2006 Code of Virginia § 32.1-37.2 - Informed consent for testing for human immunodeficiency virus; condition on disclosure of test resu...

32.1-37.2. Informed consent for testing for human immunodeficiency virus;condition on disclosure of test results; counseling required; exceptions.

A. Prior to performing any test to determine infection with humanimmunodeficiency virus, the subject of the test shall be given an oral orwritten explanation of the meaning of the test. Except as otherwiseauthorized in this Code, informed consent shall be obtained before such atest is performed.

Informed consent for testing for infection with human immunodeficiency virusshall be deemed to have been obtained (i) when an individual seeks theservices of a facility offering anonymous testing for infection with humanimmunodeficiency virus; (ii) when blood specimens which were obtained forroutine diagnostic purposes are tested in order to conduct seroprevalencestudies of infection with human immunodeficiency virus if such studies aredesigned to prevent any specimen from being identified with any specificindividual; and (iii) when an individual donates or sells his blood.

B. Every person who is the subject of any test to determine infection forhuman immunodeficiency 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 informed consent, the method ofdisclosure of the test results and any counseling requirements shall be asset forth in the regulations of the State Corporation Commission.

(1989, c. 613.)