Consistency of State Statutes with the Centers for Disease Control and Prevention HIV Testing Recommendations for Health Care Settings

This article identifies the compatibility of state policies with the Centers for Disease Control and Prevention's (CDC) guidelines for HIV testing. In an effort to increase rates of HIV testing, the CDC introduced new guidelines in 2006 that are not always compatible with state policies. The CDC guidelines call for opt-out testing for all patients in all health care settings.

The authors reviewed the HIV testing policies of all 50 states for compatibility with the CDC guidelines.

Key Findings:

  • Thirty-four states already had policies that were either consistent with or neutral toward the CDC recommendations.
  • Sixteen states were not consistent with CDC recommendations at initial review. Since the guidelines were released in 2006, nine states have changed their policies to be consistent with the new guidelines.
  • Policies requiring written consent and pre-and post-test counseling were inconsistent with the CDC recommendations.

The remaining states with policies incompatible with the CDC guidelines may need to revise their laws if they wish to use the CDC guidelines as policy.