                                 CODE OF VIRGINIA

CONSENT FOR TESTING FOR HUMAN IMMUNODEFICIENCY VIRUS; CONDITION ON DISCLOSURE OF
TEST RESULTS; COUNSELING REQUIRED; EXCEPTIONS (§ 32.1-37.2)

A. 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&#8217;s medical file.

B. 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.

C. 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.

D. 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&#8217; 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.

HISTORY: 1989, c. 613; 2008, c. 641.