00RS SB227

SB227

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SB 227/FN (BR 2057) - G. Neal

     AN ACT relating to acquired immunodeficiency syndrome.
     Amend KRS 199.520 to require that information on HIV and hepatitis status be given to parents in adoption cases; amend KRS 211.180 to mandate that the cabinet by October 1, 2000, require reporting by name of persons who test positive for HIV; create new section of KRS Chapter 214 to create 25 member HIV/AIDS Advisory Council and establish membership and duties; require council to report findings to the Cabinet for Health Services regarding feasibility study on centers of excellence and assessment of resources and gaps in services; create new section of KRS Chapter 214 to provide details for name reporting system for those who test positive for HIV; require the cabinet to conduct review of guidelines for HIV or AIDS care coordination, to do annual reviews and outcome evaluations of programs, to review caseloads, review KDAP and the drug dispensing program, coordinate work with other agencies, insure access to Spanish-speaking interpreters, educate the health departments on a consistent basis, work with willing faith-based communities, review known cases of newborns with HIV, and establish pharmacological consultation program; require the cabinet to establish a program that provides grants to nonprofit clinics that offer HIV/AIDS services in a multidisciplinary team approach; amend KRS 214.181 to continue to allow anonymous testing for HIV and to exempt names of those who are anonymously tested from the reporting requirement; amend KRS 214.625 to require health department testing on HIV to be reported; amend KRS 222.421 to provide for priority access to alcohol/drug abuse programs for persons with HIV or hepatitis B or C; amend KRS 311.282 to provide that physicians who report HIV status to the cabinet in accordance with the cabinet's name-reporting regulations shall not be liable for disclosure of confidential information; and appropriate to the Cabinet for Health Services $1,065,000 in fiscal year 2000-2001 and $1,065,000 in fiscal year 2001-2002; to the Cabinet for Families and Children $55,000 in fiscal year 2000-2001 and $55,000 in fiscal year 2001-2002.

