§ 23-17-31 Human immunodeficiency virus (HIV) testing – Hospitals. – (a) Hospital patients in any hospital licensed under this chapter shall be offered testing for human immunodeficiency virus (HIV) unless excluded by regulations developed by the department of health, or unless the test is deemed inappropriate by a physician caring for the patient and so noted in the person's medical record. All testing pursuant to this section shall be performed in accordance with §§ 23-6-12 and 23-6-13. The identity of the individuals tested under this section shall be maintained only at the hospital site where the sample is drawn, and shall not be released except as provided by statute. Each person who is offered a test and counseling shall be provided with an "informed consent form" which he or she shall sign and date in acknowledgment of the offer.
(b) The department of health is responsible for reasonable costs associated with performing and reporting the results of the HIV tests.
(c) All persons tested under this section shall be provided pretest and post-test counseling, and the department of health shall define in regulation the nature and scope of the counseling. The counseling shall be in accordance with acceptable medical standards.
(d) The department of health will either provide or pay for all pretest and post-test counseling. It will negotiate with the hospitals concerning incremental costs associated with pretest and post-test counseling and will provide reasonable reimbursement of these costs or provide the services themselves in the case of post-test counseling.