HIV, fatality reviews, and syringe exchange programs.
Summary
Removes acquired immune deficiency syndrome (AIDS) from the statutory definition of "exposure risk disease". Replaces the term "AIDS" with the term "human immunodeficiency virus (HIV)" where appropriate. Replaces the term "carrier" with the term "individual with a communicable disease" where appropriate. Replaces the term "danger" with the term "risk" where appropriate. Replaces the term "spread" with the term "transmission" where appropriate. Replaces the term "HIV antibody" with "human immunodeficiency virus (HIV)" where appropriate. Requires the state department of health (department) to specify, in any literature provided to children and young adults concerning HIV, that abstinence is the best way to prevent the transmission of HIV as a result of sexual activity. Provides that a physician or the authorized representative of a physician may not order an HIV test unless the physician or the authorized representative of a physician: (1) informs the patient of the test orally or in writing; (2) provides the patient with an explanation of the test orally, in writing, by video, or by a combination of these methods; and (3) informs the patient orally or in writing of the patient's right to ask questions and to refuse the test. Requires the information to be communicated to the patient in a language or manner that the patient understands. Requires a physician or an authorized representative of the physician to inform a patient of the counseling services and treatment options available to the patient if an HIV test indicates that the patient is HIV positive. Requires a patient to be notified of their right to a: (1) hearing; and (2) counsel; in certain situations involving a court ordered HIV test. Specifies that the use of antiretroviral drugs and other medical interventions may lessen the likelihood of transmitting HIV to a child during childbirth. (Current law states that birth by caesarean section may lessen the likelihood of transmitting HIV to a child during childbirth). Provides that the requirement to dispose of semen that contains the HIV antibody does not apply if the semen is used according to safer conception practices endorsed by the federal Centers for Disease Control and Prevention or other generally accepted medical experts. Revises the definition of "health care provider". Provides that a patient is considered to have consented to: (1) testing for the presence of a dangerous communicable disease of a type that has been epidemiologically demonstrated to be transmittable by an exposure of the kind experienced by the affected health care provider; and (2) the release of testing results to a medical director or an affected physician in the event of an exposure; if the patient is unable to consent to testing or the release of test results due to physical or mental incapacity. Allows a health care provider or a health care provider's employer to petition a court for an order requiring a patient to provide a blood or bodily fluid specimen in certain instances. Allows a health care provider, a health care provider's employer, or the state department of health to request certain test results when a patient is a witness, bystander, or victim of alleged criminal activity in certain instances. Provides that a health care provider may request a notification concerning exposure to certain communicable diseases in certain instances. Allows a health care provider to designate a physician to receive certain test results following a possible exposure to certain communicable diseases. Requires a health care provider to be notified of an exposure to certain communicable diseases not later than 48 hours after certain notifications have been issued. Requires a health care provider to be provided with: (1) medically necessary treatment; and (2) counseling; following an exposure to certain communicable diseases. Requires a suicide and overdose fatality review team (SOFR team) to review certain suicide and overdose fatalities. Allows a SOFR team to make recommendations concerning the prevention of suicide and overdose fatalities. Specifies membership, record keeping, and data entry requirements for SOFR teams. Renumbers the article concerning suicide and overdose fatality teams for purposes of conflict resolution. Requires a syringe exchange program to: (1) provide testing for communicable diseases and provide services or a referral for services if the individual tests positive; and (2) establish a referral process for program participants in need of information or education concerning communicable diseases or health care. Requires the state department of health to include certain information concerning syringe exchange programs in the report to the general assembly before November 1, 2020. Extends the expiration date for certain syringe exchange programs from July 1, 2021, to July 1, 2022. Defines certain terms. Makes conforming amendments and technical corrections.
Bill status
signed
all 5 stages cleared
Introduction
Mar 2020
Committee Review
Feb 2020
House Passage
Jan 2020
Senate Passage
Mar 2020
Signed into Law
Mar 2020
Introduced Mar 4, 2020
Signed Mar 18, 2020
Floor votes · Senate Mar 3, 2020 · House Jan 28, 2020
How they voted
31–10
Passed
Total votes 41
Mar 3, 2020
D
Democratic8
100% Yea
R
Republican33
69% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
27
Key actions
6
Committee
3
Amendments
3
Mar 18, 2020
Signed into law
Signed by the Governor
executive
Mar 5, 2020
Amended
House concurred in Senate amendments; Roll Call 321: yeas 78, nays 7
lower
Mar 4, 2020
Introduced
Motion to concur filed
lower
Mar 4, 2020
Amended
Returned to the House with amendments
upper
Mar 3, 2020
Senate · Passed
Senate Vote: pass (31-10)
senate
Feb 27, 2020
Upper · Passed
Committee report: amend do pass, adopted
upper
Jan 29, 2020
Committee
Referred to the Senate
lower
Jan 28, 2020
House · Passed
House Vote: pass (91-0-1)
house
Jan 27, 2020
Lower · Passed
Amendment #1 (Clere) prevailed; voice vote
lower
Jan 23, 2020
Lower · Passed
Committee report: amend do pass, adopted
lower
4 primary · 7 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Ed Clere
IIndependent
P
Michael Crider
RRepublican
P
RG
Ronald Grooms
RRepublican
P
Vaneta Becker
RRepublican
Co
Brad Barrett
RRepublican
Co
J.D. Ford
DDemocratic
Co
JM
James Merritt
RRepublican
Co
Jean Breaux
DDemocratic
Co
Lonnie Randolph
DDemocratic
Co
RF
Rita Fleming
DDemocratic
Co
TC
Tony Cook
RRepublican
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