{"data":{"id":"us-ky/krs-214.181","jurisdiction":"us-ky","citation":"KRS 214.181","heading":"Legislative findings -- General consent to testing for HIV -- Emergency","body":"procedures -- Disclosures of test results -- Voluntary testing programs in each\ncounty.\n(1) The General Assembly finds that the use of tests designed to reveal a condition\nindicative of human immunodeficiency virus (HIV) infection can be a valuable tool\nin protecting the public health. The General Assembly finds that knowledge of HIV\nstatus is increasingly important for all persons since treatment using antiretroviral\nmedications can slow disease progression, prolong and improve the lives of HIV -\npositive individuals, and reduce the likelihood of perinatal mother -to-child\ntransmission. Many members of the public are deterred from seeking testing\nbecause they misunderstand the nature of the test or fear that test results will be\ndisclosed without their consent. The General Assembly finds that the public health\nwill be served by facilitating informed, voluntary, and confidential use of tests\ndesigned to detect human immunodeficiency virus infection.\n(2) A person who has signed a general consent form for the performance of medical\nprocedures and tests is not required to also sign or be presented with a specific\nconsent form relating to medical procedures or tests to determine human\nimmunodeficiency virus infection, antibodies to human immunodeficiency virus, or\ninfection with any other causative agent of acquired immunodeficiency syndrome\nthat will be performed on the person during the time in which the general consent\nform is in ef fect. However, a general consent form shall instruct the patient that, as\npart of the medical procedures or tests, the patient may be tested for human\nimmunodeficiency virus infection, hepatitis, or any other blood -borne infectious\ndisease if a doctor or a dvanced practice registered nurse orders the test for\ndiagnostic purposes. Except as otherwise provided in subsection (5)(d) of this\nsection, the results of a test or procedure to determine human immunodeficiency\nvirus infection, antibodies to human immuno deficiency virus, or infection with any\nprobable causative agent of acquired immunodeficiency syndrome performed under\nthe authorization of a general consent form shall be used only for diagnostic or\nother purposes directly related to medical treatment.\n(3) In any emergency situation where informed consent of the patient cannot reasonably\nbe obtained before providing health -care services, there is no requirement that a\nhealth-care provider obtain a previous informed consent.\n(4) The physician or advanced pr actice registered nurse who orders the test pursuant to\nsubsections (1) and (2) of this section, or the attending physician, or designee, shall\nbe responsible for informing the patient of the results of the test if the test results are\npositive for human i mmunodeficiency virus infection. If the tests are positive, the\nphysician or advanced practice registered nurse or designee, shall also be\nresponsible for either:\n(a) Providing information and counseling to the patient concerning his infection\nor diagnosis and the known medical implications of such status or condition;\nor\n(b) Referring the patient to another appropriate professional or health-care facility\nfor the information and counseling.\n(5) (a) No person in this state shall perform a test designed to i dentify the human\nimmunodeficiency virus, or its antigen or antibody, without first obtaining the\ninformed consent of the person upon whom the test is being performed, except\nas specified in subsections (2) and (3) of this section.\n(b) No test result shall  be determined as positive, and no positive test result shall\nbe revealed to any person, without corroborating or confirmatory tests being\nconducted.\n(c) 1. Nothing in this subsection shall be construed as prohibiting the\ndisclosure to the patient of preli minary positive results from HIV rapid\ntests if results are delivered with an explanation of the following:\na. The meaning of a reactive rapid test;\nb. The importance of confirmatory testing; and\nc. The importance of taking precautions to reduce the risk of\ninfecting others while awaiting the results of confirmatory testing.\n2. In special cases where immediate actions may be necessary to protect a\npatient, such as potential perinatal transmission or i ncidents warranting\npost-exposure prophylaxis, a preliminary positive result from a HIV\nrapid test may be disclosed to the patient and used as a basis to\nrecommend options for prophylaxis or treatment.