141A.6 - HIV-RELATED CONDITIONS -- CONSENT, TESTING, AND REPORTING -- PENALTY.
141A.6 HIV-RELATED CONDITIONS -- CONSENT, TESTING,
AND REPORTING -- PENALTY.
1. Prior to undergoing an HIV-related test, information shall be
available to the subject of the test concerning testing and any means
of obtaining additional information regarding HIV infection and risk
reduction. If an individual signs a general consent form for the
performance of medical tests or procedures, the signing of an
additional consent form for the specific purpose of consenting to an
HIV-related test is not required during the time in which the general
consent form is in effect. If an individual has not signed a general
consent form for the performance of medical tests and procedures or
the consent form is no longer in effect, a health care provider shall
obtain oral or written consent prior to performing an HIV-related
test. If an individual is unable to provide consent, the
individual's legal guardian may provide consent. If the individual's
legal guardian cannot be located or is unavailable, a health care
provider may authorize the test when the test results are necessary
for diagnostic purposes to provide appropriate urgent medical care.
2. Within seven days of the receipt of a test result indicating
HIV infection which has been confirmed as positive according to
prevailing medical technology or immediately after the initial
examination or treatment of an individual infected with HIV, the
physician or other health care provider at whose request the test was
performed or who performed the initial examination or treatment shall
make a report to the department on a form provided by the department.
3. Within seven days of diagnosing a person as having AIDS or an
AIDS-related condition, the diagnosing physician shall make a report
to the department on a form provided by the department.
4. Within seven days of the death of a person with HIV infection,
the attending physician shall make a report to the department on a
form provided by the department.
5. Within seven days of the receipt of a test result indicating
HIV infection which has been confirmed as positive according to
prevailing medical technology, the director of a blood bank shall
make a report to the department on a form provided by the department.
6. Within seven days of the receipt of a test result that is
indicative of HIV, the director of a clinical laboratory shall make a
report to the department on a form provided by the department.
7. The forms provided by the department shall require inclusion
of all of the following information:
a. The name of the patient.
b. The address of the patient.
c. The patient's date of birth.
d. The gender of the patient.
e. The race and ethnicity of the patient.
f. The patient's marital status.
g. The patient's telephone number.
h. If an HIV-related test was performed, the name and address
of the laboratory or blood bank.
i. If an HIV-related test was performed, the date the test
was found to be positive and the collection date.
j. If an HIV-related test was performed, the name of the
physician or health care provider who performed the test.
k. If the patient is female, whether the patient is pregnant.
8. An individual who repeatedly fails to file the report required
under this section is subject to a report being made to the licensing
board governing the professional activities of the individual. The
department shall notify the individual each time the department
determines that the individual has failed to file a required report.
The department shall inform the individual in the notification that
the individual may provide information to the department to explain
or dispute the failure to report.
9. A public, private, or hospital clinical laboratory that
repeatedly fails to make the report required under this section is
subject to a civil penalty of not more than one thousand dollars per
occurrence. The department shall not impose the penalty under this
subsection without prior written notice and opportunity for hearing.
Section History: Recent Form
99 Acts, ch 181, §10; 2000 Acts, ch 1066, §39; 2000 Acts, ch 1140,
§26; 2007 Acts, ch 70, §7
Referred to in § 141A.7, 141A.8