§ 6-405.  Requirements for HIV Antibody Tests of Individual Persons. 73
   (1)   Definitions.
      (a)   AIDS. Acquired immunodeficiency syndrome – the most serious stage of disease caused by human immunodeficiency virus infection.
      (b)   HIV. Human immunodeficiency virus (formerly called human T-cell lymphotropic virus type III – HTLV-III), the organism that causes AIDS.
      (c)   HIV Antibody Test. A blood test for the presence of antibody to HIV, which is considered as evidence of infection.
      (d)   Seronegative or Negative. Someone testing negatively on a serologic (blood) test for HIV antibody.
      (e)   Seropositive or Positive. Someone testing positively on a serologic (blood) test for HIV antibody.
   (2)   Requirements. All persons who conduct the HIV Antibody Test on individuals shall, in all cases:
      (a)   obtain an informed consent form signed by the individual to be tested; and
      (b)   provide pre- and post-test counseling to the individual tested, regarding the implications of a positive or negative test.
   (3)   Elements of Required Counseling. The counseling required under this Section shall be in accordance with protocols established by the United States Centers for Disease Control, available upon request from the Philadelphia Health Department, "The Department".
      (a)   Counselors must either be trained by the Department, or be trained by a contractor or agent authorized by the Department, or they must have a combination of training and experience deemed acceptable by The Department.
   (4)   Pre-test Counseling Required for a Valid Informed Consent. Pre-test counseling leading to a valid informed consent under this Section shall be rendered by a counselor qualified in accordance with subsection (3)(a) of this Section 6-405, and shall include as a minimum, and in addition to all other requirements of the Section, the following elements:
      (a)   the purpose of the test;
      (b)   the type of confidentiality pertaining both to the test result and the fact that the test has occurred;
      (c)   an explanation of the test;
      (d)   the degree of test accuracy and the possibility of a false negative or positive result;
      (e)   the implications of a positive or negative result;
      (f)   the benefits versus the risks of the test;
      (g)   the possible impact of knowing one's serostatus;
      (h)   the assurance that a patient's health services will not legally be adversely affected by the test results or the patient's willingness to be tested; and
      (i)   if applicable, an explanation of confidential versus anonymous testing and the implications of both.
   (5)   Language Requirement. All counseling shall be done in a language understood by the person to be tested.
   (6)   Penalties. Any person who violates the provisions of this Section shall be subject to the penalties imposed by subsection 6-103(1) of this Title.

 

Notes

73
   Added, 1990 Ordinances, p. 804.