HB41 (2007) Detail

Relative to human immunodeficiency virus education, prevention, and control.


CHAPTER 65

HB 41 – FINAL VERSION

15Feb2007… 0022h

2007 SESSION

07-0102

01/10

HOUSE BILL 41

AN ACT relative to human immunodeficiency virus education, prevention, and control.

SPONSORS: Rep. MacKay, Merr 11

COMMITTEE: Health, Human Services and Elderly Affairs

AMENDED ANALYSIS

This bill repeals certain provisions of the law relative to human immunodeficiency virus education, prevention, and control.

This bill also authorizes certain persons to test for the presence of an antibody or antigen to the human immunodeficiency virus in accordance with the Centers for Disease Control and Prevention’s recommendations.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Feb2007… 0022h

07-0102

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to human immunodeficiency virus education, prevention, and control.

Be it Enacted by the Senate and House of Representatives in General Court convened:

65:1 Rulemaking; Reference Deletions. Amend RSA 141-F:4, VI to read as follows:

VI. Any matter deemed necessary for the administration of RSA 141-F:9-a [- RSA 141-F:9-d].

65:2 Repeal. The following are repealed:

I. RSA 141-F:9-b, relative to invasive procedure applications.

II. RSA 141-F:9-c, relative to an expert review panel composition.

III. RSA 141-F:9-d, relative to decisions by the expert review panel.

65:3 Consent for Testing. Amend the section heading and the introductory paragraph of RSA 141-F:5 to read as follows:

141-F:5 [Informed] Consent for Testing; Exceptions. [Except as provided in this section, no] A physician or advanced registered nurse practitioner licensed or registered to practice in this state, [no] an employee of a health care facility licensed under RSA 151, whether paid or unpaid, and [no] an employee of a blood bank, blood center, plasma center, or agency which receives blood donations, whether paid or unpaid, may test when the patient has consented for the presence of an antibody or antigen to a human immunodeficiency virus [unless the person being tested consents after being informed about the medical interpretations of positive and negative test findings and the applicable provisions of RSA 141-F:7 and 141-F:8] in accordance with the most current testing and consent recommendations of the Centers for Disease Control and Prevention. Testing without consent may occur in the following situations:

65:4 Informed Consent. Amend RSA 141-F:6 to read as follows:

141-F:6 Testing.

I. The department, or agencies operated by or under contract with the department, shall offer laboratory testing, in accordance with RSA 131, for the presence or absence of antibodies or antigens of the human immunodeficiency virus. [Each sample for testing shall be submitted with a statement signed by a physician, or by a person authorized by a physician to sign, attesting that the patient has consented to the test in accordance with RSA 141-F:5.]

II. All other laboratories, public or private, which test human blood or any other business or organization, public or private, which tests human blood, tissue, or other samples as part of its operations may offer to test samples for the presence or absence of antibodies or antigens of the human immunodeficiency virus. [Such laboratories or other such businesses or organizations shall require that any sample for testing be submitted with a written statement signed by a physician, or a person authorized by a physician to sign, attesting that the patient has given informed consent as required under RSA 141-F:5.]

65:5 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 11, 2007

Effective: August 10, 2007