SB320 (2010) Detail

Relative to occupational exposure to the human immunodeficiency virus.


CHAPTER 333

SB 320 – FINAL VERSION

12May2010… 1388h

06/02/10 2148CofC

2010 SESSION

10-2787

01/09

SENATE BILL 320

AN ACT relative to occupational exposure to the human immunodeficiency virus.

SPONSORS: Sen. Fuller Clark, Dist 24; Sen. Sgambati, Dist 4; Rep. E. Merrick, Coos 2; Rep. Rosenwald, Hills 22

COMMITTEE: Health and Human Services

AMENDED ANALYSIS

This bill allows an individual who has had an occupational exposure to an unconscious person’s blood or bodily fluids to have the unconscious person expeditiously tested for the human immunodeficiency virus. The bill prohibits the billing of the cost of such a test to the unconscious person and/or his or her insurer.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12May2010… 1388h

06/02/10 2148CofC

10-2787

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to occupational exposure to the human immunodeficiency virus.

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

333:1 Human Immunodeficiency Virus; Consent for Testing. Amend RSA 141-F:5, V to read as follows:

V.(a) A physician licensed to practice in this state, or a person authorized by the physician, may, without obtaining consent to the testing, test for the presence of an antibody or antigen to a human immunodeficiency virus:

(1) When the person being tested is incapable of giving informed consent; and

(2) When a test for the presence of an antibody or antigen to a human immunodeficiency virus is immediately necessary to protect the health of:

(A) The person; or

(B) An individual who has had an occupational exposure to the person’s blood or bodily fluids.

(b) When the test is performed under subparagraph (a) on a person who is incapable of giving informed consent, and when the reason for the test is to protect the health of another individual who has had an occupational exposure to that person’s blood or bodily fluids, neither the person who is incapable of giving informed consent nor that person’s insurer shall be billed for the cost of the test.

333:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 20, 2010

Effective Date: September 18, 2010