Legislation that incorporates HIV testing into routine medical care was signed into law by Gov. Tom Corbett on July 7, 2011.
Act 59 (formerly SB 260), introduced by Sen. Ted Erickson (R-Delaware), will update state law so it is consistent with the Centers for Disease Control and Prevention (CDC) recommendations that everyone between the ages of 13 and 64 should be tested for HIV as part of routine care. Although the CDC updated its guidelines in 2006, Pennsylvania law still requires a separate signed consent for HIV testing in conjunction with pre- and post-test counseling.
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.
Written “opt out” consent will still be required for those individuals who do not wish to be tested for HIV. Those who do not oppose HIV screening as part of their routine care will no longer required to sign a consent for such screening, nor will the physician be required to provide pre-test counseling.
There are some
post-test counseling requirements in the new law, so physicians should familiarize themselves with the legislation before initiating the streamlined process.
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. In fact, according to the CDC, perinatal transmissions account for 91 percent of all AIDS cases among children in the United States. Antiretroviral therapy during pregnancy can reduce the transmission rate to 2 percent or less. The transmission rate is 25 percent without treatment.
SB 260 previously passed the House on June 29, 2011, by a vote of 177-24
It was unanimously passed by the Senate in April and received a
concurrence vote on a House-added amendment in the Senate on June 30,
2011.
The Pennsylvania Medical Society has long supported this legislation and applauds the representatives and senators who voted in favor of this bill.