On April 21, 2010, 2009 Wisconsin Act 209 was signed into law. Act 209 updated Wisconsin statutes related to HIV and AIDS and, among other things, eliminated the requirement for written informed consent for HIV testing by replacing it with a verbal consent process. Act 209 also modernizes Wisconsin statutes by revising laws related to disclosure of test results and significant exposure. This document provides answers to questions concerning statutory revisions implemented through this Act and other common questions concerning the HIV statutes detailed in Chapter 252 - Wisconsin's Communicable Diseases statutes.
HIV Testing Technology and Policy Specialist
Wisconsin AIDS/HIV Program
PDF: The free Adobe Reader® software is needed to download and view portable document format (PDF) files. Learn more.
No. The consent process can be conducted by another health care provider who is delegated responsibility for obtaining consent for testing.
Yes, but the statutes emphasize the information in Step 3 - which indicates that the patient may decline the HIV test and that the provider cannot deny other health care services or treatment based on this refusal. It is best to provide Step 3 verbally.
Yes, as long as all the steps listed in response Question A.1 above are covered.
No. The informed consent process is only required for diagnostic HIV testing. Once the patient is aware of their infection, informed consent is not required for HIV testing that is conducted to monitor the disease.
The provider can document it through a progress note in the record.
A checkbox can be created in an electronic medical record or on a paper form through which the provider checks whether the patient consented or declined the test.
Providers are only statutorily required to document whether the patient consented or declined testing. Some providers may elect to document additional information. An agency's established policies and procedures should substantiate what is covered under verbal informed consent.
Case report forms should be submitted to the Wisconsin AIDS/HIV Program Director at the Wisconsin Department of Health Services.
No. Because reporting HIV positive test results is statutorily required of health care providers, a patient's signed authorization for disclosure is not needed.
Yes. The federal Health Insurance Portability and Accountability Act (HIPAA) privacy rule permits covered entities to disclose an individual's protected health information, without the individual's authorization, to public health authorities that by law collect or receive such information for the prevention or control of disease.
Yes. This is acceptable as long as the provider conducts the entire verbal consent process prior to surgery.
No. This is not permissible under the current state statutes.
This particular passage of state law refers to the provider releasing the source patient's result to the exposed person and their provider when the source does not consent and HIV test result is performed on already existing blood or due to a court order.
If the exposed person is the patient's health care provider, that person already has access to the test result and an authorization is not necessary. However, if the exposed person is not their health care provider, an "Authorization for Disclosure" must be signed by the patient prior to release of the test results. In both cases, Employee Health should be involved and should be the entity that releases the results.
No. This is not allowed under state law [s. 252.15(5g) and (5j)]. However, the provider should request that the patient who was the source of the significant exposure accept their test result and the provider should assist them in accessing needed medical care.