| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 5 MRSA §19204-A, sub-§1, ¶B, as amended by PL 1995, c. 404, | | §15, is further amended to read: |
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| | B. A written memorandum | | the person being counseled summarizing the contents of the | | discussion concerning at least the topics listed in | paragraph A, subparagraphs (1) to (5) given to the person | being counseled | used to satisfy the requirement for a written memorandum | | this paragraph if it contains all the required information. | | A written consent form does not satisfy the requirement for | | personal counseling in paragraph A. |
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| | | Sec. 2. 5 MRSA §19204-A, sub-§2, ¶B, as amended by PL 1995, c. 404, | | §15, is further amended to read: |
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| | B. A written memorandum | | the person being counseled summarizing the contents of the | discussion given to the person being counseled |
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| | | Sec. 3. 5 MRSA §19204-A, sub-§5 is enacted to read: |
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| | | 5.__Written information to person being counseled.__To comply | | with the requirements of this section regarding pretest | | counseling, in addition to meeting the requirements of subsection | | 1, the provider of an HIV test shall give to the person being | | counseled a written document containing information on the | | subjects described in subsection 1, paragraph A.__To comply with | | the requirements of this section regarding post-test counseling, | | in addition to meeting the requirements of subsection 2, the | | provider of an HIV test shall give to the person being counseled | | a written document containing information on the subjects | | described in subsection 2, paragraph A.__A written consent form | | or other document may be used to meet one or both of the | | requirements for information pursuant to this subsection if the | | form or document contains all the information required for the | | type of counseling being offered. |
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| | | This bill changes the way a person documents the counseling | | provided to another person before or after an HIV test is | | administered. Current law requires a written memorandum that | | summarizes the contents of the discussion be given to the person | | tested. This bill requires that an entry in the person's medical | | record summarizing the discussion must be made. The bill also |
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