Removal of Special Consent for HIV Testing

 
Update on HIV Test Procedure Policy Changes

Oregon Administrative Rules (OAR's) have been revised to align with Senate Bill 1507, passed in February, 2012.  These policy changes allow health care providers to obtain consent for HIV testing in a manner similar to that used for other common tests.  For more information, please review the OAR Revision (pdf).

 
Recommended HIV Test Procedures

Healthcare agencies are encouraged to insert language in their general medical consent form stating:

          1)  Consent for medical care includes consent for HIV testing unless declined.

          2)  Patients wishing to decline HIV testing must inform the healthcare provider of this decision.

As with other screening tests, providers are encouraged to also notify patients verbally of their intent to perform an HIV test and offer an opportunity to decline.  However, verbal notification is not required if notification was contained in a general medical consent.

HIV testing guidance for local health departments is being developed and will be posted soon.

 
Background

Previously, Oregon statute required health care providers to conduct a special informed consent before voluntary HIV testing of patients. Senate Bill 1507, passed in February 2012, removed this requirement and substituted a requirement that patients be notified that HIV testing is intended and given an opportunity to decline. This notification and opportunity to decline testing may be verbal or in writing and may be contained in a general medical consent.

SB 1507 does not affect current statute strictly protecting the confidentiality of HIV diagnoses. Nor does the bill permit collection of specimens for HIV testing without patient knowledge or permission.

Proposed OAR revisions were developed with input from local health department staff. OHA solicited public comment on the proposed revisions at a public hearing held January 16 at the Portland State Office Building. Information about the hearing and the proposed OAR revisions were posted on the OHA website prior to the hearing date.

 
*Revised February 2013