HB1426: relative to testing for the human immunodeficiency virus.

CHAPTER 36

HB 1426-FN – FINAL VERSION

11Mar2004… 0627h

2004 SESSION

04-2355

01/09

HOUSE BILL 1426-FN

AN ACT relative to testing for the human immunodeficiency virus.

SPONSORS: Rep. Pilliod, Belk 31; Rep. Joseph Manning, Ches. 28; Sen. Martel, Dist 18

COMMITTEE: Health, Human Services and Elderly Affairs

AMENDED ANALYSIS

This bill allows testing for the presence or absence of antibodies or antigens of the human immunodeficiency virus in a physician’s office in accordance with federal law. This bill also repeals certain rulemaking relative to certification of laboratories because such certification is preempted by federal law.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2004… 0627h

04-2355

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to testing for the human immunodeficiency virus.

Be it Enacted by the Senate and House of Representatives in General Court convened:

36:1 Testing; Human Immunodeficiency Virus. Amend RSA 141-F:6 to read as follows:

141-F:6 Testing[; Certification].

I. The department, or agencies operated by or under contract with the department, shall offer laboratory testing, in accordance with RSA 131, for the presence or absence of antibodies or antigens of the human immunodeficiency virus. Each sample for testing shall be submitted with a statement signed by a physician, or by a person authorized by a physician to sign, attesting that the [person] patient has consented to the test in accordance with RSA 141-F:5.

II. All other laboratories, public or private, which test human blood or any other business or organization, public or private, which tests human blood, tissue, or other samples as part of its operations may offer to test samples for the presence or absence of antibodies or antigens of the human immunodeficiency virus [if such laboratories are annually certified by the department. The commissioner shall adopt rules under RSA 141-F:4 relative to the certification process]. Such laboratories or other such businesses or organizations shall require that any sample for testing be submitted with a written statement signed by a physician, or a person authorized by a physician to sign, attesting that [such person] the patient has given informed consent as required under RSA 141-F:5. [Certification under this paragraph shall be in addition to any other certification, registration, or licensure required for such laboratories under state law. ]

36:2 Repeal. The following are repealed:

I. RSA 141-F:3, X, relative to certifying laboratories.

II. RSA 141-F:4, V, relative to rulemaking for certification of laboratories.

36:3 Effective Date. This act shall take effect 60 days after its passage.

(Approved: April 23, 2004)

(Effective Date: June 22, 2004)