California Laws & HIV Testing

HIV testing must follow strict guidelines.

Laws governing HIV testing in California are consistent with the recommendations of the Centers for Disease Control.

Informed Consent

Verbal consent is required after a medical care provider tells the patient that an HIV test should be performed, describes the test and explains the right to decline. If the patient declines to take the test, the provider must note this in the patient's file.

Results

Patients must be informed of the results of testing. In the case of a positive test for HIV infection, a patient must also be told that additional tests are necessary to confirm the results.

Reporting

If the results of HIV testing are positive, California law requires that health care providers report the results to the local health department HIV surveillance program.

Disclosure

Health care providers are required to notify the patient's sexual partners or needle-sharing partners of possible exposure to HIV infection.

Counseling

If a patient has a confirmed HIV positive test, health care providers must offer counseling to the patient and to notified partners and contacts. Counseling must address the management of infection, risk reduction, psychosocial issues and notification of partners.

Minors

Individuals who are 13 years or older may consent to HIV testing.

References

• AIDS Education & Training Centers: HIV Testing Information & Resources or California Clincians
• National HIV/AIDS Clinicians Consultation Center: State HIV Testing Laws, California