloodborne pathogens.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The title and sections 1, 2, 3, 5, 6, 7, 8, 9(a)
13 and 11 of the act of November 29, 1990 (P.L.585, No.148), known
14 as the Confidentiality of HIV-Related Information Act, are
15 amended to read:
16 AN ACT
17 Providing for confidentiality of certain records; providing for
18 the authorized sharing of certain information; providing for
19 written consent prior to [an HIV-related test] certain
20 medical tests, with certain exceptions; providing for civil
1 immunity for certain licensed physicians; providing for
2 protective procedures and equipment; and creating a civil
3 cause of action.
4 Section 1. Short title.
5 This act shall be known and may be cited as the
6 Confidentiality of HIV-Related and Bloodborne Pathogen
7 Information Act.
8 Section 2. Legislative intent.
9 (a) Findings.--The General Assembly finds that the incidence
10 of acquired immune deficiency syndrome (AIDS) is increasing in
11 this Commonwealth at a significant rate. Controlling the
12 incidence of this disease [is] and other bloodborne pathogens
13 are aided by providing testing and counseling activities for
14 those persons who are at risk of exposure to or who are carrying
15 the human immunodeficiency virus (HIV), which is the causative
16 agent of AIDS or other bloodborne pathogens. Testing and
17 counseling are promoted by establishing confidentiality
18 requirements which protect individuals from inappropriate
19 disclosure and subsequent misuse of confidential HIV-related
20 information and information pertaining to other diseases caused
21 by bloodborne pathogens. The General Assembly also finds that,
22 since certain specific behaviors place a person at risk of
23 contracting the virus, testing and counseling of persons who are
24 at risk of exposure to the virus makes an efficient use of
25 available funding.
26 (b) Further findings.--The General Assembly further finds
27 that individual health care providers are increasingly concerned
28 about occupational exposure to a number of bloodborne pathogens
29 including human immunodeficiency virus (HIV), the causative
30 agent for acquired immune deficiency syndrome (AIDS). Due to the
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1 nature of their work, individual health care providers and first
2 responders frequently come into contact with the blood and/or
3 body fluids of individuals whose [HIV infection] bloodborne
4 pathogen status is not known. Regardless of the use of universal
5 precautions to prevent [HIV] bloodborne pathogen transmission
6 between patients and individual health care providers, there
7 will be instances of significant exposure to the blood and/or
8 body fluids of patients.
9 (c) Intent.--It is the intent of the General Assembly to
10 promote confidential testing on an informed and voluntary basis
11 in order to encourage those most in need to obtain testing and
12 appropriate counseling.
13 (d) Further intent.--It is the further intent of the General
14 Assembly to provide a narrow exposure notification and
15 information mechanism for individual health care providers or
16 first responders, who experience a significant exposure to a
17 patients's blood and/or body fluids, to learn of a patient's
18 [HIV infection] bloodborne pathogen status and thereby obtain
19 the means to make informed decisions with respect to modes and
20 duration of therapy as well as measures to reduce the likelihood
21 of transmitting an infection to others.
22 Section 3. Definitions.
23 The following words and phrases when used in this act shall
24 have the meanings given to them in this section unless the
25 context clearly indicates otherwise:
26 "AIDS." Acquired immune deficiency syndrome.
27 "Available blood." Blood that is in the possession of the
28 institutional health care provider or the source patient's
29 physician pursuant to a valid authorization.
30 "Bloodborne pathogen." Any pathogenic microorganism that is
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1 present in human blood and may cause disease in a person,
2 including, but not limited to, hepatitis B virus (HBV),
3 hepatitis C virus (HCV), and human immunodeficiency virus (HIV).
