§ 23-6-12 Testing. – (a) Recommendations regarding HIV testing shall reference the most current guidelines issued by the Centers for Disease Control and Prevention (CDC) pertaining to HIV Counseling, Testing and Referral of Adults, Adolescents and Pregnant Women; provided, however, those guidelines shall be interpreted by the department of health so as to best serve the clients and patients seeking HIV testing, and shall in no event be interpreted or implemented in a manner inconsistent with the minimum informed consent standards of this Title or other protections of state law. The recommendations shall emphasize that: (1) HIV screening is recommended in all health care settings, after the patient is informed, in accordance with this chapter's informed consent standards, that HIV testing will be done unless the patient declines; (2) persons at high-risk for HIV infection should be screened for HIV at least annually, in accordance with this chapter's informed consent standards; and (3) only verbal informed consent is required for anonymous testing.
(b) Unless otherwise excepted by the provisions of this chapter, no person may be tested for the presence of HIV where the test result can be identified with a specific individual, unless he or she has given his or her informed consent by his or her signature or that of a parent, guardian, or agent on a written informed consent form specifically relating to the test after discussion of implications of the test with a qualified professional. A physician or health care provider attending to any person who may be at risk for HIV infection shall routinely offer the HIV test to those patients. All testing pursuant to this section shall be performed in accordance with §§ 23-6-17 (confidentiality) and 23-6-18 (protection of the medical record) and this chapter's informed consent standards.
(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) In addition to, and separate from, the requirement of subdivision 23-6-26(b)(4), all HIV CD4 T-lymphocyte test results and all HIV viral load detection test results, detectable and nondetectable, shall be reported to the department of health through a department designed reporting system that uses a nonname based code and contains no patient identifying information. These reports may be used by the department to improve the clinical progress of patients through contact with their physicians, and to use the aggregate information collected to develop and improve prevention programs and create better access to care.