1. Prior to undergoing a voluntary HIV-related test, information shall be available to the subject of the test concerning testing and any means of obtaining additional information regarding HIV transmission and risk reduction. If an individual signs a general consent form for the performance of medical tests or procedures, the signing of an additional consent form for the specific purpose of consenting to an HIV-related test is not required during the time in which the general consent form is in effect. If an individual has not signed a general consent form for the performance of medical tests and procedures or the consent form is no longer in effect, a health care provider shall obtain oral or written consent prior to performing an HIV-related test. If an individual is unable to provide consent, the individual’s legal guardian may provide consent. If the individual’s legal guardian cannot be located or is unavailable, a health care provider may authorize the test when the test results are necessary for diagnostic purposes to provide appropriate urgent medical care.
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Terms Used In Iowa Code 141A.6

  • AIDS: means acquired immune deficiency syndrome as defined by the centers for disease control and prevention of the United States department of health and human services. See Iowa Code 141A.1
  • Blood bank: means a facility for the collection, processing, or storage of human blood or blood derivatives, including blood plasma, or from which or by means of which human blood or blood derivatives are distributed or otherwise made available. See Iowa Code 141A.1
  • Care provider: means an individual who is trained and authorized by federal or state law to provide health care services or services of any kind in the course of the individual's official duties, for compensation or in a voluntary capacity, who is a health care provider, emergency medical care provider as defined in section 147A. See Iowa Code 141A.1
  • Department: means the department of inspections, appeals, and licensing. See Iowa Code 154A.1
  • Department: means the department of health and human services. See Iowa Code 141A.1
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Health care provider: means a person licensed to practice medicine and surgery, osteopathic medicine and surgery, chiropractic, podiatry, nursing, dentistry, or optometry, or as a physician assistant, dental hygienist, or acupuncturist. See Iowa Code 141A.1
  • HIV: means the human immunodeficiency virus identified as the causative agent of AIDS. See Iowa Code 141A.1
  • HIV-related test: means a diagnostic test conducted by a laboratory approved pursuant to the federal Clinical Laboratory Improvement Amendments for determining the presence of HIV or antibodies to HIV. See Iowa Code 141A.1
  • Legal guardian: means a person appointed by a court pursuant to chapter 633 or an attorney in fact as defined in section 144B. See Iowa Code 141A.1
  • Licensing board: means a party state's regulatory body responsible for advanced practice registered nurse licensure or authority to practice. See Iowa Code 152E.3
  • Person: means a natural person. See Iowa Code 154A.1
 2. Within seven days of the receipt of a test result indicating HIV infection which has been confirmed as positive according to prevailing medical technology or immediately after the initial examination or treatment of an individual infected with HIV, the physician or other health care provider at whose request the test was performed or who performed the initial examination or treatment shall make a report to the department on a form provided by the department.
 3. Within seven days of diagnosing a person as having AIDS or an AIDS-related condition, the diagnosing physician or physician assistant shall make a report to the department on a form provided by the department.
 4. Within seven days of the death of a person with HIV infection, the attending physician or attending physician assistant shall make a report to the department on a form provided by the department.
 5. Within seven days of the receipt of a test result indicating HIV infection which has been confirmed as positive according to prevailing medical technology, the director of a blood bank shall make a report to the department on a form provided by the department.
 6. Within seven days of the receipt of a test result that is indicative of HIV, the director of a clinical laboratory shall make a report to the department on a form provided by the department.
 7. The forms provided by the department shall require inclusion of all of the following information:

 a. The name of the patient.
 b. The address of the patient.
 c. The patient’s date of birth.
 d. The gender of the patient.
 e. The race and ethnicity of the patient.
 f. The patient’s marital status.
 g. The patient’s telephone number.
 h. If an HIV-related test was performed, the name and address of the laboratory or blood bank.
 i. If an HIV-related test was performed, the date the test was found to be positive and the collection date.
 j. If an HIV-related test was performed, the name of the physician or health care provider who performed the test.
 k. If the patient is female, whether the patient is pregnant.
 8. An individual who repeatedly fails to file the report required under this section is subject to a report being made to the licensing board governing the professional activities of the individual. The department shall notify the individual each time the department determines that the individual has failed to file a required report. The department shall inform the individual in the notification that the individual may provide information to the department to explain or dispute the failure to report.
 9. A public, private, or hospital clinical laboratory that repeatedly fails to make the report required under this section is subject to a civil penalty of not more than one thousand dollars per occurrence. The department shall not impose the penalty under this subsection without prior written notice and opportunity for hearing.
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