ASSEMBLY, No. 120

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman JONES

 

 

An Act concerning the testing of patients for HIV infection and hepatitis B and supplementing Title 26 of the Revised Statutes.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. A health care facility, health care provider or other person shall not test a specimen of a patient for infection with the human immunodeficiency virus (HIV) or hepatitis B without first obtaining the informed consent of the patient or his legal guardian. For purposes of this section, "informed consent" means a voluntary agreement executed by the patient or his legal guardian which contains: an explanation of the test, its purpose, potential uses, and the meaning of its results; an explanation of the procedure to be followed, including that the test is voluntary, that consent may be withdrawn and the extent and limitations of the manner in which the results will be confidential; an explanation of the nature of the manifestations of HIV infection and hepatitis B and the relationship between the test result and those diseases; and information about behaviors known to pose risks for transmission of HIV infection and hepatitis B.

 

    2. a. Notwithstanding the provisions of section 1 of this act to the contrary, the informed consent of a patient or his legal guardian is not required before testing a specimen of the patient for HIV infection or hepatitis B when the health of a health care worker or emergency medical technician is threatened, during the course of that person's duties, as a result of exposure to blood or body fluids of the patient in a manner known to transmit HIV or hepatitis B.

    b. The testing authorized pursuant to this section shall be provided free of charge to the patient. If the patient tests positive for HIV infection or hepatitis B, he shall be provided with appropriate counseling and referral services.

    c. The patient upon whom a test is performed pursuant to this section shall be given notice promptly, personally and confidentially that a specimen was taken and that the results of the test may be obtained upon request. The results of the test shall not become a part of the patient's hospital record and the Department of Health shall not require identifying information regarding the person tested.

 

    3. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill requires the informed consent of a patient before testing for HIV infection or hepatitis B except when the health of a health care worker or emergency medical technician is threatened, during the course of that person's duties, as a result of exposure to the blood or body fluids of a patient in a manner known to transmit HIV infection or hepatitis B. The bill requires that testing performed without consent shall be done free of charge to the patient. Results of the test shall be confidential and the Department of Health shall not require identifying information of the patient. The bill also provides that if the patient tests positive for HIV infection or hepatitis B, he shall be provided with appropriate counseling and referral services.

    It is the sponsor's intent to protect health care workers and emergency medical technicians from the dangers of contracting HIV infection or hepatitis B in the course of their duties.

 

 

 

Permits HIV and hepatitis B testing of patients in certain circumstances.