§ 23-17-31.1 Human immunodeficiency virus (HIV) testing – Facilities for drug users. – (a) Every physician or health care provider attending any person for any service offered at a facility for injecting drug users, shall offer testing for human immunodeficiency virus (HIV). All testing pursuant to this section shall be performed in accordance with §§ 23-6-17 (confidentiality) and 23-6-18 (protection of records), except where federal confidentiality laws may supersede.
(b) Each person tested and counseled shall first be provided an "informed consent form" as provided by subsection 23-6-11(3), which he/she shall sign and date, and shall specifically be given the opportunity to decline or opt-out of the testing.
(c) In the event an individual consents to anonymous testing and tests positive for HIV, the HIV testing counselor shall discuss, with the client, options regarding referrals and reporting of this positive screening, including the necessity of accessing a physician.
(d) The department of health shall maintain sites for providing both anonymous and confidential HIV testing, and HIV counseling and referral. Each site, funded by the department of health, shall offer free testing, counseling and referral for indigent parties and other individuals without health insurance, offer a sliding scale for payment for all other individuals and, in the case of confidential testing, screen for ability to pay through a third-party insurer. In the case of nonfunded sites for HIV testing, organizations and/or institutions performing the test shall offer free testing, counseling and referral for indigent parties and other individuals without health insurance.
(e) All persons tested under this section shall be counseled and tested in accordance with regulations adopted by the department of health.