141.22  Testing--application for services--pamphlets.

1.  Prior to withdrawing blood for the purpose of performing an HIV-related test, the subject of the test or the subject's legal guardian, except when the provisions of subsection 6 apply, shall be provided with preliminary counseling which shall include but is not limited to the following:

a.  An explanation of the test, including the test's purposes, potential uses, limitations, and the meaning of both positive and negative results.

b.  An explanation of the nature of AIDS and ARC, including the relationship between the test results and the diseases.

c.  An explanation of the procedures to be followed, including the fact that the test is entirely voluntary and can be performed anonymously if requested.

d.  Information concerning behavioral patterns known to expose a person to the possibility of contracting AIDS and methods for minimizing the risk of exposure.

2.  A person seeking an HIV-related test shall have the right to remain anonymous. A health care provider shall provide for the anonymous administration of the test at the subject's request or shall confidentially refer the subject to a site which provides anonymous testing.

3.  At any time that a subject is informed of 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. Any additional testing that is advisable shall be explained to the subject and arrangements for the testing shall be made.

4.  Prior to withdrawing blood for the purpose of performing an HIV-related test, the subject shall be given written notice of the provisions of this section and of section 141.6, subsection 3, paragraph "c".

5.  Notwithstanding subsections 1 through 4, 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 Uniform Anatomical Gift Act, or semen provided prior to July 1, 1988, for the purpose of artificial insemination, or donations of blood, and such test is necessary to assure medical acceptability of such gift or semen for the purposes intended.

b.  The performance of an HIV-related test by licensed medical personnel in medical emergencies when the subject of the test is unable to grant or withhold consent, and the test results are necessary for medical diagnostic purposes to provide appropriate emergency care or treatment, except that posttest counseling shall be required.

c.  A person engaged in the business of insurance who is subject to section 505.16.

d.  The performance by a health care provider or health facility of an HIV-related test when the subject of the test is deceased, a significant exposure as defined pursuant to section 141.22A has occurred, and written consent is obtained from any of the following persons, in order of priority stated, if persons in prior classes are not available:

(1)  The person designated as the attorney in fact of the deceased person pursuant to chapter 144B, who was acting as attorney in fact at the time of the deceased person's death.

(2)  The legal guardian of the deceased person at the time of the deceased person's death.

(3)  The spouse of the deceased person.

(4)  An adult child of the deceased person.

(5)  A parent of the deceased person.

(6)  An adult sibling of the deceased person.

(7)  Any other member of the deceased person's family who is authorized to dispose of the body.

(8)  The county medical examiner.

6.  A person may apply for voluntary treatment, contraceptive services, or screening or treatment for AIDS 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, if the person seeking the treatment is a minor who has personally made application for services, screening, or treatment, the fact that the minor sought services or is receiving services, screening, or treatment shall not be reported or disclosed, except for statistical purposes. Notwithstanding any other provision of law, however, the 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 center for disease control guidelines, from informing the legal guardian is exempt from the notification requirement, but not from the requirement for an assistance program. 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.

7.  When submitted the department shall review and approve pamphlets containing the information required to be provided to a subject or the subject's legal guardian pursuant to subsection 1. The department shall also prepare a model pamphlet containing this information. This subsection does not require submission of all pamphlets containing the required information to the department for approval.

Section History: Recent form

  88 Acts, ch 1234, § 2; 89 Acts, ch 223, § 4, 5; 89 Acts, ch 296, § 16; 96 Acts, ch 1023, §1; 98 Acts, ch 1187, §5

Internal References

  Referred to in § 141.22A, 141.23, 141.23A, 915.40, 915.42, 915.43

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