{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-37.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-37.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-37.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-37.2.html"}],"law_id":67194,"edition_id":1,"section_id":67194,"structure_id":13608,"section_number":"32.1-37.2","catch_line":"Consent for testing for human immunodeficiency virus; condition on disclosure of test results; counseling required; exceptions","history":"1989, c. 613; 2008, c. 641.","full_text":"A\n\nPrior to performing any test to determine infection with human immunodeficiency virus, a medical care provider shall inform the patient that the test is planned, provide information about the test, and advise the patient that he has the right to decline the test. If a patient declines the test, the medical care provider shall note that fact in the patient’s medical file.B\n\nEvery person who has a confirmed positive test result for human immunodeficiency virus shall be afforded the opportunity for individual face-to-face disclosure of the test results and appropriate counseling. Appropriate counseling shall include, but not be limited to, the meaning of the test results, the need for additional testing, the etiology, prevention and effects of acquired immunodeficiency syndrome, the availability of appropriate health care, mental health care and social services, the need to notify any person who may have been exposed to the virus and the availability of assistance through the Department of Health in notifying such individuals.C\n\nOpportunity for face-to-face disclosure of the test results and appropriate counseling shall not be required when the tests are conducted by blood collection agencies. However, all blood collection agencies shall notify the Board of Health of any positive tests.D\n\nIn the case of a person applying for accident and sickness or life insurance who is the subject of a test to determine infection for human immunodeficiency virus, insurers’ practices including an explanation of the meaning of the test, the manner of obtaining consent, the method of disclosure of the test results and any counseling requirements shall be as set forth in the regulations of the State Corporation Commission.","order_by":null,"text":{"0":{"id":243583,"text":"Prior to performing any test to determine infection with human immunodeficiency virus, a medical care provider shall inform the patient that the test is planned, provide information about the test, and advise the patient that he has the right to decline the test. If a patient declines the test, the medical care provider shall note that fact in the patient’s medical file.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":243584,"text":"Every person who has a confirmed positive test result for human immunodeficiency virus shall be afforded the opportunity for individual face-to-face disclosure of the test results and appropriate counseling. Appropriate counseling shall include, but not be limited to, the meaning of the test results, the need for additional testing, the etiology, prevention and effects of acquired immunodeficiency syndrome, the availability of appropriate health care, mental health care and social services, the need to notify any person who may have been exposed to the virus and the availability of assistance through the Department of Health in notifying such individuals.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":243585,"text":"Opportunity for face-to-face disclosure of the test results and appropriate counseling shall not be required when the tests are conducted by blood collection agencies. However, all blood collection agencies shall notify the Board of Health of any positive tests.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":243586,"text":"In the case of a person applying for accident and sickness or life insurance who is the subject of a test to determine infection for human immunodeficiency virus, insurers’ practices including an explanation of the meaning of the test, the manner of obtaining consent, the method of disclosure of the test results and any counseling requirements shall be as set forth in the regulations of the State Corporation Commission.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13608,"edition_id":1,"name":"Reporting of Diseases","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13607,"metadata":{},"date_created":"2026-06-26 03:45:22","date_modified":"2026-06-26 03:45:22","permalink":{"id":201745,"object_type":"structure","relational_id":13608,"identifier":"1","token":"32.1\/2\/1","url":"\/32.1\/2\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13607,"edition_id":1,"name":"Disease Prevention and Control","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:22","date_modified":"2026-06-26 03:45:22","permalink":{"id":201743,"object_type":"structure","relational_id":13607,"identifier":"2","token":"32.1\/2","url":"\/32.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74231,"structure_id":13608,"section_number":"32.1-35","catch_line":"List and reports of diseases and dangerous microbes and pathogens","url":"\/32.1-35\/","token":"32.1\/2\/1\/32.1-35","metadata":false},{"id":66379,"structure_id":13608,"section_number":"32.1-35.1","catch_line":"Information on health care-associated infections","url":"\/32.1-35.1\/","token":"32.1\/2\/1\/32.1-35.1","metadata":false},{"id":60320,"structure_id":13608,"section_number":"32.1-36","catch_line":"Reports by physicians and laboratory directors","url":"\/32.1-36\/","token":"32.1\/2\/1\/32.1-36","metadata":false},{"id":54576,"structure_id":13608,"section_number":"32.1-36.1","catch_line":"Confidentiality of test for human immunodeficiency virus; civil penalty; individual action for damages or penalty","url":"\/32.1-36.1\/","token":"32.1\/2\/1\/32.1-36.1","metadata":false},{"id":70790,"structure_id":13608,"section_number":"32.1-37","catch_line":"Reports by persons other than physicians","url":"\/32.1-37\/","token":"32.1\/2\/1\/32.1-37","metadata":false},{"id":67340,"structure_id":13608,"section_number":"32.1-37.01","catch_line":"Posting of information about cases of communicable