141A.7 - TEST RESULTS -- COUNSELING -- APPLICATION FOR SERVICES.
141A.7 TEST RESULTS -- COUNSELING -- APPLICATION FOR
SERVICES.
1. At any time that the subject of an HIV-related test is
informed of confirmed positive test results, counseling concerning
the emotional and physical health effects shall be initiated.
Particular attention shall be given to explaining the need for the
precautions necessary to avoid transmitting the virus. The subject
shall be given information concerning additional counseling. If the
legal guardian of the subject of the test provides consent to the
test pursuant to section 141A.6, the provisions of this subsection
shall apply to the legal guardian.
2. Notwithstanding subsection 1, the provisions of this section
do not apply to any of the following:
a. The performance by a health care provider or health
facility of an HIV-related test when the health care provider or
health facility procures, processes, distributes, or uses a human
body part donated for a purpose specified under the revised uniform
anatomical gift Act as provided in chapter 142C, or semen provided
prior to July 1, 1988, for the purpose of artificial insemination, or
donations of blood, and such test is necessary to ensure medical
acceptability of such gift or semen for the purposes intended.
b. A person engaged in the business of insurance who is
subject to section 505.16.
c. The performance by a health care provider or health
facility of an HIV-related test when the subject of the test is
deceased and a documented significant exposure has occurred.
d. The performance by a health care provider or health
facility of an HIV-related test when the subject of the test is
unable to provide consent and the health care provider or health care
facility provides consent for the patient pursuant to section 141A.6.
3. A person may apply for voluntary treatment, contraceptive
services, or screening or treatment for HIV infection and other
sexually transmitted diseases directly to a licensed physician and
surgeon, an osteopathic physician and surgeon, or a family planning
clinic. Notwithstanding any other provision of law, however, a minor
shall be informed prior to testing that, upon confirmation according
to prevailing medical technology of a positive HIV-related test
result, the minor's legal guardian is required to be informed by the
testing facility. Testing facilities where minors are tested shall
have available a program to assist minors and legal guardians with
the notification process which emphasizes the need for family support
and assists in making available the resources necessary to accomplish
that goal. However, a testing facility which is precluded by federal
statute, regulation, or centers for disease control and prevention
guidelines from informing the legal guardian is exempt from the
notification requirement. The minor shall give written consent to
these procedures and to receive the services, screening, or
treatment. Such consent is not subject to later disaffirmance by
reason of minority. Section History: Recent Form
99 Acts, ch 181, §11; 2003 Acts, ch 108, §35; 2007 Acts, ch 44,
§25; 2007 Acts, ch 70, §8
Referred to in §141A.9, 915.43