[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3425 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3425

To amend title 38, United States Code, to require mandatory HIV testing 
of potential sources in the event of possible occupational exposure to 
       HIV in a Department of Veterans Affairs medical facility.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2005

 Mr. Tancredo introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to require mandatory HIV testing 
of potential sources in the event of possible occupational exposure to 
       HIV in a Department of Veterans Affairs medical facility.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Health Administration 
Employee Protection Act''.

SEC. 2. MANDATORY HIV TESTING OF POTENTIAL SOURCES IN THE EVENT OF 
              POSSIBLE OCCUPATIONAL EXPOSURE TO HIV IN A DEPARTMENT OF 
              VETERANS AFFAIRS MEDICAL FACILITY.

    (a) Mandatory Testing.--
            (1) In general.--Chapter 74 of title 38, United States 
        Code, is amended by adding at the end the following new 
        subchapter:

                    ``SUBCHAPTER VII--OTHER MATTERS

``Sec. 7481. Occupational exposures to HIV: mandatory testing of 
              potential sources
    ``(a) Testing Required.--Whenever an employee of the Department of 
Veterans Affairs incurs in an occupational setting a possible exposure 
to the human immunodeficiency virus, the Secretary shall test for that 
virus the person who is the source (or potential source) of the 
exposure.
    ``(b) Regulations.--The Secretary shall prescribe such regulations 
as required for purposes of this section. The Secretary may require in 
such regulations that consent to testing under subsection (a) shall 
be--
            ``(1) a condition of the receipt by any person of medical 
        care and services provided by the Department; and
            ``(2) a condition of employment of any person by the 
        Department.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following:
                    ``subchapter vii--other matters
``7481. Occupational exposures to HIV: mandatory testing of potential 
                            sources.''.
    (b) Effective Date.--Section 7481 of title 38, United States Code, 
as added by subsection (a), shall take effect on October 1, 2005.
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