4 "CDC." The Centers for Disease Control of the United States
5 Public Health Service.
6 "Confidential HIV-related information." Any information
7 which is in the possession of a person who provides one or more
8 health or social services or who obtains the information
9 pursuant to a release of confidential HIV-related or bloodborne
10 pathogen information and which concerns whether an individual
11 has been the subject of an HIV-related or bloodborne pathogen
12 test, or has HIV, HIV-related illness [or], AIDS or any other
13 bloodborne pathogen; or any information which identifies or
14 reasonably could identify an individual as having one or more of
15 these conditions, including information pertaining to the
16 individual's contacts.
17 "Contact." A sex-sharing or needle-sharing partner of the
18 subject.
19 "Department." The Department of Health of the Commonwealth.
20 "First responder." Police, firefighters, paid and volunteer
21 emergency medical services (EMS) personnel, rescue personnel or
22 any other person who provides emergency response, first aid or
23 other medically related assistance either in the course of their
24 occupational duties or as a volunteer, which may expose them to
25 contact with a person's bodily fluids.
26 "Health care provider." An individual or institutional
27 health care provider.
28 "HIV." The human immunodeficiency virus.
29 "HIV-related or bloodborne pathogen test." Any laboratory
30 test or series of tests for any virus, antibody, antigen or
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1 etiologic agent whatsoever thought to cause or to indicate the
2 presence of HIV or bloodborne pathogen infection.
3 "Home care agency." Any organization or part of an
4 organization which is staffed and equipped to provide in-home
5 health care services. The term includes, but is not limited to,
6 Pennsylvania-licensed home health agencies, home health aide
7 agencies or private duty care agencies.
8 "Individual health care provider." A physician, nurse, paid
9 and volunteer emergency medical services [worker] (EMS)
10 personnel, chiropractor, optometrist, psychologist, nurse-
11 midwife, physician assistant, dentist or other person, including
12 a professional corporation or partnership, providing medical,
13 nursing, drug or alcohol rehabilitation services, mental health
14 services, other health care services or an employee or agent of
15 such individual or an institutional health care provider.
16 "Institutional health care provider." A hospital, nursing
17 home, hospice, clinic, blood bank, plasmapheresis or other blood
18 product center, organ or tissue bank, sperm bank, clinical
19 laboratory, residential or outpatient drug and alcohol
20 rehabilitation service, mental health facility, mental
21 retardation facility, home care agency as defined in this act,
22 or any health care institution required to be licensed in this
23 Commonwealth whether privately or publicly operated.
24 "Insurer." Any insurance company, association or exchange
25 authorized to do business in this Commonwealth under the act of
26 May 17, 1921 (P.L.682, No.284), known as The Insurance Company
27 Law of 1921, any entity subject to 40 Pa.C.S. Ch. 61 (relating
28 to hospital plan corporations) or 63 (relating to professional
29 health services plan corporations), the act of December 29, 1972
30 (P.L.1701, No.364), known as the Health Maintenance Organization
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1 Act, or the act of July 29, 1977 (P.L.105, No.38), known as the
2 Fraternal Benefit Society Code.
3 "Significant exposure." Direct contact with blood or body
4 fluids of a patient in a manner which, according to the most
5 current guidelines of the Centers for Disease Control, is
6 capable of transmitting [human immunodeficiency virus] any
7 bloodborne pathogen, including, but not limited to, a
8 percutaneous injury (e.g., a needle stick or cut with a sharp
9 object), contact of mucous membranes or contact of skin
10 (especially when the exposed skin is chapped, abraded or
11 afflicted with dermatitis) or if the contact is prolonged or
12 involves an extensive area.
13 "Source patient." Any person whose body fluids have been the
14 source of a significant exposure to an individual health care
15 provider.
16 "Subject." An individual or a guardian of the person of that
17 individual.
18 "Substitute decisionmaker." Any guardian or person who by
19 law or medical practice is authorized to consent on behalf of an
20 incompetent person for medical treatment.
