A617

ASSEMBLY, No. 617

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman IMPREVEDUTO

An Act concerning acquired immunodeficiency syndrome, amending R.S.26:4-31 and amending and supplementing P.L.1938, c.126.

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

1. R.S.26:4-31 is amended to read as follows:

26:4-31. Duty of suspected person to be examined; sex of examining physician. Any person requested by the local board or health officer to be examined under the authority of section 26:4-30 of this title shall submit to examination and permit necessary specimens of blood or bodily discharges to be taken for laboratory examination.

The examination shall be made by a physician of the same sex as the person being examined if the latter so requests.

The person also shall permit necessary specimens of blood to be taken for the purpose of testing for antibodies of human T-cell lymphotropic virus, type III, the causative agent of acquired immunodeficiency syndrome.

(cf: R.S.26:4-31)

2. Section 1 of P.L.1938, c.126 (C.37:1-20) is amended to read as follows:

1. Before any person, who now is or hereafter be authorized by law to issue marriage licenses, shall issue such license, each applicant therefor shall file with him a certificate signed by a physician licensed to practice medicine and surgery in all its branches in this State or any other State or in any other territory of the United States, or the District of Columbia, or by a commissioned medical officer on active duty with the Armed Forces of the United States or with the Public Health Service, which certificate shall state a. that the applicant has submitted to an approved serological test for syphilis and that, in the opinion of such physician, the applicant either is not infected with syphilis or is not in a stage of that disease which is likely to become communicable and b. that the applicant has submitted to an approved serological test for antibodies of human T-cell lymphotropic virus, type III, the causative agent of acquired immunodeficiency syndrome, and that the physician has notified in writing the applicants of the result of this test on the form prescribed by the State Department of Health pursuant to section 3 of P.L.1938, c.126 (C.37:1-22). The physician signing such certificate shall set forth his office address therein and such certificate shall be valid for thirty days from the date of the approved serological [test] tests or from the date of the last approved serological test if the tests are not completed on the same date.

A physician licensed to practice medicine and surgery in all its branches in this State may submit to the person authorized by law to issue marriage licenses, in lieu of such certificate, a statement over his signature that the female applicant for the license is near the termination of her pregnancy or the death of one or both applicants is imminent and that he has taken blood samples adequate for serological testing from such applicant or applicants, excepting those whose death is imminent, and forwarded same to the State Department of Health laboratory, in which case a certificate shall not be required of such applicant or applicants prior to issuance of a license.

(cf: P.L.1953, c.416, s.1)

3. Section 2 of P.L.1938, c.126 (C.37:1-21) is amended to read as follows:

2. The above mentioned certificate shall contain a statement signed by the person in charge of the laboratory making the test, or other person authorized by the laboratory to sign such certificates, setting forth the test performed, the date thereof, the name and address of the person whose blood was tested, and certifying that said laboratory is approved for performance of serological tests for syphilis or antibodies to human T-cell lymphotropic virus, type III, by the State Department of Health or the Armed Forces of the United States or the Public Health Service, or by the department of health of the District of Columbia, or of the territory or State in which the laboratory is situated. The applicant shall also sign a statement on the certificate setting forth that he is the applicant referred to therein.

(cf: P.L.1953, c.416, s.2)

4. Section 3 of P.L.1938, c.126 (C.37:1-22) is amended to read as follows:

3. The above mentioned certificate shall be on a form to be provided and distributed by the State Department of Health to approved laboratories in the State or on a form approved for use in this State by the department. This form is hereinafter referred to in this act as the "Premarital Certificate Form." The notice to the applicants of the result of the approved serological test for antibodies to human T-cell lymphotropic virus, type III, required by section 1 of P.L.1938, c.126 (C.37:1-20) shall be on a form prescribed and distributed by the State Department of Health to approved laboratories in this State or on a form approved for use in the State by the department. The notice shall include information concerning the implications of a positive test result.

