HOUSE DOCKET, NO. 1940        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1953

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Jack Patrick Lewis

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to HIV routine screening and care.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Jack Patrick Lewis

7th Middlesex

1/13/2019

Julian Cyr

Cape and Islands

1/17/2019

Louis L. Kafka

8th Norfolk

1/24/2019

Maria Duaime Robinson

6th Middlesex

1/25/2019

Jason M. Lewis

Fifth Middlesex

1/29/2019

Steven Ultrino

33rd Middlesex

1/29/2019

David Paul Linsky

5th Middlesex

1/31/2019

Kate Hogan

3rd Middlesex

1/31/2019

Mike Connolly

26th Middlesex

1/31/2019

Natalie M. Higgins

4th Worcester

2/1/2019

Kay Khan

11th Middlesex

2/1/2019

Christina A. Minicucci

14th Essex

2/1/2019

Elizabeth A. Malia

11th Suffolk

2/1/2019

Mindy Domb

3rd Hampshire

2/1/2019

Mary S. Keefe

15th Worcester

2/1/2019

Paul Brodeur

32nd Middlesex

2/1/2019

Sarah K. Peake

4th Barnstable

2/1/2019

Jonathan Hecht

29th Middlesex

2/1/2019

Carlos González

10th Hampden

2/1/2019

Brian W. Murray

10th Worcester

2/1/2019

 



HOUSE DOCKET, NO. 1940        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1953

By Mr. Lewis of Framingham, a petition (accompanied by bill, House, No. 1953) of Jack Patrick Lewis and others relative to HIV routine screening and care.  Public Health.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act relative to HIV routine screening and care.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 70F of chapter 111 of the General Laws is hereby amended by striking out the the section and inserting in place thereof the following paragraphs:-

(a) A facility, as defined in section 70E, physician or health care provider shall not test any person for the presence of the HIV antibody or antigen without first notifying the person verbally or in writing that the test will be performed unless the person refuses the test, and providing an explanation of HIV infection and the meaning of positive and negative test results. Said explanation may be delivered in writing, verbally, by video, electronic, or other means as may be designated by the facility, physician or health care provider. The person shall also be offered the opportunity to ask questions and to decline the test.

(b) General consent for medical care, if such consent complies with subsection (a), shall be sufficient as consent for HIV antibody or antigen tests conducted pursuant to this section.

(c) A person’s decision to decline the HIV antibody or antigen test may be documented in the medical record.

(d) A person shall not (1) disclose the results of an HIV antibody or antigen test to any person other than the subject of the test without first obtaining the subject's written informed consent; or (2) identify the subject of such tests to any person without first obtaining the subject's written informed consent. A written consent form shall state the purpose for which the information is being requested and shall be distinguished from written consent for the release of any other medical information.

(e) Not withstanding subsection (d) above, no written or any other specific informed consent shall be required for the inclusion of the results of an HIV antibody or antigen test in an electronic health record as defined in section 1 of chapter 118I, nor for the sharing of such electronic health records for legitimate purposes in compliance with state or federal laws.

(f) No employer shall require HIV antibody or antigen tests as a condition for employment.

(g) Whoever violates this section shall be considered to have violated section 2 of chapter 93A.

(h) For the purpose of this section ''written informed consent'' shall mean a written consent form for each requested release of the results of an individual's HIV antibody or antigen test or for the release of medical records containing such information.

(i) It shall not be a violation of this section for any physician, health care provider, health care institution or laboratory to report information to the department of public health under chapter 111 or chapter 111D and regulations promulgated thereunder. No physician, health care provider, health care institution or laboratory required to report shall be liable in any civil or criminal action by reason of any such report.

(j) This section shall not apply to premortem and postmortem serological testing for purposes of donation under chapter 113A.