21 Section 5. Consent to HIV-related or bloodborne pathogen test.
22 (a) Consent.--Except as provided in section 6 with respect
23 to the involuntary testing of a source patient, no HIV-related
24 or bloodborne pathogen test shall be performed without first
25 obtaining the informed written consent of the subject. Any
26 consent shall be preceded by an explanation of the test,
27 including its purpose, potential uses, limitations and the
28 meaning of its results.
29 (b) Pretest counseling.--No HIV-related or bloodborne
30 pathogen test may be performed without first making available to
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1 the subject information regarding measures for the prevention
2 of, exposure to and transmission of HIV or other bloodborne
3 pathogens.
4 (c) Confirmatory test.--No test result shall be determined
5 as positive, and no positive test result shall be revealed,
6 without confirmatory testing if it is required by generally
7 accepted medical standards.
8 (d) Notice of test result.--The physician who ordered the
9 test, the physician's designee or a successor in the same
10 relationship to the subject shall make a good faith effort to
11 inform the subject of the result regardless of whether the
12 result is positive or negative.
13 (e) Post-test counseling.--
14 (1) No positive or negative test result shall be
15 revealed to the subject without affording the subject the
16 immediate opportunity for individual, face-to-face counseling
17 about:
18 (i) The significance of the test results.
19 (ii) Measures for the prevention of the transmission
20 of HIV or other bloodborne pathogens.
21 (iii) The benefits of locating and counseling any
22 individual by whom the subject may have been exposed to
23 [HIV] the bloodborne pathogen and the availability of any
24 services with respect to locating and counseling such
25 individual.
26 (2) No positive test result shall be revealed to the
27 subject without, in addition to meeting the requirements of
28 paragraph (1), also affording the subject the immediate
29 opportunity for individual, face-to-face counseling about:
30 (i) The availability of any appropriate health care
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1 services, including mental health care, and appropriate
2 social and support services.
3 (ii) The benefits of locating and counseling any
4 individual who the infected subject may have exposed to
5 [HIV] the bloodborne pathogen and the availability of any
6 services with respect to locating and counseling such
7 individual.
8 (f) Blinded HIV-related or bloodborne pathogen testing.--
9 Blinded HIV-related or bloodborne pathogen testing for purposes
10 of research performed in a manner by which the identity of the
11 test subject is not known and may not be retrieved by the
12 researcher is prohibited, unless reviewed and approved by the
13 institutional review board established by the department except
14 for testing pursuant to research approved by an institutional
15 review board prior to the effective date of this act. The
16 department shall make a good faith effort to maintain records of
17 the results of blinded HIV or bloodborne pathogen tests
18 performed in this Commonwealth and shall, on a yearly basis,
19 forward information concerning the results to the appropriate
20 committees of the General Assembly.
21 (g) Exceptions.--
22 (1) The provisions of subsections (a), (b), (c), (d) and
23 (e) shall not apply to the following:
24 (i) The performance of an HIV-related or bloodborne
25 pathogen test on a cadaver by a health care provider
26 which procures, processes, distributes or uses a human
27 body or a human body part, tissue or semen for use in
28 medical research, therapy or transplantation.
29 (ii) The performance of an HIV-related or bloodborne
30 pathogen test for the purpose of medical research not
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1 prohibited by subsection (f) if the testing is performed
2 in a manner by which the identity of the test subject is
3 not known and may not be retrieved by the researcher.
4 (iii) The performance of an HIV-related or
5 bloodborne pathogen test when the test result of a
6 subject is required by an insurer for underwriting
7 purposes. However, the insurer shall satisfy the
8 requirements of subsection (h).
9 (2) The provisions of subsections (a), (b) and (c) shall
10 not apply to the performance of an HIV-related or bloodborne
11 pathogen test in a medical emergency when the subject of the
12 test is unable to grant or withhold consent and the test
13 result is medically necessary for diagnostic purposes to
14 provide appropriate emergency care to the subject.
