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Regular Session, 2010
SENATE BILL NO. 239
BY SENATOR BROOME
PUBLIC HEALTH. Expands the purpose for which results of HIV tests may be released to
the Department of Health and Hospitals and makes technical corrections. (gov sig)
AN ACT1
To amend and reenact R.S. 40:1299.141(1) and (5), 1299.142(A)(1) and (B)(5) and2
1299.143(1) and (2), relative to acquired immune deficiency syndrome; to correct3
certain terminology to ensure consistency with other statutes and the Louisiana4
Sanitary Code; to provide for definitions; to provide for blood and tissue storage5
facilities; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:1299.141(1) and (5), 1299.142(A)(1) and (B)(5), and 1299.143(1)8
and (2) are hereby amended and reenacted to read as follows: 9
PART XXXV. ACQUIRED IMMUNE DEFICIENCY SYNDROME HUMAN10
IMMUNODEFICIENCY VIRUS11
§1299.141. Definitions 12
As used in this Part: 13
(1) "AIDS HIV test" means a laboratory test approved by the Department of Health14
and Hospitals to detect antibodies to the probable causative agent for the disease acquired15
immune deficiency syndrome to the human immunodeficiency virus.16
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(5) A "positive reaction" means a positive AIDS HIV test with a positive confirmatory1
test, including, but not limited to the western blot.2
§1299.142. Blood and tissue storage facilities; test for AIDS HIV3
A. A blood bank, tissue bank, or other blood or tissue storage facility shall perform4
an AIDS an HIV test on the blood or tissue of all donors or cause such test to be performed.5
A blood or tissue storage facility shall not accept a blood or tissue donation from a donor6
whose AIDS HIV test results in a positive reaction unless: 7
(1) The secondary, corroborative AIDS HIV test provides evidence that the first8
AIDS HIV test was a false positive reaction.9
* * *10
B. The results of the tests performed pursuant to this Section shall be released only11
to:12
* * *13
(5) The office of preventive and public health services of the Department of Health14
and Hospitals for the limited any purpose of statistical summary and analysis necessary to15
control the spread of communicable diseases as authorized by Title 36 and Title 40 of16
the Louisiana Revised Statutes and by the Louisiana State Sanitary Code.17
§1299.143. Administration of blood, tissue, fluids to patient18
No physician, osteopath, hospital, blood bank, or tissue bank, or such health care19
provider's officers, employees, or agents authorized by law to administer blood, tissue, or20
fluids shall administer to a patient blood, blood products, body tissue, or body fluids donated21
by another individual unless: 22
(1) The donated blood, blood products, body tissue, or body fluids have been23
subjected to an AIDS an HIV test; and 24
(2) The AIDS HIV test performed produced a negative result.25
Section 2. This Act shall become effective upon signature by the governor or, if not26
signed by the governor, upon expiration of the time for bills to become law without signature27
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If28
vetoed by the governor and subsequently approved by the legislature, this Act shall become29 SB NO. 239
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words in boldface type and underscored are additions.
effective on the day following such approval.1
The original instrument and the following digest, which constitutes no part of
the legislative instrument, were prepared by Greg Waddell.
DIGEST
Present law makes references to "acquired immune deficiency syndrome" and "AIDS."
Proposed law changes this outdated terminology from "acquired immune deficiency
syndrome" to "human immunodeficiency virus" and from "AIDS" to "HIV."
Present law provides that the results of the tests performed pursuant to present law shall be
released only to the office of preventive and public health services of the Department of
Health and Hospitals for the limited purpose of statistical summary and analysis.
Proposed law corrects the name of the office of public health and provides that tests may be
released to the office of public health for any purpose necessary to control the spread of
communicable diseases as authorized by Title 36 and Title 40 of the Louisiana Revised
Statutes and by the Louisiana State Sanitary Code.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:1299.141(1) and (5), 1299.142(A)(1) and (B)(5) and 1299.143(1) and (2))