50-16-1014. Screening and pretest information. (1) Screening for HIV-related conditions must be considered routine and must be incorporated into the patient’s general informed consent for medical care on the same basis as other screening and diagnostic tests.

Terms Used In Montana Code 50-16-1014

  • HIV: means the human immunodeficiency virus, identified as the causative agent of AIDS, and all HIV and HIV-related viruses that damage the cellular branch of the human immune or neurological systems and leave the infected person immunodeficient or neurologically impaired. See Montana Code 50-16-1003
  • HIV diagnostic test: means a test approved by the federal food and drug administration, including but not limited to an enzyme immunoassay and a western blot, that is designed to detect the presence of HIV or antibodies to HIV. See Montana Code 50-16-1003
  • Writing: includes printing. See Montana Code 1-1-203

(2)Screening for HIV-related conditions must be voluntary and undertaken with the patient’s knowledge and understanding that HIV diagnostic testing is planned.

(3)Patients must be informed orally or in writing that HIV diagnostic testing will be performed.

(4)If a patient declines an HIV diagnostic test, this decision must be documented in the patient’s medical record.