Florida Law Flashcards
“Omnibus” Statute: F.S. §381.004 states that before performing an HIV test….
you must have the
patient’s “informed consent”.
For “Omnibus” Statute: F.S. §381.004, what information must be included to qualify as “informed consent”?
- Right to Confidentiality
- Reporting to DOH in patient identifiable form
- Anonymous testing site alternatives (And, Ideally)
- What test determines, potential uses and limitations of the test, and testing procedures
- Voluntariness of test; ability to withdraw consent
Physicians and Midwives ___________ pregnant women patients to be tested for sexually transmissible diseases, including HIV.
“shall cause”
In regards to pregnant women, what falls into the category for physicians and midwives of “causing” these women to be tested?
- Inform her that the test will be conducted
- Inform her of her right to refuse
- If she refuses, have her sign a written objection
For women who are pregnant,
unless they object
testing must be done:
- At initial examination
- At 28‐32 weeks pregnant
Pregnant women who appear at time of delivery or within
___________ who have not been tested
must _______________________
30 days postpartum
be tested prior to discharge
Testing is required for…..?
Testing for the above require what?
for donation of blood, organs, skin, human tissue
written informed consent
What are the specifics of releasing the identity of person tested or “test result” to anyone but the patient under F.S. 381.004?
The release must be:
- Authorized by the patient in a written release
- Healthcare reasons
Name some healthcare reasons a patient’s name or test results would be released, under F.S. 381.004?
- HCPs and employees of facility authorized to obtain result to provide care to the patient
- HCPs consulting with each other to provide diagnosis and treatment to the patient.
- The Department of Health for public health purposes in accordance with regulations
- Medical and non‐medical personnel suffering significant exposure
- Crime victims
- _Correctional facilities _
Name some OTHER reasons a patient’s name or test results would be released, under F.S. 381.004?
- For custodial care reasons:
- Agencies, and their employees with a need to know, involved in the placement and care of foster children (including foster parents)
- Employees of residential facilities
- For Epidemiological and Other Research
- If data is not in identifiable form
- Pursuant to court order
- As otherwise required/permitted by law
Explain the confidentiality enforcement
It is a felony of the third degree (up to 5 years) for any person who gets information identifying a person with an STD (including HIV), and who should have known the nature of the information, to maliciously, for monetary gain, or otherwise disclose such information, except to DOH, or a physician, nurse or Law Enforcement Agency.
It is unlawful for any person with HIV who knows s/he is infected and has been informed that s/he may communicate HIV to another through sexual intercourse, to ________________________
Have sexual intercourse with another person unless such person is informed of status and consents
One violation
felony of the third degree (up to 5 years)
Multiple violations
felony of the first degree (up to 30 years)
Florida Law ________ Discrimination on the basis of AIDS, AIDS‐related complex, and HIV
Prohibits
The Legislature finds and declares that persons infected or believed to be infected with [HIV] have suffered and will continue to suffer ___________
irrational and scientifically unfounded discrimination
The Legislature further finds and declares that society itself is harmed by this discrimination, as otherwise able‐bodied persons are deprived of:
- the means of supporting themselves
- providing for their own health care
- housing themselves
- participating in the opportunities otherwise available to them in society
Under the HIV Discrimination Law,
persons with or perceived to have HIV are
considered _________ under the law.
“handicapped”
Under the HIV Discrimination Law regarding hiring, you can’t
- require HIV test for hiring
- base employment decisions (hiring,
firing, promotions) on HIV status
The HIV Discrimination Law specifically prohibits discrimination against whom?
HCPs who treat HIV patients
In regards to insurance discrimination, testing is permitted for insurance, but only if the test is :
- based on the person’s current medical condition or medical history
- triggered by threshold coverage amounts which apply to all persons within the risk class
What may not be used in the underwriting process or determination of which applicants must be tested for exposure to the HIV infection?
Sexual orientation
Under insurance discrimination, insurers cannot what?
Insurers cannot exclude coverage of eligible individual because of HIV
In regards to insurance discrimination:
Except as applies to any pre‐existing
conditions,
No health insurance policy can exclude coverage for
_________________ to HIV
EXPOSURE
