GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 1416
     

 
Short Title:	Study HIV Risk/Treat-Rape Victim/Health Worker.	()	
Sponsors:	Representative Daughtry.	
Referred to:	Rules, Calendar, and Operations of the House.	
April 26, 2001

A BILL TO BE ENTITLED
AN ACT TO establish a legislative study commission To study the laws and public policies regarding the treatment of rape victims and health care workers who risk HIV infection.

The General Assembly of North Carolina enacts:
SECTION 1.(a) There is created the Legislative Study Commission on the Treatment of Rape Victims and Health Care Workers Who Risk HIV Infection.  The purpose of the Commission is to review State law and public policy pertaining to the treatment of rape victims and needle stick health care workers who risk HIV infection.
SECTION 1.(b) The Commission shall consist of 15 members, seven appointed by the Speaker of the House of Representatives, four of whom are members of the House of Representatives; seven appointed by the President Pro Tempore of the Senate, four of whom are members of the Senate; and the Secretary of Health and Human Services, or her designee.  The public members appointed by the Speaker and the President Pro Tempore shall be as follows:  one shall be a member of the North Carolina Victims Assistance Network, one shall be a member of the medical community who has expertise in infectious diseases, one shall be a representative of the pharmaceutical industry, one shall be a member of the North Carolina Bar Association, and two shall be members of the general public.  The Speaker shall designate one representative as cochair and the President Pro Tempore shall designate one senator as cochair.  Vacancies on the Commission shall be filled by the same appointing authority as made the initial appointment.  The Commission shall expire upon delivering its final report.
The Commission, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120‑19 and G.S. 120‑19.1 through G.S. 120‑19.4. The Commission may meet at any time upon the joint call of the cochairs. The Commission may meet in the Legislative Building or the Legislative Office Building. The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120‑32.02.
The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Commission in its work. The House of Representatives' and the Senate's Supervisors of Clerks shall assign clerical staff to the Commission, and the expenses relating to the clerical employees shall be borne by the Commission. Members of the Commission shall receive subsistence and travel expenses at the rates set forth in G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate.
SECTION 1.(c) In conducting the study, the Commission shall consider the following:
(1)	The issues that must be considered by a person exposed to HIV in determining whether to take the medical "cocktail" used as a first measure to combat any exposure to the virus.
(2)	How the timing of receiving the drug treatment as quickly as possible after exposure to the virus is critical and impacts on the effectiveness of the drug treatment.
(3)	The side effects of the drugs treatment used to treat HIV.
(4)	The effects that a drug treatment may have on a pregnancy.
(5)	Whether the treatment of HIV is uniform in all medical facilities across the State. 
(6)	The counseling services offered to victims who risk HIV infection.
(7)	The insurance coverage for this type of medical treatment.
(8)	Current laws and policies relating to the criminal procedural issues and practices that apply in these situations and whether those should be amended.
(9)	Any other issues relevant to this study.
SECTION 2.  The Legislative Study Commission on the Treatment of Rape Victims and Health Care Workers Who Risk HIV Infection may make an interim report to the 2001 General Assembly not later than the convening of the 2002 Regular Session of the 2001 General Assembly, and shall make its final report to the 2003 General Assembly upon its convening.
SECTION 3.  All State departments and agencies and local governments and their subdivisions shall furnish the Commission with any information in their possession or available to them.
SECTION 4.  There is appropriated from the General Fund to the General Assembly the sum of thirty thousand dollars ($30,000) for the 2001‑2002 fiscal year and the sum of thirty thousand dollars ($30,000) for the 2002‑2003 fiscal year to carry out the purposes of this act.
SECTION 5.  This act is effective when it becomes law.