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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 239
BY SENATOR BROOME AND REPRESENTATI VE BARROW
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 of14
Health and Hospitals to detect antibodies to the probable causative agent for the15
disease acquired immune deficiency syndrome to the human immunodeficiency16
virus.17
* * *18
(5) A "positive reaction" means a positive AIDS HIV test with a positive19
confirmatory test, including, but not limited to the western blot.20
§1299.142. Blood and tissue storage facilities; test for AIDS HIV21
A. A blood bank, tissue bank, or other blood or tissue storage facility shall22
perform an AIDS an HIV test on the blood or tissue of all donors or cause such test23
to be performed. A blood or tissue storage facility shall not accept a blood or tissue24
donation from a donor whose AIDS HIV test results in a positive reaction unless: 25
(1) The secondary, corroborative AIDS HIV test provides evidence that the26
first AIDS HIV test was a false positive reaction.27
ACT No. 129 SB NO. 239 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
* * *1
B. The results of the tests performed pursuant to this Section shall be2
released only to:3
* * *4
(5) The office of preventive and public health services of the Department of5
Health and Hospitals for the limited restricted purpose of statistical summary and6
analysis controlling the spread of communicable diseases as authorized by Title7
36 and Title 40 of the Louisiana Revised Statutes and by the Louisiana State8
Sanitary Code.9
§1299.143. Administration of blood, tissue, fluids to patient10
No physician, osteopath, hospital, blood bank, or tissue bank, or such health11
care provider's officers, employees, or agents authorized by law to administer blood,12
tissue, or fluids shall administer to a patient blood, blood products, body tissue, or13
body fluids donated by another individual unless: 14
(1) The donated blood, blood products, body tissue, or body fluids have been15
subjected to an AIDS an HIV test; and 16
(2) The AIDS HIV test performed produced a negative result.17
Section 2. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: