07 HB 429/AP
House
Bill 429 (AS PASSED HOUSE AND SENATE)
By:
Representatives Cooper of the
41st,
Hudson of the
124th,
Smith of the
70th,
and Manning of the
32nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 31 of the Official Code of Georgia Annotated, relating to health, so
as to require physicians and health care providers to test pregnant women for
HIV unless she specifically declines; to provide a short title; to inform the
pregnant woman of the test to be conducted; to provide for documentation; to
provide for rules and regulations; to provide for an exemption from counseling
requirements; to revise a definition relating to state health planning and
development; to revise the functions of the Health Strategies Council and the
Department of Community Health; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
31 of the Official Code of Georgia Annotated, relating to health, is amended in
Chapter 17, relating to control of venereal diseases, by inserting a new Code
section to read as follows:
"31-17-4.2.
(a)
This Code section shall be known and may be cited as the 'Georgia HIV Pregnancy
Screening Act of 2007.'
(b)
Every physician and health care provider who assumes responsibility for the
prenatal care of pregnant women during gestation and at delivery shall be
required to test pregnant women for HIV except in cases where the woman refuses
the testing.
(c)
If at the time of delivery there is no written evidence that an HIV test has
been performed, the physician or other health care provider in attendance at the
delivery shall order that a sample of the woman´s blood be taken or a rapid
oral test administered at the time of the delivery except in cases where the
woman refuses the testing.
(d)
The woman shall be informed of the test to be conducted and her right to refuse.
A pregnant woman shall submit to an HIV test pursuant to this Code section
unless she specifically declines. If the woman tests positive, counseling
services provided by the Department of Human Resources shall be made available
to her and she shall be referred to appropriate medical care providers for
herself and her child.
(e)
If for any reason the pregnant woman is not tested for HIV, that fact shall be
recorded in the patient´s records, which, if based upon the refusal of the
patient, shall relieve the physician or other health care provider of any other
responsibility under this Code section.
(f)
The Department of Human Resources shall be authorized to promulgate rules and
regulations for the purpose of administering the requirements under this Code
section."
SECTION
2.
Said
title is further amended by revising subsection (c) of Code Section 31-22-9.2,
relating to report of positive results of an HIV test, as follows:
"(c)
Unless exempted under this Code section, each health care provider who orders an
HIV test for any person shall do so only after counseling the person to be
tested. Unless exempted under this subsection, the person to be tested shall
have the opportunity to refuse the test. The provisions of this subsection
shall not be required if the person is required to submit to an HIV test
pursuant to Code Section 15-11-66.1, 17-10-15,
31-17-4.2,
31-17A-3, 42-5-52.1, or 42-9-42.1. The provisions of this subsection shall not
be required if the person is a minor or incompetent and the parent or guardian
thereof permits the test after compliance with this subsection. The provisions
of this subsection shall not be required if the person is unconscious,
temporarily incompetent, or comatose and the next of kin permits the test after
compliance with this subsection. The provisions of this subsection shall not
apply to emergency or life-threatening situations. The provisions of this
subsection shall not apply if the physician ordering the test is of the opinion
that the person to be tested is in such a medical or emotional state that
disclosure of the test would be injurious to the person´s health. The
provisions of this subsection shall only be required prior to drawing the body
fluids required for the HIV test and shall not be required for each test
performed upon that fluid sample."
SECTION 2A.
Said title is further amended in Code Section 31-6-2, relating to definitions, as follows:
Said title is further amended in Code Section 31-6-2, relating to definitions, as follows:
(1)
By striking "and adopt the state health plan" from paragraph (10).
(2)
By replacing "adopted" with "based on recommendations" and by adding "and the
board" after "Council" in paragraph (23).
SECTION
2B.
Said
title is further amended by striking paragraphs (1) and (2) of subsection (g) of
Code Section 31-6-20, relating to the Health Strategies Council generally, and
inserting:
"(1)
Review, comment, and make recommendations to the board on components of the
state health plan;
(2)
Review and comment on proposed rules for the administration of this chapter,
except emergency rules, as requested by the department;"
SECTION
2C.
Said
title is further amended by revising paragraph (2) of subsection (b) of Code
Section 31-6-21, relating to the Department of Community Health generally, as
follows:
"(2)
To prepare and revise a draft state health plan
for
submission to the Health Strategies Council for adoption and submission to the
Governor;"
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.