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Synopsis As Introduced Amends the Perinatal HIV Prevention Act. Requires HIV testing of newborns when the HIV status of the mother is unknown (now, testing is voluntary). Requires counseling to include the voluntary nature of the HIV test for a pregnant woman. Requires the reporting of a positive HIV test for a newborn infant to an electronic surveillance system established by the Department of Public Health. Requires the Department to adopt rules specifying the information required in the report. Provides that the confidentiality provisions of the AIDS Confidentiality Act apply to the reports. Requires the Department or its authorized representative to provide case management services to ensure access to proper care. Provides that hospitals, laboratories, other facilities, and physicians will not be held liable for the release of information or confidential data in accordance with the Act. Requires all HIV exposed newborns to be treated to prevent HIV infection within 24 hours after birth and until 6 weeks after birth. Effective immediately.
House Committee Amendment No. 1 Provides that except for willful or wanton misconduct (rather than no conduct standard), hospitals, laboratories, other facilities, or physicians shall not be held liable for the release of certain information to the Department of Public Health.
Provides that the provisions of the Perinatal HIV Prevention Act do not apply when a parent or guardian of a child objects on the grounds that the HIV testing conflicts with his or her religious tenets and practices. Requires a written statement of the objection to be presented to the physician or other person whose duty it is to administer and report the tests under the provisions of the Act.
House Committee Amendment No. 3 Deletes everything after the enacting clause. Replaces with the bill as amended by House Amendment No. 2 with the following changes. Provides that counseling to the parent or guardian of an infant and HIV testing shall occur as soon as possible within medical standards (now, within 48 hours) after birth. Provides that the liability provisions of the AIDS Confidentiality Act apply to reporting and deletes a liability provision. Provides that when a test shows that the newborn infant is HIV exposed, the health professional or health facility shall inform the infant's parents or guardian of the importance of obtaining timely treatment to prevent the infant from becoming HIV infected. Requires the Department of Public Health to provide health professionals and facilities with written information to satisfy this requirement. Deletes a provision requiring the treatment of all HIV exposed newborn infants within 24 hours after birth and until 6 weeks after birth. Effective immediately.
Deletes everything after the enacting clause. Replaces with the bill as amended by House Amendment No. 3 with the following changes. Adds a definition of "Department". Requires health care professionals to recommend (now, offer) HIV testing to pregnant women. Requires health care professionals to inform a pregnant woman that, should she refuse HIV testing during pregnancy, her newborn infant will be tested for HIV. Requires health care facilities to adopt a policy that provides that as soon as possible within medical standards (rather than one hour) after the infant's birth, the mother's HIV test result, if available, shall be noted in the newborn infant's medical record and that it shall also be noted in the newborn infant's medical record if the mother's HIV test result is not available because she has not been tested or has declined testing. Requires reports of preliminarily HIV-positive women and preliminarily HIV-exposed newborn infants (rather than a positive HIV test for a newborn infant) to be reported to the Department of Public Health. Provides that the liability provisions of the AIDS Confidentiality Act apply to reporting, except for willful or wanton misconduct (rather than no conduct standard). Requires health care facilities to monthly report certain information to the Department. Requires the Department to establish a 24-hour Perinatal HIV Hotline. Requires health care facilities to adopt a policy to inform the mother of the newborn infant of the importance of obtaining treatment for her HIV infection. Requires the Department to prepare an annual report for the Governor and the General Assembly. Makes other changes. Effective immediately.
Fiscal Note (H-AM 6) (Dept. of Public Health)
As amended, does not have an increased fiscal impact on the Department.
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