§ 32.1-37.2. Consent for testing for human immunodeficiency virus; conditionon disclosure of test results; counseling required; exceptions.
A. Prior to performing any test to determine infection with humanimmunodeficiency virus, a medical care provider shall inform the patient thatthe test is planned, provide information about the test, and advise thepatient that he has the right to decline the test. If a patient declines thetest, the medical care provider shall note that fact in the patient's medicalfile.
B. Every person who has a confirmed positive test result for humanimmunodeficiency virus shall be afforded the opportunity for individualface-to-face disclosure of the test results and appropriate counseling.Appropriate counseling shall include, but not be limited to, the meaning ofthe test results, the need for additional testing, the etiology, preventionand effects of acquired immunodeficiency syndrome, the availability ofappropriate health care, mental health care and social services, the need tonotify any person who may have been exposed to the virus and the availabilityof assistance through the Department of Health in notifying such individuals.
C. Opportunity for face-to-face disclosure of the test results andappropriate counseling shall not be required when the tests are conducted byblood collection agencies. However, all blood collection agencies shallnotify the Board of Health of any positive tests.
D. In the case of a person applying for accident and sickness or lifeinsurance who is the subject of a test to determine infection for humanimmunodeficiency virus, insurers' practices including an explanation of themeaning of the test, the manner of obtaining consent, the method ofdisclosure of the test results and any counseling requirements shall be asset forth in the regulations of the State Corporation Commission.
§ 32.1-37.2. Consent for testing for human immunodeficiency virus; conditionon disclosure of test results; counseling required; exceptions.
A. Prior to performing any test to determine infection with humanimmunodeficiency virus, a medical care provider shall inform the patient thatthe test is planned, provide information about the test, and advise thepatient that he has the right to decline the test. If a patient declines thetest, the medical care provider shall note that fact in the patient's medicalfile.
B. Every person who has a confirmed positive test result for humanimmunodeficiency virus shall be afforded the opportunity for individualface-to-face disclosure of the test results and appropriate counseling.Appropriate counseling shall include, but not be limited to, the meaning ofthe test results, the need for additional testing, the etiology, preventionand effects of acquired immunodeficiency syndrome, the availability ofappropriate health care, mental health care and social services, the need tonotify any person who may have been exposed to the virus and the availabilityof assistance through the Department of Health in notifying such individuals.
C. Opportunity for face-to-face disclosure of the test results andappropriate counseling shall not be required when the tests are conducted byblood collection agencies. However, all blood collection agencies shallnotify the Board of Health of any positive tests.
D. In the case of a person applying for accident and sickness or lifeinsurance who is the subject of a test to determine infection for humanimmunodeficiency virus, insurers' practices including an explanation of themeaning of the test, the manner of obtaining consent, the method ofdisclosure of the test results and any counseling requirements shall be asset forth in the regulations of the State Corporation Commission.
§ 32.1-37.2. Consent for testing for human immunodeficiency virus; conditionon disclosure of test results; counseling required; exceptions.
A. Prior to performing any test to determine infection with humanimmunodeficiency virus, a medical care provider shall inform the patient thatthe test is planned, provide information about the test, and advise thepatient that he has the right to decline the test. If a patient declines thetest, the medical care provider shall note that fact in the patient's medicalfile.
B. Every person who has a confirmed positive test result for humanimmunodeficiency virus shall be afforded the opportunity for individualface-to-face disclosure of the test results and appropriate counseling.Appropriate counseling shall include, but not be limited to, the meaning ofthe test results, the need for additional testing, the etiology, preventionand effects of acquired immunodeficiency syndrome, the availability ofappropriate health care, mental health care and social services, the need tonotify any person who may have been exposed to the virus and the availabilityof assistance through the Department of Health in notifying such individuals.
C. Opportunity for face-to-face disclosure of the test results andappropriate counseling shall not be required when the tests are conducted byblood collection agencies. However, all blood collection agencies shallnotify the Board of Health of any positive tests.
D. In the case of a person applying for accident and sickness or lifeinsurance who is the subject of a test to determine infection for humanimmunodeficiency virus, insurers' practices including an explanation of themeaning of the test, the manner of obtaining consent, the method ofdisclosure of the test results and any counseling requirements shall be asset forth in the regulations of the State Corporation Commission.
