Anish P. Mahajan, MD, MPH; Lara Stemple, JD; Martin F. Shapiro, MD, PhD; Jan B. King, MD, MPH; William E. Cunningham, MD, MPH
Acknowledgment: The authors thank Cristina Punzalan and the UCLA-Robert Wood Johnson Clinical Scholars Program staff. They also thank Jose Escarce, MD, PhD; Robert Brook, MD, ScD; and Thomas Coates, PhD, for their guidance during the development of this project and useful comments on earlier drafts of this manuscript.
Grant Support: By the Robert Wood Johnson Clinical Scholars Program (Dr. Mahajan); Charles Drew/University of California Los Angeles Project EXPORT National Institutes of Health grant P20 MD 000182-06 (Drs. Shapiro and Cunningham); and University of California Los Angeles/Drew Resource Centers for Minority Aging Research/Center for Health Improvement of Minority Elderly National Institutes of Health grant P30AG021684 (Dr. Cunningham).
Potential Financial Conflicts of Interest: None disclosed.
Requests for Single Reprints: Anish P. Mahajan, MD, MPH, The Robert Wood Johnson Clinical Scholars Program, David Geffen School of Medicine at University of California, Los Angeles, 911 Broxton Avenue, Los Angeles, CA 90024; e-mail, AnishMahajan@mednet.ucla.edu.
Current Author Addresses: Dr. Mahajan: The Robert Wood Johnson Clinical Scholars Program, David Geffen School of Medicine at University of California, Los Angeles, 911 Broxton Avenue, Los Angeles, CA 90024.
Ms. Stemple: University of California, Los Angeles, School of Law, 405 Hilgard Avenue, Los Angeles, CA 90095.
Drs. Shapiro and Cunningham: Division of General Internal Medicine and Health Services Research, David Geffen School of Medicine at University of California, Los Angeles, 911 Broxton Avenue, Los Angeles, CA 90024.
Dr. King: County of Los Angeles, Department of Public Health, Office of AIDS Programs and Policies, 600 South Commonwealth Avenue, 10th Floor, Los Angeles, CA 90095.
Mahajan AP, Stemple L, Shapiro MF, King JB, Cunningham WE. Consistency of State Statutes With the Centers for Disease Control and Prevention HIV Testing Recommendations for Health Care Settings. Ann Intern Med. 2009;150:263-269. doi: 10.7326/0003-4819-150-4-200902170-00007
Download citation file:
Published: Ann Intern Med. 2009;150(4):263-269.
In September 2006, the Centers for Disease Control and Prevention (CDC) released the â€œRevised Recommendations for HIV Testing of Adults, Adolescents, and Pregnant Women in Health-care Settingsâ€ to improve screening and diagnosis. The CDC now recommends that all patients in all health care settings be offered opt-out HIV screening without separate written consent and prevention counseling. State law on HIV testing is widely assumed to be a barrier to implementing the recommendations. To help policymakers and providers better understand their own legal context and to correct possible misunderstandings about statutory compatibility, a state-by-state review (including Washington, DC) of all statutes pertaining to HIV testing was performed and the consistency of these laws with the new recommendations was systematically assessed. Criteria were developed for classifying state statutory frameworks as consistent, neutral, or inconsistent with the new recommendations, and the implications for implementation of the CDC recommendations in these various legal contexts were examined. The statutory frameworks of 34 states and Washington, DC, were found to be either consistent with or neutral to the new CDC recommendations, which would enable full implementation. Statutory frameworks of 16 states were inconsistent with the new CDC recommendations, which would preclude implementation of 1 or more of the novel provisions without legislative change. In the 2 years since release of the recommendations, 9 states have passed new legislation to move from being inconsistent to consistent with the guidelines. State statutory laws are evolving toward greater compliance with the CDC recommendations. Policymakers, provider groups, consumer advocates, and other stakeholders should ensure that HIV screening practices comply with existing state law and work to amend inconsistent laws if they are interested in implementing the CDC recommendations.
Learn more about subscription options.
Register Now for a free account.
Infectious Disease, HIV.
Results provided by:
Copyright © 2016 American College of Physicians. All Rights Reserved.
Print ISSN: 0003-4819 | Online ISSN: 1539-3704
Conditions of Use
This PDF is available to Subscribers Only