Virginia HB 1033: Testing of bodily fluids; deemed consent.

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Bill Tracking - 2018 session > Legislation 

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2018 SESSION

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18102791D

HOUSE BILL NO. 1033 

Offered January 10, 2018 

Prefiled January 9, 2018 

A BILL to amend and reenact �� 32.1-45.1, 32.1-48.015, and 
 32.1-116.3 of the Code of Virginia, and to repeal � 32.1-45.2 of the Code of Virginia, 
 relating to deemed consent to testing of bodily fluids. 
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Patrons-- Price, Bourne and Boysko 

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Referred to Committee for Courts of Justice 

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Be it enacted by the General Assembly of Virginia:

1. That �� 32.1-45.1, 32.1-48.015, and 32.1-116.3of the Code 
 of Virginia is amended and reenacted as follows:

� 32.1-45.1. Deemed consent to testing and release of test 
 results related to infection with human immunodeficiency virus or hepatitis B 
 or C viruses.

A. Whenever any health care provider, or any person employed 
 by or under the direction and control of a health care provider, is directly 
 exposed to body fluids of a patient in a manner that may, according to the then 
 current guidelines of the Centers for Disease Control and Prevention, transmit 
 human immunodeficiency virus or the 
 hepatitis B or C viruses virus, 
 the patient whose body fluids were involved in the exposure shall be deemed to 
 have consented to testing for infection with human immunodeficiency virus or the hepatitis B or C viruses virus. 
 Such patient shall also be deemed to have consented to the release of such test 
 results to the person who was exposed. In other than emergency situations, it 
 shall be the responsibility of the health care provider to inform patients of 
 this provision prior to providing them with health care services which create a 
 risk of such exposure.

B. Whenever any patient is directly exposed to body fluids of 
 a health care provider, or of any person employed by or under the direction and 
 control of a health care provider, in a manner that may, according to the then 
 current guidelines of the Centers for Disease Control and Prevention, transmit 
 human immunodeficiency virus or the 
 hepatitis B or C viruses virus, 
 the person whose body fluids were involved in the exposure shall be deemed to 
 have consented to testing for infection with human immunodeficiency virus or the hepatitis B or C viruses virus. 
 Such person shall also be deemed to have consented to the release of such test 
 results to the patient who was exposed.

C. For the purposes of this section, "health care 
 provider" means any person, facility or agency licensed or certified to 
 provide care or treatment by the Department of Health, Department of Behavioral 
 Health and Developmental Services, Department of Rehabilitative Services, or 
 the Department of Social Services, any person licensed or certified by a health 
 regulatory board within the Department of Health Professions except for