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2005 SESSION

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050196212
HOUSE BILL NO. 2854 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Health, Welfare and Institutions on January 27, 2005) (Patron Prior to Substitute--Delegate Amundsen) A BILL to amend the Code of Virginia by adding a section numbered 32.1-45.01, relating to testing for and limited disclosure of infection with certain blood-borne pathogens; person convicted of certain crimes.

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 32.1-45.01 as follows:

§ 32.1-45.01. Testing of persons convicted of certain crimes for infection with certain blood-borne pathogens; limited disclosure.

A. In addition to such other tests as may be required by law, each person convicted of a violation of § 18.2-346 or 18.2-361 or any violation of the Drug Control Act (§ 54.1-3400 et seq.) that involves injection drugs shall be tested for hepatitis C. In addition, the Board of Health may, in the exercise of its responsibilities to prevent and control disease in the Commonwealth, direct that such persons be tested for other diseases for which such persons may be at risk.

B. Upon receiving a report of a positive test result for infection with hepatitis C or such other disease as the Board may direct testing be conducted pursuant to subsection A and include on the list of reportable diseases pursuant to § 32.1-35, the State Health Commissioner may share protected health information relating to such positive test that may be needed to prevent and control disease and is deemed necessary to prevent serious harm and serious threats to the health and safety of individuals and the public with relevant sheriffs' offices, adult or youth correctional facilities or regional or local jails. The protected health information shall be held confidential and no person to whom the information is disclosed shall redisclose or otherwise reveal the protected health information without first obtaining the specific authorization of the individual who was the subject of the test for such disclosure.

C. Such protected health information shall only be used to protect the health and safety of individuals and the public in conformance with the regulations concerning patient privacy promulgated by the federal Department of Health and Human Services, as such regulations may be amended.