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FOR IMMEDIATE
RELEASE 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 |
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