\n(d) No person who has obtained or has knowledge of a t est result pursuant to this\nsection shall disclose or be compelled to disclose the identity of any person\nupon whom a test is performed, or the results of the test in a manner which\npermits identification of the subject of the test, except to the following\npersons:\n1. The subject of the test or the subject's legally authorized representative;\n2. Any person designated in a legally effective release of the test results\nexecuted prior to or after the test by the subject of the test or the\nsubject's legally authorized representative;\n3. A physician, nurse, or other health -care personnel who has a legitimate\nneed to know the test result in order to provide for his protection and to\nprovide for the patient's health and welfare;\n4. Health-care providers consulting between themselves or with health-care\nfacilities to determine diagnosis and treatment;\n5. The cabinet, in accordance with rules for reporting and controlling the\nspread of disease, as otherwise provided by state law;\n6. A health facility or health -care pr ovider which procures, processes,\ndistributes, or uses:\na. A human body part from a deceased person, with respect to\nmedical information regarding that person; or\nb. Semen provided prior to the effective date of this section for the\npurpose of artificial insemination;\n7. Health facility staff committees, for the purposes of conducting program\nmonitoring, program evaluation, or service reviews;\n8. Authorized medical or epidemiological researchers who shall not further\ndisclose any identifying characteristics or information;\n9. A person allowed access by a court order that is issued in compliance\nwith the following provisions:\na. No court of this state shall issue an order to permit access to a test\nfor human immunodeficiency virus performed in a medical or\npublic health setting to any person not authorized by this section or\nby KRS 214.420. A court may order an individual to be tested for\nhuman immunodeficiency virus only if the person seeking the test\nresults has demonstrated a compelling need for the test re sults\nwhich cannot be accommodated by other means. In assessing\ncompelling need, the court shall weigh the need for testing and\ndisclosure against the privacy interest of the test subject and the\npublic interest which may be disserved by disclosure which d eters\nblood, organ, and semen donation and future human -\nimmunodeficiency-virus-related testing or which may lead to\ndiscrimination. This paragraph shall not apply to blood bank donor\nrecords;\nb. Pleadings pertaining to disclosure of test results shall subs titute a\npseudonym for the true name of the subject of the test. The\ndisclosure to the parties of the subject's true name shall be\ncommunicated confidentially, in documents not filed with the\ncourt;\nc. Before granting any order, the court shall provide the  individual\nwhose test result is in question with notice and a reasonable\nopportunity to participate in the proceedings if he or she is not\nalready a party;\nd. Court proceedings as to disclosure of test results shall be\nconducted in camera, unless the subj ect of the test agrees to a\nhearing in open court or unless the court determines that a public\nhearing is necessary to the public interest and the proper\nadministration of justice;\ne. Upon the issuance of an order to disclose test results, the court\nshall impose appropriate safeguards against unauthorized\ndisclosure, which shall specify the persons who may have access to\nthe information, the purposes for which the information shall be\nused, and appropriate prohibitions on future disclosure.\nNo person to whom the results of a test have been disclosed shall disclose the\ntest results to another person except as authorized by this subsection. When\ndisclosure is made pursuant to this subsection, it shall be accompanied by a\nstatement in writing that includes the  following or substantially similar\nlanguage: \"This information has been disclosed to you from records whose\nconfidentiality is protected by state law. State law prohibits you from making\nany further disclosure of such information without the specific written consent\nof the person to whom such information pertains, or as otherwise permitted by\nstate law. A general authorization for the release of medical or other\ninformation is NOT sufficient for this purpose.\" An oral disclosure shall be\naccompanied by ora l notice and followed by a written notice within ten (10)\ndays.\n(6) (a) The Cabinet for Health and Family Services shall establish a network of\nvoluntary human immunodeficiency virus testing programs in every county in\nthe state. These programs shall be co nducted in each public health department\nestablished under the provisions of KRS Chapter 212. Additional programs\nmay be contracted to other private providers to the extent that finances permit\nand local circumstances dictate.\n(b) Each public health department shall have the ability to provide counseling and\ntesting for the human immunodeficiency virus to each patient who receives\nservices and shall offer the testing on a voluntary basis to each patient who\nrequests the test.