SENATE DOCKET, NO. 1449 FILED ON: 1/12/2009
SENATE . . . . . . . . . . . . . . No. 821
The Commonwealth of Massachusetts
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PRESENTED BY:
Patricia D.
Jehlen
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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 passage of the accompanying bill:
An Act Relative to HIV/AIDS Education and Prevention in the Commonwealth .
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PETITION OF:
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Name:
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District/Address:
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Patricia D.
Jehlen
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Second Middlesex
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Gloria L. Fox
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7th Suffolk
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Anthony D. Galluccio
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Middlesex, Suffolk and Essex
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John A. Hart, Jr.
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First Suffolk
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James E. Timilty
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Bristol and Norfolk
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Timothy J. Toomey, Jr.
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26th
Middlesex
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Susan C. Fargo
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Third Middlesex
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Byron Rushing
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9th Suffolk
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The Commonwealth of Massachusetts
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In the Year Two Thousand and Nine
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An Act Relative to HIV/AIDS Education and Prevention in the Commonwealth .
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 70F of Chapter 111 of the General Laws is hereby amended by striking out the first paragraph thereof a
nd inserting in place the following two paragraphs:
Prior to ordering a test that identifies the presence of the HTLV-III antibody or antigen, every health care facility, as defined in section seventy E, physician, or health care provider shall inform the
patient that the test is planned, provide information about the test, inform the patient that there are numerous treatment options available for a patient who tests positive for HIV and that a person who tests negative for HIV should continue to be routin
ely tested, and advise the patient that he or she has the right to decline the test. If a person declines to be tested for HIV, the physician or health care provider shall document that decision in the person’s medical record. No person shall be denied ap
propriate medical care because he or she decides not to
be tested for HIV.
No health care facility, as defined in section seventy E, and no physician or health care provider shall (1) disclose the results of such test to any person other than the subject
thereof without first obtaining the subject’s written informed consent; or (2) identify the subject of such test to any person without first obtaining the subject’s written informed consent.