15 (3) The provisions of subsections (d) and (e) shall not
16 apply when a negative HIV-related or bloodborne pathogen test
17 result is secured by a subject who has taken the test solely
18 to satisfy a requirement for donating a human body or human
19 body part, tissue or semen for use in medical research,
20 therapy, transfusion or transplantation. However, if the
21 subject requests identification of a negative test result,
22 the test result shall be provided to the subject in
23 accordance with subsection (d).
24 (h) Requirements applicable to insurers.--
25 (1) No HIV-related or bloodborne pathogen test shall be
26 performed without first obtaining the informed written
27 consent of the subject. Any consent shall be preceded, in
28 writing, by:
29 (i) A disclosure of the effects of the test result
30 on the approval of the application, or the risk
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1 classification of the subject.
2 (ii) Information explaining bloodborne pathogens,
3 AIDS, HIV and the HIV-related or bloodborne pathogen
4 test.
5 (iii) A description of the insurer's confidentiality
6 standards.
7 (iv) A statement that, because of the serious nature
8 of HIV-related or bloodborne pathogen illnesses, the
9 subject may desire to obtain counseling before undergoing
10 the HIV-related or bloodborne pathogen test.
11 (v) Information concerning the availability of
12 alternative HIV-related or bloodborne pathogen testing
13 and counseling provided by the department and local
14 health departments, and the telephone number of the
15 department from which the subject may secure additional
16 information on such testing and counseling.
17 (2) The insurer is required to disclose to the subject a
18 negative test result on an HIV-related or bloodborne pathogen
19 test only if the subject requests notification.
20 (3) The insurer shall not disclose to the subject of an
21 HIV-related or bloodborne pathogen test a positive test
22 result. On the form on which the insurer secures the
23 subject's written consent to the HIV-related or bloodborne
24 pathogen test, the subject shall be required to designate to
25 whom a positive test result shall be disclosed. The subject
26 shall have the choice of designating a physician, the
27 department or a local health department, or a local
28 community-based organization from a list of such
29 organizations prepared by the department. The insurer shall
30 notify the designee of a positive test result.
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1 (4) A positive test result shall be disclosed to the
2 subject, by the designee, in accordance with subsections (d)
3 and (e). The department may elect to have its disclosure
4 responsibilities satisfied by a local health department.
5 Section 6. Certification of significant exposure and testing
6 procedures.
7 (a) Physician's evaluation of significant exposure.--
8 (1) Whenever an individual health care provider or first
9 responder experiences an exposure to a patient's blood or
10 bodily fluids during the course of rendering health care or
11 occupational services, the individual may request an
12 evaluation of the exposure, by a physician, to determine if
13 it is a significant exposure as defined in this act. No
14 physician shall certify his own significant exposure or that
15 of any of his employees. Such requests shall be made within
16 72 hours of the exposure.
17 (2) Within 72 hours of the request, the physician shall
18 make written certification of the significance of the
19 exposure.
20 (3) If the physician determines that the individual
21 health care provider or first responder has experienced a
22 significant exposure, the physician shall offer the exposed
23 individual the opportunity to undergo testing, following the
24 procedure outlined in section 5.
25 (b) Opportunity for source patient to consent.--
26 (1) In the event that an exposed individual health care
27 provider or first responder is certified to have experienced
28 a significant exposure and has submitted to an HIV-related or
29 bloodborne pathogen test, no testing shall be performed on a
30 source patient's available blood unless the certifying
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1 physician provides a copy of the written certification of
2 significant exposure to the source patient's physician or
3 institutional health care provider in possession of the
4 available blood and the source patient's physician or
5 institutional health care provider has made a good faith
6 effort to:
7 (i) Notify the source patient or substitute
8 decisionmaker of the significant exposure.
9 (ii) Seek the source patient's voluntary informed
10 consent to the HIV-related or bloodborne pathogen testing
11 as specified in section 5(a).
12 (iii) Provide counseling as required under section
13 5(b).
