6580 intends to remove any and all barriers to HIV testing and make such testing subject to the same notification and consent requirements that apply to any other medical test.
The bill repeals the following RCWs:
70.24.330 (consent, exceptions): No person may undergo HIV testing without the person’s consent except: (1) Pursuant to RCW 7.70.065 for incompetent persons; (2) In sero-prevalence studies where neither the persons whose blood is being tested know the test results nor the persons conducting the tests know who is undergoing testing; (3) If the department of labor and industries determines that it is relevant, in which case payments made under Title 51 RCW may be conditioned on the taking of an HIV antibody test; or (4) As otherwise expressly authorized by this chapter.
70.24.335 (opt-out screening): (1) Clinicians shall screen for HIV infection consistent with the United States preventive services task force recommendations for all patients age fifteen through sixty-five years and for all pregnant women. Screening is voluntary and may be undertaken only after the patient or the patient’s authorized representative has been told that HIV screening is planned and that HIV screening will be performed unless the patient declines. (2) If a health care provider notifies a patient that an HIV screening will be performed unless the patient declines, and the patient or patient’s authorized representative declines the HIV screening, the health care provider may not use the fact that the person declined an HIV screening as a basis for denying services or treatment, other than an HIV screening, to the person.
