GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	4 

SENATE BILL 282*
Human Resources Committee Substitute Adopted 5/3/89
Judiciary III Committee Substitute #2 Adopted 5/5/89
Fourth Edition Engrossed 5/11/89

Short Title:  Communicable Disease Law Change.	(Public)
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Sponsors:
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Referred to:  
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February 27, 1989

A BILL TO BE ENTITLED
AN ACT TO AMEND THE COMMUNICABLE DISEASE LAW.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 130A-148 reads as rewritten:
"§ 130A-148.  Laboratory tests for AIDS virus infection.
(a)	For the protection of the public health, the Commission shall adopt rules establishing standards for the certification of laboratories to perform tests for Acquired Immune Deficiency Syndrome (AIDS) virus infection.  The rules shall address, but not be limited to, proficiency testing, record maintenance, adequate staffing and confirmatory testing.  Tests for AIDS virus infection shall be performed only by laboratories certified pursuant to this subsection and only on specimens submitted by a physician licensed to practice medicine.  This subsection shall not apply to testing performed solely for research purposes under the approval of an institutional review board.
(b)	Prior to obtaining consent for donation of blood, semen, tissue or organs, a facility or institution seeking to obtain blood, tissue, semen or organs for transfusion, implantation, transplantation or administration shall provide the potential donor with information about AIDS virus transmission, and information about who should not donate.
(c)	No blood or semen may be transfused or administered when blood from the donor has not been tested or has tested positive for AIDS virus infection by a standard laboratory test.
(d)	No tissue or organs may be transplanted or implanted when blood from the donor has not been tested or has tested positive for AIDS virus infection by a standard laboratory test unless consent is obtained from the recipient, or from the recipient's guardian or a responsible adult relative of the recipient if the recipient is not competent to give such consent.
(e)	Any facility or institution that obtains or transfuses, implants, transplants, or administers blood, tissue, semen, or organs shall be immune from civil or criminal liability that otherwise might be incurred or imposed for transmission of AIDS virus infection if the provisions specified in subsections (b), (c), and (d) of this section have been complied with.
(f)	Specimens may be tested for AIDS virus infection for research or epidemiologic purposes without consent of the person from whom the specimen is obtained if all personal identifying information is removed from the specimen prior to testing.
(g)	Persons tested for AIDS virus infection shall be notified of test results and counseled appropriately.  This subsection shall not apply to tests performed by or for entities governed by Article 34 of G.S. Chapter 58, the Insurance Information and Privacy Protection Act, provided that said entities comply with the notice requirements thereof.
(h)	The Commission may authorize or require laboratory tests for AIDS virus infection when necessary to protect the public health.
(i)	Except as provided in subsection (h) of this section, no test for AIDS virus infection shall be required, performed or used to determine suitability for continuous employment, housing or public services, or for the use of places of public accommodation as defined in G.S. 168A-3(a), or public transportation.
Further, it shall be unlawful to discriminate, on account of their AIDS virus infection, against persons having AIDS virus infection to determine their suitability for continuous employment, housing, or public services, or for the use of places of public accommodation, as defined in G.S. 168A-3(8), or public transportation; provided, however, that where public services or places of public accommodation may apply to the provision of health care it shall not be discrimination for a State licensed health care professional or facility to treat a person infected with the AIDS virus infection differently as necessary to appropriately protect the provider while assuring that appropriate care will be provided to the person infected with the AIDS virus infection, or to refer a patient infected with the AIDS virus when the health care provider or facility feels incapable of providing appropriate care in that setting.  Any person so aggrieved shall be entitled to institute a civil action pursuant to G.S. 168A-11 of the Handicapped Persons Protection Act, or G.S. 41A-7 of the State Fair Housing Act.
Nothing in this act shall be construed so as to prohibit an employer from requiring a test for AIDS virus infection for job applicants in preemployment medical examinations required by the employer; or to prohibit an employer from denying employment to a job applicant based solely on a confirmed positive test for AIDS virus infection; or to prohibit an employer from taking the appropriate employment action, including reassignment or termination of employment, if an employee who is infected with the AIDS virus develops manifestations or complications of that infection that would reasonably pose a risk to the health of the employee, coworkers, or the public, or that would render the employee unqualified to perform the normally assigned duties of the job."
Sec. 2.  Restaurants issued a permit pursuant to G.S. 130A-248 shall be exempted from G.S. 130A-148(i), as it applies to suitability for continued employment, until July 1, 1991.
Sec. 3.  G.S. 130A-135 is amended to read:
"A physician licensed to practice medicine who has reason to suspect that a person about whom the physician has been consulted professionally has a communicable disease or communicable condition declared by the Commission to be reported, shall report information required by the Commission to the local health director of the county or district in which the physician is consulted.  The Commission shall declare confirmed HIV infection to be a reportable communicable condition."
Sec. 4.  A new section is added to Chapter 130A of the General Statutes to read:
"§ 130A-395.  Handling and transportation of bodies.
(a)	It shall be the duty of the physician licensed to practice medicine under Chapter 90 attending any person who dies and is known to have smallpox, plague, HIV infection, hepatitis B infection, rabies, or Jakob-Creutzfeldt to provide written notification to all individuals handling the body of the proper precautions to prevent infection.  This written notification shall be provided to funeral service personnel at the time the body is removed from any hospital, nursing home, or other health care facility.  When the patient dies in a location other than a health care facility, the attending physician shall notify the funeral service personnel verbally of the precautions required in subsection (b) and (c) as soon as the physician becomes aware of the death.
(b)	The body of a person who died from smallpox or plague shall not be embalmed.  The body shall be enclosed in a strong, tightly sealed outer case which will prevent leakage or escape of odors as soon as possible after death and before the body is removed from the hospital room, home, building, or other premises where the death occurred.  This case shall not be reopened except with the consent of the local health director.
(c)	Persons handling bodies of persons who died and were known to have HIV infection, hepatitis B infection, Jakob-Cruetzfeldt, or rabies shall be provided written notification to observe blood and body fluid precautions."
Sec. 3.  Restaurants issued a permit pursuant to G.S. 130A-248 shall be exempted from G.S. 130A-148(i), as it applies to suitability for continued employment, until July 1, 1991.
Sec. 4.  This act is effective upon ratification provided that G.S. 130A-148(i) shall terminate July 1, 1991.