Sec. 1. 5 MRSA §19201, sub-§2-A is enacted to read:

2-A.__Health care setting.__"Health care setting" means any location where there is provision of preventive, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, services, procedures or counseling, including appropriate assistance with disease or symptom management and maintenance that affects an individual's physical, mental or behavioral condition, including the process of banking blood, sperm, organs or any other tissue.

Sec. 2. 5 MRSA §19203-A, sub-§4-A is enacted to read:

4-A.__Occupational exposure in health care setting.__When an occupational exposure occurs in a health care setting, authorization to test the source patient for HIV must be obtained from that patient if the patient is available at the time of exposure and capable of providing consent.__At the time of exposure, if the source patient is unavailable or unable to provide authorization, then any available member of the following classes of individuals, in descending order of priority, may authorize an HIV test on an available blood or tissue sample from the source patient:

A.__The patient's legal guardian;

B.__An individual known to have power of attorney for health care for the patient;

C.__An adult relative, by blood, marriage or adoption;

D.__Another adult with whom the patient has a meaningful social and emotional relationship; and

E.__A physician who is familiar with occupational exposures to HIV.

The individual authorizing the HIV test must be informed of the nature, reliability and significance of the HIV test and the confidential nature of the test.

The patient may choose not to be informed about the result of the HIV test.__Without express patient authorization, the results of the HIV test and the fact that an HIV test was done as a result of an occupational exposure in a health care setting may not appear in the patient's health care records.__The exposed individual's health care record may include documentation of the occupational exposure and, if the record does not reveal the