14 (2) The source patient's physician or institutional
15 health care provider that receives a certification of
16 significant exposure shall begin to comply with the request
17 within 24 hours. If the source patient's physician or
18 institutional health care provider is unable to secure the
19 source patient's consent because the source patient or the
20 source patient's substitute decisionmaker refuses to grant
21 informed consent or the source patient cannot be located, the
22 source patient's physician or institutional health care
23 provider shall arrange for an entry to be placed on the
24 source patient's medical record to that effect. If these
25 procedures are followed and the entry is made on the source
26 patient's medical record, then HIV-related or bloodborne
27 pathogen tests shall be performed on the source patient's
28 available blood if requested by the exposed individual health
29 care provider or first responder who has submitted to an HIV-
30 related or bloodborne pathogen test.
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1 (3) The physician ordering the HIV-related or bloodborne
2 pathogen test on a source patient's available blood on behalf
3 of the source patient's physician or institutional health
4 care provider shall comply with section 5(c) through (e).
5 (4) The health care provider or first responder shall be
6 notified of the results of the HIV-related or bloodborne
7 pathogen test on the source patient's blood if the health
8 care provider or first responder's baseline HIV-related or
9 bloodborne pathogen test is negative. Further disclosure of
10 the test results is prohibited unless authorized under
11 section 7.
12 Section 7. Confidentiality of records.
13 (a) Limitations on disclosure.--No person or employee, or
14 agent of such person, who obtains confidential HIV-related or
15 bloodborne pathogen information in the course of providing any
16 health or social service or pursuant to a release of
17 confidential HIV-related or bloodborne pathogen information
18 under subsection (c) may disclose or be compelled to disclose
19 the information, except to the following persons:
20 (1) The subject.
21 (2) The physician who ordered the test, or the
22 physician's designee.
23 (3) Any person specifically designated in a written
24 consent as provided for in subsection (c).
25 (4) An agent, employee or medical staff member of a
26 health care provider, when the health care provider has
27 received confidential HIV-related or bloodborne pathogen
28 information during the course of the subject's diagnosis or
29 treatment by the health care provider, provided that the
30 agent, employee or medical staff member is involved in the
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1 medical care or treatment of the subject. Nothing in this
2 paragraph shall be construed to require the segregation of
3 confidential HIV-related or bloodborne pathogen information
4 from a subject's medical record.
5 (5) A peer review organization or committee as defined
6 in the act of July 20, 1974 (P.L.564, No.193), known as the
7 Peer Review Protection Act, a nationally recognized
8 accrediting agency, or as otherwise provided by law, any
9 Federal or State government agency with oversight
10 responsibilities over health care providers.
11 (6) Individual health care providers involved in the
12 care of the subject with an HIV-related or bloodborne
13 pathogen condition or a positive test, when knowledge of the
14 condition or test result is necessary to provide emergency
15 care or treatment appropriate to the individual; or health
16 care providers consulted to determine diagnosis and treatment
17 of the individual.
18 (7) An insurer, to the extent necessary to reimburse
19 health care providers or to make any payment of a claim
20 submitted pursuant to an insured's policy.
21 (8) The department and persons authorized to gather,
22 transmit or receive vital statistics under the act of June
23 29, 1953 (P.L.304, No.66), known as the Vital Statistics Law
24 of 1953.
25 (9) The department and local boards and departments of
26 health, as authorized by the act of April 23, 1956 (1955
27 P.L.1510, No.500), known as the Disease Prevention and
28 Control Law of 1955.
29 (10) A person allowed access to the information by a
30 court order issued pursuant to section 8.
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1 (11) A funeral director responsible for the acceptance
2 and preparation of the deceased subject.
