HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/STATE/ARKANSAS.ASC

Text File | 1993-01-14 | 13KB | 314 lines

/* Arkansas  has enacted laws concerning criminally exposing
persons to the virus; and a "shield law." */





5-14-123. Exposing another person to human immunodeficiency
virus.

(a)  A person with Acquired Immunodeficiency Syndrome (AIDS) or
who tests positive for the presence of human immunodeficiency
virus (HIV) antigen or antibodies is infectious to others through
the exchange of body fluids during sexual intercourse and through
the parenteral transfer of blood or blood products and under
these circumstances is a danger to the public.

(b)  A person commits the offense of exposing another to HIV if
the person knows he or she has tested positive for HIV and
exposes another person to such viral infection through the
parenteral transfer of blood or blood products or engages in
sexual penetration with another person without first having
informed the other person of the presence of HIV.

(c)  As used in this section, "sexual penetration" means sexual
intercourse, cunnilingus, fellatio, anal intercourse, or any
other intrusion, however slight, of any part of a person's body
or of any object into the genital or anal openings of another
person's body, but emission of semen is not required.

(d)  Exposing another to HIV is a Class A felony.



CHAPTER 82 SEARCH AND SEIZURE.  SUBCHAPTER 1. GENERAL PROVISIONS.

16-82-101.     Testing for human immunodeficiency virus.

(a)  A person with Acquired Immunodeficiency Syndrome (AIDS) or
who tests positive for the presence of Human Immunodeficiency
Virus (HIV) antigen or antibodies is infectious to others through
the exchange of body fluids during sexual intercourse and through
the parenteral transfer of blood or blood products and under
these circumstances is a danger to the public.

(b)(1) Any person arrested and charged with violating 5-14-103 -
5-14-109, 5-14-120 - 5-14-122, and 5-70-102 may be required by
the court having jurisdiction of the criminal prosecution, upon a
finding of reasonable cause to believe that the person committed
the offense and subject to constitutional limitations, to be
tested for the presence of HIV or any antibody to HIV, unless the
court determines that testing the defendant would be
inappropriate and documents the reasons for that determination in
the court record.

(2)  The test shall be confidentially administered by a licensed
physician, the Department of Health, or a local health
department.

(c)  If the victim or person with whom the defendant engaged in
sexual penetration during the course of the crime consents, the
court shall provide the person or agency administering the test
with the name, address, and telephone number of the victim or
person with whom the defendant engaged in sexual penetration
during the course of the crime. After the defendant is tested as
to the presence of HIV or an antibody to HIV, the person or
agency administering the test shall immediately provide the test
results to the victim or person with whom the defendant engaged
in sexual penetration during the course of the crime, and shall
refer the victim or other person for appropriate counseling.



SUBCHAPTER 9 - ACQUIRED IMMUNE DEFICIENCY SYNDROME

SECTION.

20-15-901.     Free testing program - Confidentiality.

20-15-902.     Counseling - Seminars.

20-15-903.     Advising physician or dentist required - Penalty.

20-15-904.     Reporting - Confidentiality - Subpoenas.

20-15-905.     HIV Shield Law.

20-15-906.     Report  to   Department  of Health required -
Privileged communications.



20-15-901.     Free testing program - Confidentiality.

(a)  The Department of Health shall institute an acquired immune
deficiency syndrome (AIDS) testing program whereby any citizen
may be tested for the virus without charge.

(b)  The program shall be so devised as to maintain secrecy as to
the identification of persons voluntarily participating in the
program.



20-15-902.     Counseling - Seminars.

The Department of Education, the University of Arkansas for Medi
cal Sciences, and the Department Of Health shall jointly provide
counseling and shall also conduct public seminars designed to
educate the public regarding acquired immune deficiency syndrome
(AIDS).



20-15-903.     Advising physician or dentist required - Penalty.

(a)  Any person who is found to have human immunodeficiency virus
(HIV) infection shall, prior to receiving any health care
services of a physician or dentist, advise such physician or
dentist that the person has HIV infection.

(b)  Any person failing or refusing to comply with the provisions
of subsection (a) of this section shall be guilty of a Class A
misdemeanor and punished accordingly.



20-15-904.     Reporting - Confidentiality - Subpoenas.

(a)  A person with acquired immunodeficiency syndrome (AIDS) or
who tests positive for the presence of human immunodeficiency
virus (HIV) antigen or antibodies is infectious to others through
the exchange of body fluids during sexual intercourse and through
the parenteral transfer of blood or blood products and under
these circumstances is a danger to the public.

(b)  A physician whose patient is determined to have acquired
immunodeficiency syndrome (AIDS) or who tests positive for the
presence of  human immunodeficiency virus (HIV) antigen or
antibodies shall immediately make a report to the Arkansas
Department of Health in such manner and form as the department
shall direct.

(c)  All information and reports in connection with persons
suffering from or suspected to be suffering from the diseases
specified in this section shall be regarded as confidential by
any and every person, body, or committee whose duty it is or may
be to obtain, make, transmit, and receive such information and
reports. However, any prosecuting attorney of this state may
subpoena such information as may be necessary to enforce the
provisions of this section and 5-14-123 and 16-82-101, provided
that any information acquired pursuant to such subpoena shall not
be disclosed except to the courts to enforce the provisions of
this section.



