Model Informed Consent for HIV Testing, Massachusetts Department of Public Health, Bureau of Infectious Disease, Office of HIV/AIDS (2009)

The Massachusetts Department of Public Health (MDPH) created this model informed consent form for HIV testing to facilitate the implementation of routine HIV testing in clinical settings. Under chapter 111, section 70F of the Massachusetts General Laws, no one may be tested for HIV without providing written, informed consent. Many providers, assuming this meant lengthy forms and burdensome paperwork, saw the consent requirement as a barrier to routine offering of HIV tests. In response, MDPH created a form that complies with state law and preserves important patient protections while ensuring that providers may easily and routinely offer HIV testing to patients. This model form also notes that including the suggested language on an existing consent for medical care, as long as the language is distinct, will suffice.

The form was issued in conjunction with a clinical advisory meant to encourage health care providers’ implementation of routine HIV screening. The subtext of the advisory is that routine offering of HIV testing in all health care settings, consistent with the primary goal of the U.S. Centers for Disease Control and Prevention(CDC) 2006 guidelines, can be accomplished without changing current Massachusetts law, which requires documented (i.e., patient-written), informed (i.e., pre-test communication with patients) consent.