(cf: P.L.1953, c.416, s.3 )

5. Section 4 of P.L.1938, c.126 (C.37:1-23) is amended to read as follows:

4. For the purpose of this act an approved serological test shall be a test for syphilis performed in a clinical laboratory licensed in syphilis serology by the State Department of Health or by a laboratory in this State approved to make such tests by said department or at a laboratory outside this State approved by said department or the health department of the state or territory of the United States or District of Columbia wherein it is located or at a laboratory of the Armed Forces of the United States or the United States Public Health Service.

An approved serological test for antibodies to human T-cell lymphotropic virus, type III, means a test for antibodies to human T-cell lymphotropic virus, type III, the causative agent of acquired immunodeficiency syndrome, performed in a laboratory in this State approved by the State Department of Health, health department of a state or territory of the United States, or the District of Columbia, wherein the laboratory is located, or in a laboratory of the Armed Forces of the United States or the United States Public Health Service.

Such laboratory tests as are required by this act may be performed in the laboratories of the State Department of Health.

(cf: P.L.1971, c.84, s.2)

6. Section 6 of P.L.1938, c.126 (C.37:1-25) is amended to read as follows:

6. Any applicant for a marriage license, physician, or representative of a laboratory who shall misrepresent any of the facts called for by the "Premarital Certificate Form" or a physician's statement, submitted in lieu thereof, or the notice to the applicants concerning the test for antibodies to human T-cell lymphotropic virus, type III, prescribed by this act; or any licensing officer who shall fail to receive the "Premarital Certificate Form," or a physician's statement, submitted in lieu thereof, or who shall have reason to believe that any of the facts thereon has been so misrepresented, and shall nevertheless issue a marriage license; or any person who shall otherwise fail to comply with the provisions of this act shall be subject to a penalty of not less than ten dollars[($10.00)]($10) nor more than one hundred dollars[($100.00)]($100), to be recovered with costs, in a civil action of debt by and in the name of the local board of health of the municipality where the marriage license was issued, or by and in the name of the State Department of Health.

(cf: P.L.1953, c.416, s.6)

7. (New section) Nothing in this 1992 amendatory and supplementary act shall prohibit a licensing officer from issuing a marriage license to an applicant with a positive result to the serological test for antibodies to human T-cell lymphotropic virus, type III.

8. This act shall take effect on the 30th day after enactment.

STATEMENT

This bill requires that when a person suspected of suffering from, or infected with a venereal disease is required to submit to testing for the presence of the disease, the person shall also permit necessary specimens of blood to be taken for the purpose of testing for the presence of antibodies of human T-cell lymphotropic virus, type III, (HTLV-III), the causative agent of acquired immunodeficiency syndrome (AIDS).

The bill requires that applicants for a marriage license obtain a serological test for antibodies to human T-cell lymphotropic virus. Licensed physicians who sign the "Premarital Certificate Form" required by P.L.1938, c.126 (C.37:1-20 et seq.) shall notify in writing both of the applicants of the result of the tests of the applicants on a form prescribed by the State Department of Health. Because of the limitations in the current understanding of this test, the form would include information concerning the implications of a positive test result.

The bill does not prohibit persons with positive test results from getting married. The intent of this bill is to ensure that both parties to a marriage are informed, prior to their marriage, of whether either or both of them have antibodies to the HTLV-III virus in order to prevent the possible transmission of AIDS and to encourage those persons with positive test results to seek counseling and medical services.

In addition, the bill requires that the "Premarital Certificate Form" be changed to include a statement by the licensed physician, in addition to the physician's statement concerning the applicants' freedom from syphilis, that the applicants have submitted to an approved serological test for antibodies to HTLV-III and that the physician has notified the applicants in writing of the results of the applicants' tests.

Requires person being tested for venereal disease to also submit to testing for AIDS, and requires applicants for marriage licenses to be tested for AIDS.