20-15-905.     HIV Shield Law.

(a)  As used in this section:

(1)  "Health care provider" means any physician, nurse,
paramedic, or other person providing medical, nursing, or other
health care services of any kind;

(2)  "Health facility" means a hospital, nursing home, blood
bank, blood center, sperm bank, or other health care institution;

(3)  "HIV' means the human immunodeficiency virus or any other
identified causative agent of acquired immunodeficiency syndrome
(AIDS);

(4)  "Person" includes any natural person, partnership,
association, joint venture, trust, governmental entity, public or
private corporation, health facility, or other legal entity;

(5)  "Test" or "HIV test" means a test to determine the presence
of the antibody or antigen to HIV, or of HIV infection.

(b)  Informed consent is not required for a health care provider
or health facility to perform a test when a health care provider
or employee of a health facility is involved in a direct skin or
mucous membrane contact with the blood or bodily fluids of an
individual which is of a nature that may transmit HIV, as
determined by a physician in his medical judgment. The results of
the test shall be provided by the person ordering the test to the
affected health care provider or employee of a health facility,
to the health care provider's or employee's physician, to the
patient, and to the patient's physician. Appropriate counseling
along with the test results shall be provided.

(c)  Informed consent, information, and counseling are not
required for the performance of an HIV test when, in the judgment
of the physician, such testing is medically indicated to provide
appropriate diagnosis and treatment to the subject of the test,
provided that the subject of the test has otherwise provided his
or her consent to such physician for medical treatment. If
confirmatory testing is positive for evidence of HIV infection,
the patient shall be informed.

(d)  Health care providers or facilities may not deny appropriate
care based upon the results of an HIV test.

(e)(1) Nothing in this section shall be construed to impose civil
liability or criminal sanction for performing a test without
written informed consent pursuant to the provisions of subsection
(b) or (c) of this section.

(2)  Nothing in this section shall be construed to impose civil
liability or criminal sanction for disclosure of a test result in
accordance with the provisions of subsection (b) of this section;
provided, however, that nothing in this section shall be
construed to limit the confidentiality provided by 20-15-9()1 for
AIDS testing unless testing is conducted pursuant to this
section.



20-15-906.     Report to Department of Health required - Privi
leged communications.

(a)  Reports shall be made to the Arkansas Department of Health
in such form and manner as may be required by the department for
all persons who have been determined to have acquired
immunodeficiency syndrome (AIDS) or who have tested positive for
the presence of human immunodeficiency virus (HIV) antigen or
antibodies.

(b)  Reporting is required by the following persons:

(1)  Physicians;

(2)  Hospital infection control practitioners and the
chairpersons of hospital infection control committees;

(3)  Directors of laboratories doing business in the State of
Arkansas;

(4)  Medical directors of in-home health agencies;

(5)  Program directors of state agencies to whom an HIV/AlDS diag
nosis has been disclosed;

(6)  Nursing home medical directors; and

(7)  Those other persons as are required by the rules and
regulations of the Arkansas Department of Health.

(c)  notwithstanding the provisions of this section or any other
law, the privileged communications provisions codified at 17-39-
107 et seq. are not repealed, and no insurer or hospital and
medical service corporation may deny payment of benefits for
services rendered by those licensed pursuant to 17-39-301 et
seq., for covered services.



20-27-301.     Donation by minors.

(a)  Any minor who has reached the age of seventeen (17) years
may act as a blood donor to any nonprofit blood bank or any
licensed hospital without consideration.

(b)  The consent of the minor shall not be subject to
disaffirmance because of the minority of the donor. The consent
of the parent or guardian of the minor shall not be necessary to
authorize the taking of blood from the minor.

(c)  However, nothing in this section shall be construed to
relieve any blood bank or hospital or its agents or employees
from civil liability for any negligence in taking the blood of a
minor.





20-27-302.     Testing for blood-borne diseases.

(a)  Any individual or company that collects blood products,
including but not limited to red cells, white cells, platelets,
clotting factors, immunoglobulins, or plasma for the purpose of
resale or distribution used in the treatment of human disease,
shall:

(1)  Inform the donor that his blood will be tested for the
presence of human immunodeficiency virus antigens or antibodies
(HIV-1), causative agents of acquired immunodeficiency syndrome
(AIDS) and other blood-borne diseases and shall inform the donor
of the test results. In addition, if the donor's blood tests are
found to be reactive, the donor's name shall be made available to
the Department of Health for the purpose of contact tracing and
partner notification and to donor referral registries;

(2)  Use no donations of blood products or plasma until the donor
has been found to be free of evidence of the HIV infection by a
United  States Food and Drug Administration-approved screening
test such as the Enzyme-Linked Immunosorbent Assay (ELISA) test;

(3)  Repeat any screening test that is found to be positive. If
the screening test is repeatedly positive, a confirmatory test,
such as the Western Blot, Immunofluorescence Assay (IFA) or any
other confirmatory test subsequently approved by the United
States Food and Drug Administration shall be performed. If
confirmatory testing is positive for evidence of HIV infection,
the donor shall be informed and his blood shall not be accepted.

(b)  Donors who test positive shall be encouraged to seek medical
consultation from their physician or local public health
facility.