HB3353

HOUSE OF REPRESENTATIVES	H.B. NO.	3353
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

SECTION 1. Chapter 325, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§325- HIV testing; pregnancy screening. (a) Every health care provider who assumes responsibility for the prenatal care of pregnant women and at delivery shall be required to test pregnant women for human immunodeficiency virus (HIV) except in cases where the woman refuses the testing.

(b) If at the time of delivery there is no written evidence that an HIV test has been performed, the physician or other health care provider in attendance at the delivery shall order that a sample of the woman's blood be taken or a rapid oral test administered at the time of the delivery except in cases where the woman refuses the testing.

(c) The woman shall be informed of the test to be conducted and her right to refuse pursuant to section 325-16. If the woman tests positive, counseling services provided by the department of health shall be made available to her and she shall be referred to appropriate medical care providers for herself and her child.

(d) If for any reason the pregnant woman is not tested for HIV, that fact shall be recorded in the patient's records, which, if based upon the refusal of the patient, shall relieve the physician or other health care provider of any other responsibility under this section.

(e) Confidentiality. The confidentiality of all records held pursuant to this section is governed by section 325-101.

(f) Civil penalty. Any person or institution who wilfully violates any provision of this section shall be fined not less than $1,000 nor more than $10,000 for each violation plus reasonable court costs and attorney's fees as determined by the court, which penalty and costs shall be paid to the person whose records were released. This subsection shall not be construed as limiting the right of any person or persons to recover actual damages.

(g) The department of health shall adopt rules, pursuant to chapter 91, to establish procedures and standards to implement this section."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________