LOS ANGELES, Feb 19, 2009 (UPI via COMTEX) -- The laws of a majority of U.S.
states do not interfere with federal HIV testing guidelines, a researcher said.
Laws in 34 states and the District of Columbia are consistent with or do not
affect the recommendations by the Centers for Disease Control and Prevention in
Atlanta, which make it routine -- unless they "opt-out" -- for patients age 13
to 64 in all medical settings to be screened for HIV.
In the two years since the release of the recommendations, nine states have
passed laws to move from inconsistent to consistent with the guidelines.
Although only 16 states still have laws that are barriers to the CDC
recommendations, the research study leader, Dr. Anish Mahajan of the University
of California, Los Angeles, said testing rates for HIV continue to be low.
"Patient advocates have voiced opposition to opt-out screening for HIV testing
because of legitimate concerns that it would not ensure that patients feel they
actually have the choice to accept or decline testing," Mahajan said in a
statement.
"We found that the CDC guidelines' definition of 'opt-out' does require specific
protection of patient autonomy, which in many cases is not required by state
laws. Beyond simply complying with state laws, providers, consumer groups, and
other stakeholders should ensure that these protections are adhered to."
The findings are published in the Annals of Internal Medicine.
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Copyright 2009 by United Press International