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