\n(c) Each public health departme nt shall provide a program of counseling and\ntesting for human immunodeficiency virus infection, on an anonymous or\nconfidential basis, dependent on the patient's desire. If the testing is performed\non an anonymous basis, only the statistical information r elating to a positive\ntest for human immunodeficiency virus infection shall be reported to the\ncabinet. If the testing is performed on a confidential basis, the name and other\ninformation specified under KRS 214.645 shall be reported to the cabinet. The\ncabinet shall continue to provide for anonymous testing and counseling.\n(d) The result of a serologic test conducted under the auspices of the cabinet shall\nnot be used to determine if a person may be insured for disability, health, or\nlife insurance or to screen or determine suitability for, or to discharge a person\nfrom, employment. Any person who violates the provisions of this subsection\nshall be guilty of a Class A misdemeanor.\n(7) No public health department and no other private or public facility shall be\nestablished for the primary purpose of conducting a testing program for acquired\nimmunodeficiency syndrome, acquired immunodeficiency syndrome related\ncomplex, or human immunodeficiency virus status without first registering with the\ncabinet, complying with all other applicable provisions of state law, and meeting the\nfollowing requirements:\n(a) The program shall be directed by a person who has completed an educational\ncourse appro ved by the cabinet in the counseling of persons with acquired\nimmunodeficiency syndrome, acquired immunodeficiency syndrome related\ncomplex, or human immunodeficiency virus infection;\n(b) The program shall have all medical care supervised by a physician li censed\nunder the provisions of KRS Chapter 311;\n(c) The program shall have all laboratory procedures performed in a laboratory\nlicensed under the provisions of KRS Chapter 333;\n(d) Informed consent shall be required prior to testing. Informed consent shall  be\npreceded by an explanation of the test, including its purpose, potential uses,\nand limitations and the meaning of its results;\n(e) The program, unless it is a blood donor center, shall provide pretest\ncounseling on the meaning of a test for human immun odeficiency virus,\nincluding medical indications for the test; the possibility of false positive or\nfalse negative results; the potential need for confirmatory testing; the potential\nsocial, medical, and economic consequences of a positive test result; and  the\nneed to eliminate high-risk behavior;\n(f) The program shall provide supplemental corroborative testing on all positive\ntest results before the results of any positive test is provided to the patient;\n(g) The program shall provide post -test counseling, in person, on the meaning of\nthe test results; the possible need for additional testing; the social, medical,\nand economic consequences of a positive test result; and the need to eliminate\nbehavior which might spread the disease to others;\n(h) Each person  providing post -test counseling to a patient with a positive test\nresult shall receive specialized training, to be specified by regulation of the\ncabinet, about the special needs of persons with positive results, including\nrecognition of possible suicidal behavior, and shall refer the patient for further\nhealth and social services as appropriate;\n(i) When services are provided for a charge during pretest counseling, testing,\nsupplemental testing, and post -test counseling, the program shall provide a\ncomplete list of all charges to the patient and the cabinet; and\n(j) Nothing in this subsection shall be construed to require a facility licensed\nunder KRS Chapter 333 or a person licensed under the provisions of KRS\nChapters 311, 312, or 313 to register with the  cabinet if he or she does not\nadvertise or hold himself or herself out to the public as conducting testing\nprograms for human immunodeficiency virus infection or specializing in such\ntesting.\n(8) Any violation of this section by a licensed health-care provider shall be a ground for\ndisciplinary action contained in the professional's respective licensing chapter.\n(9) Except as provided in subsection (6)(d) of this section, insurers and others\nparticipating in activities related to the insurance application and underwriting\nprocess shall be exempt from this section.\n(10) The cabinet shall develop program standards consistent with the provisions of this\nsection for counseling and testing persons for the human immunodeficiency virus.","path":["KRS Chapter 214"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49028","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:18Z","sha256":"e098f7568468a3e192c3a4627c46bf464b8928a731cefdd63a1bd1067df4429c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-214.180","next":"us-ky/krs-214.185"},"notice":"GroundRules: Original legal text. Not legal advice."}