3 (12) Employees of county mental health/mental
4 retardation agencies, county children and youth agencies,
5 county juvenile probation departments, county or State
6 facilities for delinquent youth, and contracted residential
7 providers of the above-named entities receiving or
8 contemplating residential placement of the subject, who:
9 (i) generally are authorized to receive medical
10 information; and
11 (ii) are responsible for ensuring that the subject
12 receives appropriate health care; and
13 (iii) have a need to know the HIV-related or
14 bloodborne pathogen information in order to ensure such
15 care is provided.
16 The above-named entities may release the information to a
17 court in the course of a dispositional proceeding under 42
18 Pa.C.S. §§ 6351 (relating to disposition of dependent child)
19 and 6352 (relating to disposition of delinquent child) when
20 it is determined that such information is necessary to meet
21 the medical needs of the subject.
22 (b) Subsequent disclosure prohibited.--Notwithstanding the
23 provisions of the Vital Statistics Law of 1953 or section 15 of
24 the Disease Prevention and Control Law of 1955, no person to
25 whom confidential HIV-related or bloodborne pathogen information
26 has been disclosed under this act may disclose that information
27 to another person, except as authorized by this act.
28 (c) Required elements of written consent to disclosure.--A
29 written consent to disclosure of confidential HIV-related or
30 bloodborne pathogen information shall include:
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1 (1) The specific name or general designation of the
2 person permitted to make the disclosure.
3 (2) The name or title of the individual, or the name of
4 the organization to which the disclosure is to be made.
5 (3) The name of the subject.
6 (4) The purpose of the disclosure.
7 (5) How much and what kind of information is to be
8 disclosed.
9 (6) The signature of the subject.
10 (7) The date on which the consent is signed.
11 (8) A statement that the consent is subject to
12 revocation at any time except to the extent that the person
13 who is to make the disclosure has already acted in reliance
14 on it.
15 (9) The date, event or condition upon which the consent
16 will expire, if not earlier revoked.
17 (d) Expired, deficient or false consent.--A disclosure may
18 not be made on the basis of a consent which:
19 (1) has expired;
20 (2) on its face substantially fails to conform to any of
21 the requirements set forth in subsection (c);
22 (3) is known to have been revoked; or
23 (4) is known by the person holding the information to be
24 materially false.
25 (e) Notice to accompany disclosure.--Each disclosure made
26 with the subject's written consent must be accompanied by the
27 following written statement:
28 This information has been disclosed to you from records
29 protected by Pennsylvania law. Pennsylvania law prohibits
30 you from making any further disclosure of this
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1 information unless further disclosure is expressly
2 permitted by the written consent of the person to whom it
3 pertains or is authorized by the Confidentiality of HIV-
4 Related and Bloodborne Pathogen Information Act. A
5 general authorization for the release of medical or other
6 information is not sufficient for this purpose.
7 (f) Duty to establish written procedures.--An institutional
8 health care provider that has access to or maintains
9 individually identifying confidential HIV-related or bloodborne
10 pathogen information shall establish written procedures for
11 confidentiality and disclosure of the records which are in
12 accordance with the provisions of this act within 60 days of the
13 effective date of this act.
14 Section 8. Court order.
15 (a) Order to disclose.--No court may issue an order to
16 allow access to confidential HIV-related or bloodborne pathogen
17 information unless the court finds, upon application, that one
18 of the following conditions exists:
19 (1) The person seeking the information has demonstrated
20 a compelling need for that information which cannot be
21 accommodated by other means.
22 (2) The person seeking to disclose the information has a
23 compelling need to do so.
24 (b) Order to test and disclose.--No court may order the
25 performance of an HIV-related or bloodborne pathogen test and
26 allow access to the test result unless the court finds, upon
27 application, that all of the following conditions exist:
28 (1) The individual whose test is sought was afforded
29 informed consent and pretest counseling procedures required
30 by section 5(a) and (b) and the subject refused to give
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1 consent or was not capable of providing consent.
