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HIV Testing Laws


Many states have laws in the area of HIV testing that may impede testing efforts, encourage discrimination, or are not based on current medical science or public health models.
AAHIVM supports continued efforts to promote the policy recommendations in the area of HIV testing endorsed by the Centers for Disease Control and Prevention. We encourage working with public health officials and lawmakers in these states to further promote CDC testing efforts.
In 2006, the Centers for Disease Control and Prevention (CDC) issued the Revised Recommendations for HIV Testing of Adults, Adolescents, and Pregnant Women in Health-Care Settings which endorsed making HIV testing a part of routine medical care for people ages 13 to 64 in all healthcare settings, and for all pregnant women.
The CDC recommended the following policies regarding  routine HIV screening for all patients ages 13-64 in all health-care settings:
  • HIV screening is recommended after the patient is notified that testing will be performed unless the patient declines (opt-out screening)
  • Separate written consent for HIV testing should not be required; general consent for medical care should be considered sufficient to encompass consent for HIV testing.
  • Prevention counseling should not be required with HIV diagnostic testing or as part of HIV screening programs in health-care settings.
Following the release of the 2006 Revised Recommendations, most states changed amended, or added state laws to come into alignment with the CDC’s recommendations on counseling and consent procedures for HIV testing.  
Additional Information:
The National Clinicians Consulatation Center publishes a Compendium on State HIV Testing Laws that details HIV testing laws in each state.