A BILL TO BE ENTITLED AN ACT TO REORGANIZE THE PUBLIC HEALTH STATUTES PERTAINING TO HIV/AIDS TESTING AND TO UPDATE INFORMED CONSENT REQUIREMENTS FOR HIV/AIDS TESTING.
Enacts Part 1B titled Testing for HIV/AIDS, adding a definitions section and making structural changes to the format of the text, including the division of former provisions in GS 130A-148 into the following new statutes: GS 130A-151.1 through GS 130A-151.9
Changes references to the "AIDS virus infection" to "HIV/AIDS" in the following statutes: GS 130A-151.1, GS 130A-151.2, GS 130A-151.3, GS 130A-151.4, GS 130A-151.5, GS 130A-151.6, GS 130A-151.7, GS 130A-151.8, and GS 130A-151.9.
Amends GS 130A-151.3, limiting civil and criminal liability for any facility or institution that obtains or transfuses, implants, transplants, or administers blood, tissue, semen, or organs to those that complied with the statute.
Amends GS 130A-151.5, requiring counseling for persons who test positive for HIV/AIDS. Specifies elements to be included in the counseling.
Amends GS 130A-151.6, authorizing a health care provider to order a test for HIV/AIDS to be performed (1) upon any person to whom the health care provider is rendering medical services when, in the reasonable medical judgment of the health care provider, the test is necessary for the appropriate treatment of the person and the provider ensures all of the enumerated criteria in subsections (1) through (4) are met prior to testing; (2) without the informed consent of the person tested if the person is incapable of providing such consent and testing is necessary for diagnosis or care of the person; or (3) upon an unemancipated minor without the consent of the parent when consent is refused by the parent but there is reasonable suspicion the minor has HIV/AIDS or has been sexually abused. Allows a facility other than a health care facility to order an HIV/AIDS test after ensuring specified steps are taken before administering the test.
Amends GS 130A-151.8, making organizational and conforming changes.
Enacts new GS 130A-151.10 requiring the health care provider or health care facility that provides prenatal care, labor, and delivery services for women to test for HIV/AIDS, act in good faith, and provide counseling services required by section (a)(4).
Effective October 1, 2013.
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