Full Text of HB1759 95th General Assembly
HB1759avm001 95TH GENERAL ASSEMBLY
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HB1759AVM001 |
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| MOTION
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| I move to accept the specific recommendations of the | 3 |
| Governor as to House Bill 1759 in manner and form as follows:
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| AMENDMENT TO HOUSE BILL 1759
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| IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
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| Amend House Bill 1759, on page 2, line 12, by replacing | 7 |
| "therefore" with "and"; and
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| on page 2, below line 12, by inserting: | 9 |
| "WHEREAS, The public health will be served by expanding the | 10 |
| availability of informed, voluntary, and confidential HIV | 11 |
| testing and making HIV testing a routine part of general | 12 |
| medical care, as recommended by the United States Centers for | 13 |
| Disease Control and Prevention; therefore"; and | 14 |
| on page 2, line 20, by inserting " , unless she has already been | 15 |
| tested during the current pregnancy, " after the word "shall"; | 16 |
| and | 17 |
| on page 2, line 21, by inserting " , as described in subpart (d) | 18 |
| of this Section, " after "counseling"; and | 19 |
| on page 2, line 21, by inserting " shall test her for HIV unless | 20 |
| she refuses. A refusal may be verbal or in writing. " after | 21 |
| "and"; and |
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| on page 2, line 21, by replacing "recommend HIV testing, unless | 2 |
| she declines in " with " recommend HIV testing, unless "; and | 3 |
| on page 3, lines 1 and 2, by replacing " writing or she has | 4 |
| already received an HIV test during pregnancy." with " she has | 5 |
| already received an HIV test during pregnancy. "; and | 6 |
| on page 3, line 4, by deleting " provide
recommend " and | 7 |
| inserting "recommend"; and | 8 |
| on page 3, lines 8 through 11, by replacing "The health care | 9 |
| professional shall inform the pregnant woman that, should she | 10 |
| refuse HIV testing during pregnancy, her newborn infant will be | 11 |
| tested for HIV." with " The health care professional shall | 12 |
| inform the pregnant woman that, should she refuse HIV testing | 13 |
| during pregnancy, her newborn infant will be tested for HIV. "; | 14 |
| and | 15 |
| on page 3, lines 11 and 12, by deleting " , offer of testing, | 16 |
| and whether the woman accepted or declined testing " and | 17 |
| replacing it with "and testing or refusal of testing "; and | 18 |
| on page 3, line 15, by inserting " , unless she has already been | 19 |
| tested during the current pregnancy, " after "shall"; and |
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| on page 3, line 16, by inserting " , as described in subpart (d) | 2 |
| of this Section, " after "counseling"; and | 3 |
| on page 3, line 17, by deleting " refuses in writing ." and | 4 |
| replacing it with " refuses . A refusal may be verbal or in | 5 |
| writing. "; and | 6 |
| on page 3, lines 18 and 19, by replacing "No counseling or | 7 |
| offer of testing is required if already provided during the | 8 |
| women's pregnancy." with " No counseling or offer of testing is | 9 |
| required if already provided during the women's pregnancy. "; | 10 |
| and | 11 |
| on page 3, lines 20 and 21, by deleting " , whether the woman | 12 |
| accepted or declined testing, and offer of testing" and | 13 |
| replacing it with " and testing or refusal of testing
and offer | 14 |
| of testing "; and | 15 |
| on page 4, line 8, by inserting " as described in subsection (d) | 16 |
| of this Section " after "counseling"; and | 17 |
| on page 4, lines 15 through 18, by deleting: | 18 |
| " requirement that HIV testing be performed unless in is | 19 |
| declined in writing. | 20 |
| (2) A woman's right to decline testing and how to do so | 21 |
| and the "; and |
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| in page 4, line 18, by replacing "testing and" with "testing ,
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| and "; and | 3 |
| on page 4, line 19, by inserting " , and the requirement that | 4 |
| HIV testing be performed unless she refuses and the methods by | 5 |
| which she can refuse " after "transmission"; and | 6 |
| on page 4, line 20, by deleting " (3)
(2) " and inserting "(2)"; | 7 |
| and | 8 |
| on page 4, line 20, by inserting " herself and " after "for"; and | 9 |
| on page 4, line 23, by deleting " (4)
(3) " and inserting "(3)"; | 10 |
| and | 11 |
| on page 4, line 25, by deleting " (5)
(4) " and inserting "(4)"; | 12 |
| and | 13 |
| on page 5, after line 1, by inserting: | 14 |
| " (5) The requirement for mandatory testing of the | 15 |
| newborn if the mother's HIV status is unknown at the time | 16 |
| of delivery. | 17 |
| (6) An explanation of the test, including its purpose, | 18 |
| limitations, and the meaning of its results. | 19 |
| (7) An explanation of the procedures to be followed. |
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| (8) The availability of additional or confirmatory | 2 |
| testing, if appropriate. Counseling may be provided in | 3 |
| writing, verbally, or by video, electronic, or other means. | 4 |
| The woman must be offered an opportunity to ask questions | 5 |
| about testing and to decline testing for herself. "; and | 6 |
| on page 5, lines 2 through 15, by deleting: | 7 |
| " Notwithstanding any other provision of law, including, but not | 8 |
| limited to the AIDS Confidentiality Act, consent for HIV | 9 |
| testing of a pregnant woman is established when: | 10 |
| (1) the pregnant woman signs a general consent for | 11 |
| prenatal or medical care that includes: | 12 |
| (A) specific information regarding HIV testing; | 13 |
| and | 14 |
| (B) the option to decline such testing in writing; | 15 |
| and | 16 |
| (2) the counseling as set forth in subsection (d) of | 17 |
| this Section and the AIDS Confidentiality Act has been | 18 |
| provided; and | 19 |
| (3) the pregnant woman has not declined the testing in | 20 |
| writing. "; and | 21 |
| on page 5, lines 16 through 18, by deleting " All counseling and | 22 |
| testing must be performed in accordance with the
standards set | 23 |
| forth in the AIDS Confidentiality Act, including the " and | 24 |
| inserting "All counseling and testing must be performed in |
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| accordance with the standards set forth in the AIDS | 2 |
| Confidentiality Act, including the"; and | 3 |
| on page 5 lines 18 through 20, by deleting " informed consent | 4 |
| provisions of Sections 4, 7, and 8 of that Act, with the | 5 |
| exception of
the requirement of consent for testing of newborn | 6 |
| infants. " and inserting "informed consent provisions of | 7 |
| Section 4, 7, and 8 of that Act, with the exception of the | 8 |
| requirement of consent for testing of newborn infants."; and | 9 |
| on page 6, line 2, by inserting " by July 1, 2008 " after "Act". | 10 |
| Date: _________________, 2007 ___________________________
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