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For Immediate
Release
7/7/11
Governor Signs Two Erickson Bills Into Law
Will streamline HIV testing, ensure state regs are
based on sound data
Governor Tom Corbett signed two bills sponsored by Senator Ted
Erickson (R-26) into law today (July 7). The new laws will streamline
HIV testing in Pennsylvania and ensure that state regulations are based
on reliable data and sound science.
Senate Bill 260, based on recommendations of the Centers for Disease
Control and Prevention (CDC), amends Act 148 of 1990 -- Confidentiality
of HIV-Related Information Act -- to streamline the testing process.
When Act 148 was enacted, HIV testing was primarily targeted at
individuals from high-risk populations and blood donors. The act was
designed to guarantee privacy, confidentiality and education for those
tested by requiring pre-test counseling which included education about
HIV prevention, and for signed informed consent.
The new law eliminates the counseling requirement and provides for an
"opt-out" provision, whereby a patient is advised that a blood test will
include testing for HIV unless he or she refuses.
"The new law recognizes that times have changed since 1990 and
provides for a more expeditious process as recommended by the CDC,"
Senator Erickson said. "This procedure will prioritize identifying
individuals who are unaware of their HIV status and getting them into
treatment, while sustaining the fundamental voluntary nature of HIV
screening."
Senate Bill 263 expands the scope of review by the Independent
Regulatory Review Commission (IRRC) to include the examination of the
quality of data, studies, reports and information underlying state
regulations being implemented.
Under the new law any state agency seeking to implement a regulation
must provide to the IRRC a sufficient description of any data upon which
the regulation is based as well as a detailed explanation of how the
data was obtained and why the data is acceptable.
"Regulations have a wide, lasting impact, and government agencies
should be required to demonstrate that the regulation is based upon
empirical, replicable and testable information," Senator Erickson said.
"Reasonable regulations are a part of governing, but the data driving
them needs to be clear and verifiable. That's the best way to prevent
overregulation that stifles job growth and places an unnecessary burden
on citizens."
Contact:
Tom Golden
(610) 853-4100
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