2018 Arkansas Code
Title 20 - Public Health and Welfare
Subtitle 2 - Health and Safety
Chapter 15 - Disease and Disease Prevention Generally
Subchapter 9 - Human Immunodeficiency Virus or Acquired Immunodeficiency Syndrome
§ 20-15-905. HIV Shield Law
(a) As used in this section:
(1) "Health care provider" means any physician, nurse, paramedic, or other person providing medical, nursing, or other health care services of any kind;
(2) "Health facility" means a hospital, nursing home, blood bank, blood center, sperm bank, or other health care institution;
(3) "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome (AIDS);
(4) "Person" includes any natural person, partnership, association, joint venture, trust, governmental entity, public or private corporation, health facility, or other legal entity; and
(5) "Test" or "HIV test" means a test to determine the presence of the antibody or antigen to HIV or of HIV infection.
(b)
(1) Consent is not required for a health care provider or health facility to perform a test when a health care provider or employee of a health facility is involved in a direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his or her medical judgment.
(2)
(A) The results of the test shall be provided by the person ordering the test to the affected health care provider or employee of a health facility, to the health care provider's or employee's physician, to the individual tested, and to the individual's physician.
(B) Appropriate counseling shall be provided along with the test results.
(c)
(1) Informed consent, information, and counseling are not required for the performance of an HIV test when, in the judgment of the physician, the testing is medically indicated to provide an appropriate diagnosis and treatment to the subject of the test, provided that the subject of the test has otherwise provided his or her consent to the physician for medical treatment.
(2) If confirmatory testing is positive for evidence of HIV infection, the patient shall be informed.
(d) Health care providers or facilities may not deny appropriate care based upon the results of an HIV test.
(e)
(1) Notwithstanding any other law to the contrary, no person who performs a test pursuant to subsection (b) or subsection (c) of this section shall be subject to civil or criminal liability for doing so.
(2) Notwithstanding any other law to the contrary, no person who discloses a test result in accordance with the provisions of subsection (b) of this section shall be subject to civil or criminal liability. However, nothing in this section shall be construed to limit the confidentiality for AIDS testing provided by § 20-15-901 or other provision of law unless testing is conducted pursuant to this section.
