For Providers

In September 2008, the HIV consent law in Arizona was revised to make it easier for HIV testing to become a routine part of healthcare.  The new law contained in Arizona Revised Statute (ARS) 36-663 significantly streamlines the HIV testing by removing the following previous requirements:

 1.  A written consent form2.  Formal pre or post-test counseling 3.  Specific documentation of oral consent for HIV testing According to the new law health care providers must ensure the following:

  1. Patients should be presented with oral or written information that explains HIV infection and the meaning of a positive test. 
  2. Patients must also be given the opportunity to decline testing. 

 Written information can be locally created or adapted from other local or national HIV education resources.  MIHS has developed the following pamphlet to be used as written consent information.  (Link to pamphlet) In addition, an information pamphlet is available to educate and guide providers regarding the revised HIV testing process (Link to pamphlet) The statute language for HIV testing is provided below.

36-663. HIV-related testing; restrictions; exceptions  See forms below:

                          English Form                                                 Spanish Form

                                                                                                                

A. Except as otherwise specifically authorized or required by this state or by federal law, before an HIV-related test is ordered by a health care provider, the health care provider shall ensure that oral or written informed consent information is provided to the subject of the test who has capacity to consent or, if the subject lacks capacity to consent, of a person authorized pursuant to law to consent to health care for that person. For the purposes of this subsection, "informed consent information" means information that explains HIV infection and the meaning of a positive test result and that indicates that the patient may ask questions and decline testing.

http://www.azleg.state.az.us/ars/36/00663.htm

Questions related to HIV testing and the new law should be referred to the Arizona AIDS Education and Training Center.  Phone (520) 626-2696, Carol Galper, Principal Investigator (cgalper@u.arizona.edu)

(http://www.fcm.arizona.edu/index.cfm/1,173,0,0,html/Arizona-AIDS-Education-and-Training-Center

 

Last updated on May 3, 2010