.06 Consent and Pretest Requirements for HIV Testing by Health Care Providers.

A. General medical consent is:

(1) Required to be obtained only once during a patientís visit; and

(2) Sufficient to perform HIV testing.

B. Before performing HIV testing, a health care provider who has received consent as described in §A of this regulation shall:

(1) Inform the individual verbally or in writing that HIV testing will be performed unless the individual refuses; and

(2) Document all declinations of an HIV test in the medical record of the patient.

C. The general informed consent for medical care may specify that an HIV test will be performed.

D. Except as provided under Regulation .07 of this chapter, a health care provider may not be required to obtain consent for HIV testing on a separate consent form.

E. Pretest information shall be provided to the patient to be tested for HIV before each specimen is tested.

F. A health care provider providing pretest information shall:

(1) Provide HIV-specific information:

(a) Verbally;

(b) In writing;

(c) By video; or

(d) By any combination of §F(1)(a)—(c) of this regulation;

(2) Provide HIV information in a manner that protects the confidentiality of the patient being tested;

(3) Using laymanís terms, provide, at minimum, the following information to the patient being tested:

(a) That the patient is being tested for HIV;

(b) That the patient has the right to:

(i) Ask questions; or

(ii) Decline the test without penalty;

(c) An explanation of HIV infection;

(d) That a negative HIV test result means that:

(i) A patient is not infected with HIV or that the test was unable to detect the presence of HIV because a patient is in the early stage of infection and has not yet developed detectable evidence of HIV infection; and

(ii) If the patient has had any potential recent exposures, the patient should be retested within an appropriate time frame based on the type of testing used; and

(e) That a positive HIV test result means the patient:

(i) Is infected with HIV; and

(ii) Will be linked with medical treatment and other supportive services;

(4) Include an opportunity for the individual being tested to:

(a) Ask questions about HIV infection and other topics described in this regulation and have those questions answered; and

(b) Decline HIV testing; and

(5) Make necessary accommodation with respect to language or disability to ensure that the patient being tested understands the information presented.