HIV/Hepatitis testing; parental consent for minors. (HB1213)

Introduced By

Del. Ken Melvin (D-Portsmouth)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


HIV/Hepatitis testing; consent for minors. Makes the process for HIV and hepatitis testing when someone other than a school board member is exposed to the minor's bodily fluids consistent with the process for that of exposure of school board members. Requires consent from the minor's parents, and, if consent is refused, the bill requires such a person to petition the juvenile and domestic relations district court where the minor resides or resided, rather than the general district court, for an order requiring such testing. Recommendation of the Committee on District Courts. Read the Bill »


Bill Has Passed


01/09/2008Prefiled and ordered printed; offered 01/09/08 084045866
01/09/2008Referred to Committee on Health, Welfare and Institutions
01/24/2008Reported from Health, Welfare and Institutions (22-Y 0-N) (see vote tally)
01/25/2008Read first time
01/28/2008Read second time and engrossed
01/29/2008Read third time and passed House BLOCK VOTE (98-Y 0-N)
01/29/2008VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
01/29/2008Communicated to Senate
01/30/2008Constitutional reading dispensed
01/30/2008Referred to Committee on Education and Health
02/14/2008Reported from Education and Health with amendments (15-Y 0-N)
02/15/2008Constitutional reading dispensed (38-Y 1-N)
02/18/2008Read third time
02/18/2008Reading of amendments waived
02/18/2008Committee amendments agreed to
02/18/2008Engrossed by Senate as amended
02/18/2008Passed Senate with amendments (40-Y 0-N)
02/19/2008Placed on Calendar
02/20/2008Senate amendments agreed to by House (97-Y 0-N)
02/20/2008VOTE: --- ADOPTION (97-Y 0-N)
02/21/2008Bill text as passed House and Senate (HB1213ER)
02/21/2008Signed by Speaker
02/25/2008Signed by President
03/03/2008G Approved by Governor-Chapter 190 (effective 7/1/08)
03/03/2008G Approved by Governor-Chapter 191 (effective 7/1/08)
03/05/2008G Acts of Assembly Chapter text (CHAP0191)

Duplicate Bills

The following bills are identical to this one: SB227.


Alison Hymes writes:

Why would anyone want to do anything that might discourage teenagers at risk from being tested for HIV? If teens don't get tested out of reasonable fear that their parents will punish them for being sexually active, those who are HIV positive won't get treatment and won't know they are positive and may spread HIV to others unknowingly. Do parents' desires to know trump public health and even the life of their children and those their children may have sex with?

Stephanie Cosby writes:

A paper I wrote on this topic.
My opinion is very clear within the exposition.

Mentioning HIV is a surefire way to make a conversation tense. Mentioning HIV testing for minors makes it worse. Mentioning HIV testing for minors and the question of parental consent makes it controversial. Where do we draw the line? The House Bill 1213 calls for minors to have parental consent in order to be tested for HIV and as of Monday February 25th, it became law.
Human immunodeficiency virus, or HIV, is, internationally, one of the most destructive pandemics ever recorded. As many know, HIV leads to acquired immunodeficiency syndrome, or AIDS. HIV may be transmitted in three ways: mother to child, blood to blood, or sexual transmission. With this stated, one may easily come to conclusions that the majority of teens desiring HIV testing are sexually active and are seeking alleviation to paranoia or suspicions. Denying these teenagers their right to receive blood work for a fatal disease without parental consent is counterproductive to the original intent of seizing the spread of HIV.
Fact: most teenagers do not share the status of their sexual activity with their parents. Partaking in sexual activity, among other things, is a self asserting act of independence and maturity; sentiments many teens feel their parents, whether intentional or not, stifle. Giving these young adults no other alternative to receiving testing will inherently repress the number of HIV tests within their age range. The popular choice will be to wait until 18 is obtained- and in the meantime be burdened with paranoia and furthermore, possibly even spreading the disease to others due to ignorance.
Several individuals who are HIV positive aren’t even aware. Now, with House Bill 1213, even more will be. Because there is no vaccine available for the virus, the greatest method of prevention is avoiding exposure. How are teenagers going to avoid exposure if they can’t even know their own health status without bringing their parents or guardians into the picture? Teens have a right to know and they will be even more discouraged to receive testing if they are forced to tell their parents. In effect, the health of the public is at a greater risk than before. Is the risk of general health and the lives of teens one of which congress, or even the parents are willing to take just to know whether a teen is sexually active or not? Where is the line of morality? The creation of this law will not increase abstinence, it will increase fatalities.