{"data":{"id":"us-ky/krs-214.625","jurisdiction":"us-ky","citation":"KRS 214.625","heading":"Legislative findings -- Consent for medical procedures and tests including","body":"HIV infection -- Physician's responsibility -- Confidentiality of results --\nExceptions -- Disclosure -- Network of voluntary HIV testing programs.\n(1) The General Assem bly 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 despite current\nscientific knowledge that antiretroviral therapy (ART) prolongs the lives of acquired\nimmunodeficiency syndrome victims, and may also be effective when introduced in\nthe early stages of human immunodeficiency virus infection, many members of the\npublic are deterred from seeking testing  because they misunderstand the nature of\nthe test or fear that test results will be disclosed without their consent. The General\nAssembly finds that the public health will be served by facilitating informed,\nvoluntary, and confidential use of tests designed to detect human immunodeficiency\nvirus 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 proced ures 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 t he general consent\nform is in effect. 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 inf ectious\ndisease if a doctor or advanced practice registered nurse orders the test for\ndiagnostic purposes. Except as otherwise provided in subsection (5)(c) of this\nsection, the results of a test or procedure to determine human immunodeficiency\nvirus infection, antibodies to human immunodeficiency 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 practice registered nurse who orders the test pursuant to\nsubsections (1) and (2) of this section, his or her designee, or the attending\nphysician, shall be responsible for informing the patient of the results of the test if\nthe test results are positive for human immunodeficiency virus infection. If the tests\nare positive, the physician or advanced practice registered nurse, or his or her\ndesignee, shall also be responsible 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 per son in this state shall perform a test designed to identify 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) 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 provider 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 July 13, 1990, for the purpose of  artificial\ninsemination;\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 parent, foster parent, or legal guardian of a minor; a crime victim; or a\nperson specified in KRS 438.250;\n10. A person allowed access by a court order which 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 results\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 deters\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 substitute a\npseudonym for the true name of the subject of the test. The\ndisclosure to the parties of the subject's true name shall b e\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 is not already a\nparty;\nd. Court proceedings as to disclosure of test results shall be\nconducted in camera, unless the subject of the test agrees to a\nhearing in open court or unless the court determines that a public\nhearing is necessary to the public intere st and the proper\nadministration of justice; and\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 informatio n, 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 subsecti on. When\ndisclosure is made pursuant to this subsection, it shall be accompanied by a\nstatement in writing which 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 th e release of medical or other\ninformation is NOT sufficient for this purpose.\" An oral disclosure shall be\naccompanied by oral 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 conducted in each public health department\nestablished under the provisions of KRS Chapter 211. 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 department 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 relating 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 in 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 subsecti on\nshall be guilty of a Class A misdemeanor.\n(7) No public health department and no other person in this state shall conduct or hold\nthemselves out to the public as conducting a testing program for acquired\nimmunodeficiency syndrome, acquired immunodeficie ncy 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 per son who has completed an educational\ncourse approved 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 h ave all medical care supervised by a physician licensed\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 immunodeficiency 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 regulat ion 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 charg e 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 licen sed\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 and KRS 304.12 -013,\ninsurers and others participating in activities related to the insurance application and\nunderwriting process shall be exempt from this section.\n(10) The cabinet shall develop program standards consist ent 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=49029","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:18Z","sha256":"31ee2adb7be623743de100ac63bc9eaf269d6cfc196ad0c99637ae799c0085e5","source_id":"us-ky","stale":false,"prev":"us-ky/krs-214.620","next":"us-ky/krs-214.627"},"notice":"GroundRules: Original legal text. Not legal advice."}