2 (2) The applicant was exposed to a body fluid of the
3 individual whose test is sought and that exposure presents a
4 significant risk of exposure to [HIV] a bloodborne pathogen
5 infection. A determination that the applicant has incurred a
6 significant risk of exposure to [HIV] a bloodborne pathogen
7 infection must be supported by medical and epidemiologic data
8 regarding the transmission of [HIV] a bloodborne pathogen,
9 including, if available, information about the HIV risk
10 status of the source individual and the circumstances in
11 which the alleged exposure took place.
12 (3) The applicant has a compelling need to ascertain the
13 [HIV] bloodborne pathogen test result of the source
14 individual.
15 (c) Compelling need.--In assessing compelling need for
16 subsections (a) and (b), the court shall weigh the need for
17 disclosure against the privacy interest of the individual and
18 the public interests which may be harmed by disclosure.
19 (d) Pleadings.--Pleadings under this section shall
20 substitute a pseudonym for the true name of the individual whose
21 test result is sought. Disclosure to the parties of the
22 individual's true name shall be communicated confidentially in
23 documents not filed with the court.
24 (e) Notice.--Before granting an order for testing or
25 disclosure and as soon as practicable after the filing of a
26 petition under this section, the court shall provide the
27 individual whose test result is sought with notice and a
28 reasonable opportunity to participate in the proceeding if the
29 individual is not already a party.
30 (f) In camera proceedings.--Court proceedings under this
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1 section shall be conducted in camera, unless the individual
2 agrees to a hearing in open court or unless the court determines
3 that a public hearing is necessary to the public interest and
4 the proper administration of justice.
5 (g) Expedited proceeding.--The court shall provide for an
6 expedited proceeding if it is requested by the applicant and the
7 application includes verified statements that:
8 (1) The applicant has been exposed to a body fluid that
9 poses a risk of [HIV] bloodborne pathogen infection from the
10 individual whose test result is sought.
11 (2) The exposure occurred within six weeks of the filing
12 of the application.
13 (3) The exposure involves:
14 (i) a percutaneous injury to the applicant's skin
15 from a needle stick or other sharp object;
16 (ii) contact of the applicant's eyes, mouth or other
17 mucous membrane;
18 (iii) contact of chapped or abraded skin of the
19 applicant; or
20 (iv) prolonged contact of the applicant's skin.
21 An expedited proceeding on the application shall be held no
22 later than five days after the court complies with subsection
23 (e), pertaining to notice requirements.
24 (h) Safeguards against disclosure.--Upon the issuance of an
25 order to disclose the information, the court shall impose
26 appropriate safeguards against unauthorized disclosure which
27 shall specify the following:
28 (1) The particular information which is essential to
29 accommodate the need of the party seeking disclosure.
30 (2) The persons who may have access to the information.
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1 (3) The purposes for which the information will be used.
2 (4) The appropriate prohibitions on future disclosure as
3 provided for in section 7.
4 Section 9. Civil immunity for certain physicians.
5 (a) Permissible disclosure.--Notwithstanding the provisions
6 of section 7, a physician may disclose confidential HIV-related
7 or bloodborne pathogen information if all of the following
8 conditions are met:
9 (1) The disclosure is made to a known contact of the
10 subject.
11 (2) The physician reasonably believes disclosure is
12 medically appropriate, and there is a significant risk of
13 future infection to the contact.
14 (3) The physician has counseled the subject regarding
15 the need to notify the contact, and the physician reasonably
16 believes the subject will not inform the contact or abstain
17 from sexual or needle-sharing behavior which poses a
18 significant risk of infection to the contact.
19 (4) The physician has informed the subject of his intent
20 to make such disclosure.
21 * * *
22 Section 11. Separate violations.
23 Each disclosure of confidential HIV-related or bloodborne
24 pathogen information in violation of this act or each HIV-
25 related or bloodborne pathogen test conducted in contravention
26 of this act is separate for purposes of civil liability.
27 Section 2. This act shall take effect in 60 days.
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