SB 227 - AMENDMENTS


     SCS/FN - Retain original provisions relating to HIV reporting, except require, in addition, reporting of the CD4 count and viral load; permit, rather than require, Cabinet for Health Services to create the advisory council of no more than 25 members, to the extent permitted by funding and staffing, and permit the formation of the subcommittee; require cabinet to perform other reviews and evaluations as permitted by staffing levels and available funding; permit cabinet to make information about grant opportunities available to nonprofit clinics rather than require grants to be made; delete the appropriation.
     SCA (1/Title, R. Sanders Jr) - Make title amendment.
     SFA (2, T. Buford) - Provide that reporting of HIV positive cases shall be by unique code assigned to person, rather than by name; amend various sections to conform; require physician or medical laboratory to report HIV positive test result by use of the unique code.
     SFA (3, E. Scorsone) - Provide that reporting of HIV positive cases shall be by unique code assigned to person, rather than by name; amend various sections to conform; require physician or medical laboratory to report HIV positive test result by use of the unique code.
     SFA (4, T. Buford) - Amend KRS 438.250 to add a health care professional who is licensed or certified under the laws of the Commonwealth, an employee of the health care professional, or an employee of a health care facility to the list of persons who, if bitten or exposed to the blood or body fluids of a defendant, inmate, parolee, or probationer, would require that the defendant, inmate, parolee, or probationer to be tested for HIV, hepatitis, or tuberculosis.
     SFA (5, T. Buford) - Amend KRS 214.181 to require patient to give informed consent to be tested for HIV if patient bites, causes a puncture wound of, or causes blood or body fluid exposure to the doctor, health care professional, or employee of any health care facility.
     SFA (6, T. Buford) - Amend KRS 214.181 to require patient to give informed consent to be tested for HIV if patient bites, causes a puncture wound of, or causes blood or body fluid exposure to the doctor, health care professional, or employee of any health care facility.
     HCS/FN - Retain provisions of SB227/GA; substitute reporting by name of persons who test positive for HIV in lieu of reporting by unique code; amend KRS 211.964, relating to EMTs, to make the HIV/AIDS continuing education requirement permissive and subject to the discretion of the Cabinet for Health Services; amend KRS 214.610 to delete requirement for mandatory continuing HIV/AIDS education; require cabinet to update any approved HIV/AIDS courses and contact appropriate professional associations, societies, and licensing or certifying entities; amend KRS 311.450, relating to podiatrists, to make the HIV/AIDS continuing education requirement permissive, rather than mandatory, and subject to the discretion of the board; amend KRS 312.175, relating to chiropractors, to make the HIV/AIDS continuing education requirement permissive, rather than mandatory, and subject to the discretion of the board; amend KRS 313.080, relating to podiatrists, to make the HIV/AIDS continuing education requirement permissive, rather than mandatory, and subject to the discretion of the board; amend KRS 313.305, relating to dental hygienists, to make the HIV/AIDS continuing education requirement permissive, rather than mandatory, and subject to the discretion of the board; amend KRS 314.073, relating to nurses, to make the HIV/AIDS continuing education requirement permissive, rather than mandatory, and subject to the discretion of the board; amend KRS 315.065, relating to pharmacists, to make the HIV/AIDS continuing education requirement permissive, rather than mandatory, and subject to the discretion of the board; amend KRS 320.280, relating to optometrists, to make the HIV/AIDS continuing education requirement permissive, rather than mandatory, and subject to the discretion of the board; amend KRS 327.050, relating to physical therapists, to make the HIV/AIDS continuing education requirement permissive, rather than mandatory, and subject to the discretion of the board; and amend KRS 333.190, relating to medical laboratory personnel, to make the HIV/AIDS continuing education requirement permissive, rather than mandatory, and subject to the discretion of the Cabinet for Health Services.
     HFA (1, M. Marzian) - Provide that reporting of HIV positive cases shall be by unique code assigned to person, rather than by name; amend various sections to conform; require physician or medical laboratory to report HIV positive test result by use of the unique code.
     HFA (2, B. Crall) - Provide that reporting of HIV positive cases shall be by unique code assigned to person, rather than by name; amend various sections to conform; require physician or medical laboratory to report HIV positive test result by use of the unique code.
     HFA (3, T. Burch) - Retain original provisions; amend KRS 197.055 to require the Department of Corrections to submit a report describing plans and activities of the Department of Corrections to test for and to manage human immunodeficiency virus, acquired immunodeficiency syndrome, and hepatitis C in the inmate population and identifying recommendations to the Legislative Research Commission no later than September 30, 2001.
     HFA (4, B. Crall) - Provide that reporting of HIV positive cases shall be by unique code assigned to person, rather than by name; provide that cabinet shall implement reporting by name if CDC standards on timeliness, accuracy, and completeness are not met by July 15, 2003; amend various sections to conform; require physician or medical laboratory to report HIV positive test result.
     HFA (5, M. Marzian) - Clarify that HIV/AIDS continuing education shall be optional for physicians, subject to the discretion of the Board of Medical Licensure.
     HFA (6, G. Stumbo) - Create a new section of KRS Chapter 48 to permit the Governor to declare an emergency and administer the government of the Commonwealth with public funds not to exceed appropriations provided for the immediately preceding fiscal year if a general appropriations bill for the government is not enacted; restrict authorizations to a maximum of one fiscal year; require investment of revenues received in excess of appropriations.
     HFA (7, G. Stumbo) - Create a new section of KRS Chapter 48 to permit the Chief Justice to declare an emergency and administer the judicial branch of government of the Commonwealth with public funds not to exceed appropriations provided for the immediately preceding fiscal year if a general appropriations bill for the judicial branch is not enacted; permit the Legislative Research Commission to declare an emergency and administer the legislative branch of government with public funds not to exceed appropriations provided for the immediately preceding fiscal year if a general appropriations bill for the legislative branch is not enacted; restrict authorizations to a maximum of one fiscal year; require investment of revenues received in excess of appropriations.
     HFA (8/Title, G. Stumbo) - Make title amendment.
     HFA (9, G. Stumbo) - Create a new section of KRS Chapter 48 to permit the Chief to declare an emergency and administer the judicial branch of government of the Commonwealth with public funds not to exceed appropriations provided for the immediately preceding fiscal year if a general appropriations bill for the judicial branch is not enacted; permit the Legislative Research Commission to declare an emergency and administer the legislative branch of government with public funds not to exceed appropriations provided for the immediately preceding fiscal year if a general appropriations bill for the legislative branch is not enacted; restrict authorizations to a maximum of one fiscal year; require investment of revenues received in excess of appropriations.

     Feb 7-introduced in Senate
     Feb 9-to Appropriations and Revenue (S)
     Feb 24-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
     Feb 25-2nd reading, to Rules
     Feb 29-posted for passage in the Regular Orders of the Day for Wednesday, March 1, 2000
     Mar 1-passed over and retained in the Orders of the Day; floor amendments (2) (3) (4) (5) and (6) filed to Committee Substitute
     Mar 2-3rd reading; floor amendments (2) (5) and (6) withdrawn ; 3rd reading, passed 36-1-1 with Committee Substitute, committee amendment (1-title), and floor amendments (3) and (4)
     Mar 3-received in House
     Mar 6-to Health and Welfare (H)
     Mar 8-posted in committee
     Mar 14-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 15-2nd reading, to Rules; floor amendments (1) (2) (3) and (4) filed to Committee Substitute
     Mar 20-recommitted to Appropriations and Revenue (H)
     Mar 22-posting waived
     Mar 23-reported favorably, to Rules with original Committee Substitute
     Mar 24-posted for passage in the Regular Orders of the Day for Monday, March 27, 2000
     Mar 27-floor amendment (5) filed to Committee Substitute
     Mar 29-3rd reading, passed 92-0; floor amendments (6) (7) and (9) filed to Committee Substitute, floor amendment (8-title) filed ; received in Senate
     Apr 11-enrolled, signed by each presiding officer, delivered to Governor
     Apr 21-signed by Governor (Acts ch. 432)


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