Florida Statute 384.31 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 384
SEXUALLY TRANSMISSIBLE DISEASES

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F.S. 384.31

384.31 Testing of pregnant women; duty of the attendant.—Every person, including every physician licensed under chapter 458 or chapter 459 or midwife licensed under part I of chapter 464 or chapter 467, attending a pregnant woman for conditions relating to pregnancy during the period of gestation and delivery shall cause the woman to be tested for sexually transmissible diseases, including HIV, as specified by department rule. Testing shall be performed by a laboratory appropriately certified by the Centers for Medicare and Medicaid Services under the federal Clinical Laboratory Improvement Amendments and the federal rules adopted thereunder for such purposes. The woman shall be informed of the tests that will be conducted and of her right to refuse testing. If a woman objects to testing, a written statement of objection, signed by the woman, shall be placed in the woman’s medical record and no testing shall occur.

History.—s. 90, ch. 86-220; s. 3, ch. 96-179; s. 91, ch. 2000-318; s. 3, ch. 2005-169; s. 20, ch. 2018-24.

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Amendments to 384.31

Arrestable Offenses / Crimes under Fla. Stat. 384.31

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 384.31.

Annotations, Discussions, Cases:

Cases Citing Statute 384.31

Total Results: 2

State v. Debaun

Court: District Court of Appeal of Florida | Date Filed: 2013-10-30

Citation: 129 So. 3d 1089, 2013 WL 5814005, 2013 Fla. App. LEXIS 17224

Snippet: section 384.22 entitled "Findings; intent;” section 384.31 entitled "Serological testing of pregnant women;

Florida East Coast Railway Co. v. Peters

Court: Supreme Court of Florida | Date Filed: 1916-11-21

Citation: 72 Fla. 311, 73 So. 151

Snippet: 451. Also see Andrew’s Stephen on Pleading page 384; 31 Cyc. 215; Spencer v. Southwick, 9 John (N. Y.)