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Ohio Laws and Rules
(A) A human immunodeficiency virus (HIV) test shall be performed only if, prior to the test, informed consent is obtained either by the person or agency of state or local government ordering the test. A facility or physician may adopt a policy to offer routine and voluntary testing to all patients admitted to a facility or under the physician’s care in accordance with the provisions of this rule. Consent may be given orally or in writing after the person or agency performing or ordering the test or the facility or physician ordering the test has given orally, in writing, or through an electronic means, including videotape, the following information to the individual to be tested or his guardian:
(1) An explanation of the test and testing procedures, including the purposes and limitations of the test and the meaning of its results;
(a) The explanation of the test and testing procedures shall include a statement that:
(1) The test is conducted on a blood sample or another body fluid taken from the individual tested and whether the test determines the presence of antibodies to HIV or detects infection with HIV in another manner.
(2) When the test to be performed is a test for antibodies to HIV, the explanation also shall include a statement that if the first test is positive, additional tests will be performed on the same blood or body fluid sample or an additional sample may be taken; and
(b) The explanation of the meaning of the test results shall include a statement that a positive test result means that the individual tested has been exposed to HIV and is infected but that the symptoms and development of the HIV related disease may take ten years or more to occur. The explanation also shall include a statement that if the individual has been exposed to HIV but presently has negative test results, future retesting is advisable because of the amount of time after exposure required for the body to produce antibodies to HIV.
(2) An explanation that the test is voluntary, that consent to be tested may be withdrawn at any time before the individual tested leaves the premises where the blood or other body fluid sample is taken for the test and that the individual or guardian may elect to have an anonymous test; and
(3) An explanation about behaviors known to pose risks for transmission of HIV infection. This explanation shall focus on ways in which HIV may be transmitted, such as sexual intercourse (i.e. anal, vaginal, or oral sex), sharing of needles, from an infected pregnant woman to her fetus, from infected mother to child through breast feeding, and through blood transfusion that occurred prior to 1985, or other ways in which the person or agency providing the information reasonably believes are possible ways that the individual to whom the information is given may have been exposed to HIV or may transmit HIV.
(B) In preparing the informed consent form referred to by division (A) of section 3701.242 of the Revised Code, the director also may include in the form other information that may be useful to an individual seeking HIV testing. Use of the informed consent form prepared and distributed by the director under division (A) of section 3701.242 of the Revised Code and under this paragraph is not mandatory, but a person or government agency required by division (A) of section 3701.242 of the Revised Code and paragraph (A) of this rule to give information to an individual may satisfy the requirement by obtaining the signature of the individual on the form prepared by the director.
(C) A minor may consent to be given an HIV test. The consent is not subject to disaffirmance because of minority. The parents or guardian of a minor giving consent under this division are not liable for payments for an HIV test given to the minor without the consent of a parent or the guardian.
(D) The person or government agency ordering an HIV test shall provide counseling for the individual at the time he is told of the result of the test or informed of a diagnosis of AIDS or an HIV related condition. If the test was performed upon the request of the individual tested, the person or government agency that performed the test shall provide counseling. The individual shall be given an oral or written explanation of the nature of HIV, HIV related conditions, and AIDS and the relationship between the HIV test and those diseases and a list of resources for further counseling or support. When necessary, the individual shall be referred for further counseling to help that individual cope with the emotional consequences of learning the test result.
(E) Any individual seeking an HIV test shall have the right, on the individual’s request, to an anonymous test. A health care facility or health care provider that does not provide anonymous testing shall refer an individual requesting an anonymous test to a site where it is available.
(F) The requirements of paragraphs (A) to (E) of this rule do not apply to the performance of an HIV test in any of the following circumstances:
(1) When the test is performed in a medical emergency by a nurse or physician and the test results are medically necessary to avoid or minimize an immediate danger to the health or safety of the individual to be tested or another individual, except that counseling shall be given to the individual as soon as possible after the emergency is over;
(2) When the test is performed for the purpose of research if the researcher does not know and cannot determine the identity of the individual tested;
(3) When the test is performed by a person who procures, processes, distributes, or uses a human body part from a deceased person donated for a purpose specified in Chapter 2108. of the Revised Code, if the test is medically necessary to ensure that the body part is acceptable for its intended purpose;
(4) When the test is performed on a person incarcerated in a penal institution if the head of the institution has determined, based on good and medical cause, that a test is necessary;
(5) When the test is performed by or on the order of a physician who, in the exercise of his professional judgement, determines the test to be necessary for providing diagnosis and treatment to the individual to be tested, if the individual or the individual’s parent or guardian has given consent to the physician for medical treatment;
(6) When the test is performed on an individual after the infection control committee of a health care facility, or other body of a health care facility performing a similar function determines that a health care provider, emergency medical services worker, or peace officer, while rendering health or emergency care to an individual, has sustained significant exposure to the body fluids of that individual, and the individual has refused to give consent for testing; and
(G) The consent of the individual to be tested is not required, and the individual or guardian may not elect to have an anonymous test, when the test is ordered by a court in connection with a criminal investigation.
R.C. 119.032 review dates: 05/08/2008 and 05/01/2013
Promulgated Under: 119.03
Statutory Authority: 3701.242
Rule Amplifies: 3701.24, 3701.241, 3701.242, 3701.243, 3701.244, 3701.245, 3701.246, 3701.247, 3701.248, 3701.249
Prior Effective Dates: 7/23/1998