SENATE DOCKET, NO. 1615        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1405

The Commonwealth of Massachusetts

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PRESENTED BY:

Julian Cyr

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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.

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PETITION OF:

SENATE DOCKET, NO. 1615        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1405

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1236 OF 2019-2020.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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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:
 

Chapter 111 of the General Laws is hereby amended by striking out section 70F and inserting in place thereof the following section:-

Section 70F. (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.