I forget…what did that email say? oh yeah, its at

HIV testing no longer requires written consent

And patients who are sources in needlestick cases who cannot consent, in some cases can be tested without consent. See the document link below.

August 11, 2010
TO: (New York State)
Chief Operating Officers
Medical Directors
Emergency Medicine Chairs
Emergency Department Administrators
Legal Affairs Committee

FROM: Susan C. Waltman, Executive Vice President and General Counsel

RE: Enactment of Bill to Promote HIV Testing

On July 30, 2010, Governor David Paterson signed into law S.8227/A.11487, which allows patients to agree to HIV testing as part of a general signed consent to medical care that remains in effect until it is revoked or expires. The law also requires health care providers, including hospitals and emergency departments, to offer testing to all patients between 13 and 64 years of age, as recommended by the Federal Centers for Disease Control and Prevention (CDC), and facilitates authorization for testing in the case of certain occupational exposures to HIV infection. The new law takes effect September 1, 2010, but authorizes the New York State Commissioner of Health to adopt regulations necessary to implement the law prior to that date.

The law will require a number of operational changes within health settings, including: hospital inpatient areas, emergency departments, outpatient departments, as well as other primary care settings. To assist its members, GNYHA is working with the New York State Department of Health (DOH) to identify and address the barriers and burdens that these requirements will create for providers. GNYHA will keep you apprised of its progress on these efforts.
The law aims to increase HIV/AIDS testing rates so that individuals who are HIV-positive can seek treatment earlier and reduce transmission of the disease to others. The law, therefore, updates New York State’s laws to encourage such testing and to reflect medical technologies and advances.

Overview of Law

The following provides a summary of the main features of the law:

Testing – Requires that an HIV-related test be offered to every individual between 13 and 64 years of age (or younger/older if there is evidence of risk activity) receiving health services as an inpatient or in the emergency department of a hospital or receiving primary care services in the outpatient department of a hospital or freestanding diagnostic treatment center or from a physician, physician assistant, nurse practitioner, or midwife providing primary care. Such offering must be “culturally and linguistically appropriate.”

Consent to Testing – Authorizes HIV-related testing to be part of a signed general consent to medical care or documented oral consent when the test being ordered is a “rapid HIV test.” Such consents would be durable and remain in effect until they are revoked or expire. Patients must be provided an opportunity to decline HIV testing, and testing may only be done with full patient consent after the patient is provided with pre-test counseling information. In all instances, a physician must provide oral notification to the patient whenever an HIV test is performed and the notification must be noted in the patient’s medical record.

Occupational Exposures – In situations involving occupational exposures that create a significant risk of someone contracting or transmitting HIV infection, HIV testing will be allowed in cases where: (1) the source person is deceased, comatose, or unable to provide consent, and his or her health care provider determines that mental capacity to consent is not expected to be regained in time for the exposed person to receive appropriate medical care, as determined by the exposed person’s health care provider; (2) an authorized representative for the source person is not available or expected to become available in time for the exposed person to provide appropriate medical care; and (3) the exposed person would benefit medically by knowing the source person’s HIV test results.

HIV Counseling – Require that HIV counseling messages be tailored based upon whether the HIV test indicates infection. Required positive test counseling remains consistent with existent law, but positive test counseling will now require the person ordering the test to provide or arrange for follow-up medical care if the patient consents. In cases with negative test results, counseling can be accomplished via oral or written reference to information previously provided but must emphasize the risks associated with high-risk behaviors.
Consent Forms – Designates the informed consent forms for HIV-related testing and disclosure that the Commissioner must develop as “standardized model” forms and removes the requirement that providers obtain prior authorization for the use of alternative consent and release forms, provided that the forms contain information consistent with the standardized model forms.

A copy of the new law is attached. If you have any questions regarding the new law, please contact Maria Woods at (212) 259-0767 or


Written by reuben

August 30th, 2011 at 5:19 am

Posted in HIV,Needlestick

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