disease of public health threat","url":"\/32.1-37.01\/","token":"32.1\/2\/1\/32.1-37.01","metadata":false},{"id":54641,"structure_id":13608,"section_number":"32.1-37.1","catch_line":"Report of diseases infecting dead human bodies","url":"\/32.1-37.1\/","token":"32.1\/2\/1\/32.1-37.1","metadata":false},{"id":67194,"structure_id":13608,"section_number":"32.1-37.2","catch_line":"Consent for testing for human immunodeficiency virus; condition on disclosure of test results; counseling required; exceptions","url":"\/32.1-37.2\/","token":"32.1\/2\/1\/32.1-37.2","metadata":false},{"id":59891,"structure_id":13608,"section_number":"32.1-38","catch_line":"Immunity from liability","url":"\/32.1-38\/","token":"32.1\/2\/1\/32.1-38","metadata":false}],"previous_section":{"id":54641,"structure_id":13608,"section_number":"32.1-37.1","catch_line":"Report of diseases infecting dead human bodies","url":"\/32.1-37.1\/","token":"32.1\/2\/1\/32.1-37.1","metadata":false},"next_section":{"id":59891,"structure_id":13608,"section_number":"32.1-38","catch_line":"Immunity from liability","url":"\/32.1-38\/","token":"32.1\/2\/1\/32.1-38","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-37.2\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 613 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2008, chapter 641<\/a>.<\/p>","references":[{"id":68561,"section_number":"32.1-45.2","catch_line":"Public safety employees; testing for blood-borne pathogens; procedure available for certain citizens; definitions","order_by":null,"url":"\/32.1-45.2\/"},{"id":81381,"section_number":"54.1-2403.01","catch_line":"Routine component of prenatal care","order_by":null,"url":"\/54.1-2403.01\/"}],"refers_to":false,"permalink":{"id":201775,"object_type":"law","relational_id":67194,"identifier":"32.1-37.2","token":"32.1\/2\/1\/32.1-37.2","url":"\/32.1-37.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-37.2\/","token":"32.1\/2\/1\/32.1-37.2","dublin_core":{"Title":"Consent for testing for human immunodeficiency virus; condition on disclosure of test results; counseling required; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-37.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Prior to performing any test to determine infection with human immunodeficiency virus, a medical care provider shall inform the patient that the test is planned, provide information about the test, and advise the patient that he has the right to decline the test. If a patient declines the test, the medical care provider shall note that fact<\/span> in the patient’s medical file. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Every person<\/span> who has a confirmed positive test result for human immunodeficiency virus shall be afforded the opportunity for individual face-to-face disclosure of the test results and appropriate counseling. Appropriate counseling shall include, but not be limited to, the meaning of the test results, the need for additional testing, the etiology, prevention and effects of acquired immunodeficiency syndrome, the availability of appropriate health care, mental health care and social services, the need to notify any person<\/span> who may have been exposed to the virus and the availability of assistance through the Department<\/span> of Health in notifying such individuals. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Opportunity for face-to-face disclosure of the test results and appropriate counseling shall not be required when the tests are conducted by blood collection agencies. However, all blood collection agencies shall notify the Board<\/span> of Health of any positive tests. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In the case of a person<\/span> applying for accident and sickness or life insurance who is the subject of a test to determine infection for human immunodeficiency virus, insurers’ practices including an explanation of the meaning of the test, the manner of obtaining consent, the method of disclosure of the test results and any counseling requirements shall be as set forth in the regulations of the State Corporation Commission. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONSENT FOR TESTING FOR HUMAN IMMUNODEFICIENCY VIRUS; CONDITION ON DISCLOSURE OF\nTEST RESULTS; COUNSELING REQUIRED; EXCEPTIONS (\u00a7 32.1-37.2)\n\nA. Prior to performing any test to determine infection with human\nimmunodeficiency virus, a medical care provider shall inform the patient that\nthe test is planned, provide information about the test, and advise the patient\nthat he has the right to decline the test. If a patient declines the test, the\nmedical care provider shall note that fact in the patient’s medical file.\n\nB. Every person who has a confirmed positive test result for human\nimmunodeficiency virus shall be afforded the opportunity for individual\nface-to-face disclosure of the test results and appropriate counseling.\nAppropriate counseling shall include, but not be limited to, the meaning of the\ntest results, the need for additional testing, the etiology, prevention and\neffects of acquired immunodeficiency syndrome, the availability of appropriate\nhealth care, mental health care and social services, the need to notify any\nperson who may have been exposed to the virus and the availability of assistance\nthrough the Department of Health in notifying such individuals.\n\nC. Opportunity for face-to-face disclosure of the test results and appropriate\ncounseling shall not be required when the tests are conducted by blood\ncollection agencies. However, all blood collection agencies shall notify the\nBoard of Health of any positive tests.\n\nD. In the case of a person applying for accident and sickness or life insurance\nwho is the subject of a test to determine infection for human immunodeficiency\nvirus, insurers’ practices including an explanation of the meaning of the\ntest, the manner of obtaining consent, the method of disclosure of the test\nresults and any counseling requirements shall be as set forth in the regulations\nof the State Corporation Commission.\n\nHISTORY: 1989, c. 613; 2008, c. 641.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}