0001| HOUSE BILL 695 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| PATSY G. TRUJILLO | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO HEALTH; PROVIDING FOR CERTAIN COUNSELING; PROVIDING | 0013| A PENALTY; MAKING AN APPROPRIATION. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 24-2B-4 NMSA 1978 (being Laws 1989, | 0017| Chapter 227, Section 4) is amended to read: | 0018| "24-2B-4. MANDATORY COUNSELING.-- | 0019| A. No positive test result shall be revealed to | 0020| the person upon whom the test was performed without the person | 0021| performing the test or the health facility at which the test was | 0022| performed providing or referring that person for individual | 0023| counseling about: | 0024| [A.] (1) the meaning of the test results; | 0025| [B.] (2) the possible need for additional | 0001| testing; | 0002| [C.] (3) the availability of appropriate | 0003| health care services, including mental health care, social and | 0004| support services; and | 0005| [D.] (4) the benefits of locating and | 0006| counseling any individual by whom the infected person may have | 0007| been exposed to the human immunodeficiency virus and any | 0008| individual whom the infected person may have exposed to the | 0009| human immunodeficiency virus. | 0010| B. If the person upon whom the test was performed | 0011| is an alleged rape victim, counseling shall include | 0012| information: | 0013| (1) necessary to assess the risk of | 0014| contracting the human immunodeficiency virus and other sexually | 0015| transmitted diseases; | 0016| (2) about prophylactic treatment; and | 0017| (3) about human immunodeficiency virus | 0018| confidentiality and discrimination laws." | 0019| Section 2. Section 24-2B-6 NMSA 1978 (being Laws 1989, | 0020| Chapter 227, Section 6) is amended to read: | 0021| "24-2B-6. CONFIDENTIALITY.-- | 0022| A. No person or the person's agents or employees | 0023| who require or administer the test shall disclose the identity | 0024| of any person upon whom a test is performed or the result of | 0025| such a test in a manner [which] that permits identification | 0001| of the subject of the test, except to the following persons: | 0002| [A.] (1) the subject of the test or the | 0003| subject's legally authorized representative, guardian or legal | 0004| custodian; | 0005| [B.] (2) any person designated in a legally | 0006| effective release of the test results executed prior to or after | 0007| the test by the subject of the test or the subject's legally | 0008| authorized representative; | 0009| [C.] (3) an authorized agent, a | 0010| credentialed or privileged physician or employee of a health | 0011| facility or health care provider if the health care facility or | 0012| health care provider itself is authorized to obtain the test | 0013| results, the agent or employee provides patient care or handles | 0014| or processes specimens of body fluids or tissues and the agent | 0015| or employee has a need to know such information; | 0016| [D.] (4) the [health and environment] | 0017| department of health and the centers for disease control of | 0018| the United States public health service in accordance with | 0019| reporting requirements for a diagnosed case of acquired immune | 0020| deficiency syndrome; | 0021| [E.] (5) a health facility or health care | 0022| provider [which] that procures, processes, distributes or | 0023| uses: | 0024| [(1)] (a) a human body part from a | 0025| deceased person, with respect to medical information regarding | 0001| that person; | 0002| [(2)] (b) semen provided prior to the | 0003| effective date of the Human Immunodeficiency Virus Test Act for | 0004| the purpose of artificial insemination; | 0005| [(3)] (c) blood or blood products for | 0006| transfusion or injection; or | 0007| [(4)] (d) human body parts for | 0008| transplant with respect to medical information regarding the | 0009| donor or recipient; | 0010| [F.] (6) health facility staff committees | 0011| or accreditation or oversight review organizations [which] | 0012| that are conducting program monitoring, program evaluation or | 0013| service reviews, so long as any identity remains confidential; | 0014| [G.] (7) authorized medical or | 0015| epidemiological researchers, who may not further disclose any | 0016| identifying characteristics or information; and | 0017| [H.] (8) for purposes of application or | 0018| reapplication for insurance coverage, an insurer or reinsurer | 0019| upon whose request the test was performed. | 0020| B. Any person who violates any provision of this | 0021| section is guilty of a fourth degree felony and shall be | 0022| sentenced pursuant to the provisions of Section 31-18-15 NMSA | 0023| 1978." | 0024| Section 3. APPROPRIATION.-- | 0025| A. One hundred thousand dollars ($100,000) is | 0001| appropriated from the general fund to the department of health | 0002| for expenditure in fiscal year 1997 to provide for: | 0003| (1) tests for chlamydia, gonorrhea, hepatitis | 0004| B, the human immunodeficiency virus and syphilis for rape | 0005| survivors; | 0006| (2) prophylactic azidothymidine treatment for a | 0007| rape survivor unable to afford such treatment; and | 0008| (3) education for rape crisis center and law | 0009| enforcement personnel and others on sexually transmitted | 0010| diseases, including the human immunodeficiency virus, and on | 0011| appropriate counseling for rape survivors. | 0012| B. Any unexpended or unencumbered balance remaining | 0013| at the end of fiscal year 1997 shall revert to the general fund. | 0014|  |