Act 59, which goes into effect Sept. 5, 2011, will update state HIV law so it is consistent with the Centers for Disease Control and Prevention recommendations. Under the new law, physicians may offer opt-out HIV testing, as long as the patient is informed that they will be tested for HIV, unless the patient refuses. Physicians must document the provision of informed consent, including pre-test information, and whether the patient declined the offer of HIV-testing.
There are some post-test counseling requirements contained in the new law that physicians should be familiar with before initiating the streamlined process.
When delivering an HIV-positive test result, Act 59 states that physicians must give patients the immediate opportunity for individual, face to face counseling about:
- The significance of the test results
- Measures for the prevention of the transmission of HIV
- The benefits of locating and counseling anyone by whom the patient may have been exposed to HIV and the availability of any services related to locating and counseling those individuals
- The availability of any appropriate health care services, including mental health care and social and support services
- The benefits of locating and counseling anyone who the infected patient may have exposed to HIV and the availability of any services related to locating and counseling those individuals
This legislation is all about early detection, education, and treatment. Of course, it is also about stopping the spread of a communicable and treatable disease.