TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS
PART 697 HIV/AIDS CONFIDENTIALITY AND TESTING CODE
SECTION 697.APPENDIX C SAMPLE WRITTEN INFORMED CONSENT FOR RAPID HIV ANTIBODY TESTING


 

Section 697.Appendix C   Sample Written Informed Consent for Rapid HIV Antibody Testing

 

WRITTEN INFORMED CONSENT FOR RAPID HIV ANTIBODY TEST

 

Test Subject or Number:

 

Date:

 

 

 

Time:

 

(AM)(PM)

 

I hereby grant my permission for a rapid HIV test to detect whether I have antibodies to HIV (Human Immunodeficiency Virus) in my body.

 

 

HIV Testing is voluntary and requires your consent in writing.  The purpose of rapid HIV testing is to show whether you are infected with HIV, the virus that causes AIDS.

 

Rapid HIV testing will allow you to receive a preliminary test result in less than 60 minutes.  Any test result that indicates that antibodies for HIV are present is considered preliminary positive and must be confirmed. 

 

Before you consent to be tested for HIV, your healthcare provider should speak to you about:

 

§        How HIV is passed from person to person and mother to baby;

§        Steps to take that may prevent the transmission of HIV; and

§        The meaning of a preliminary positive HIV rapid test result and how a preliminary HIV rapid test result is confirmed.

 

 

If you agree with the following statements and want to consent to rapid HIV testing, please sign this form.

 

I have been counseled about the benefits of having a rapid HIV test and understand that:

 

§        Human immunodeficiency virus (HIV) is the virus that causes AIDS;

§        HIV is spread by sexual intercourse, so all sexually active persons are potentially at risk for HIV infection;

§        HIV is spread by sharing needles with another person during injection of drugs, so all injection drug users are potentially at risk for HIV infection;

§        HIV can be passed from a mother to her baby during pregnancy, at delivery, and through breastfeeding; and

§        HIV antibody test results are confidential, and the law protects me from discrimination.

 

I understand that a preliminary positive result does not mean I have AIDS, but indicates that I may have HIV infection.

 

I understand that preliminary positive test results may indicate that a person has HIV antibodies when the person does not have the antibodies (a false positive result) or the test may fail to detect that a person has antibodies to the virus when the person does in fact have these antibodies (a false negative result).

 

The rapid HIV test that I am consenting to take will provide me and my health care provider with preliminary HIV test results:

 

§        If my rapid HIV test result is negative, no further testing will be done at this time.

§        If my rapid HIV test result is negative, it most likely means that I am not infected with HIV, but it may not detect recent infection.

§        If my rapid HIV test result is preliminary positive, this means there is a possibility that I am HIV infected.  A second test, to confirm a preliminary positive HIV test result, will be done.

§        I understand that if my rapid HIV test result is preliminary positive, I still may not have HIV infection, since a false positive test result can occur.  A second test, to confirm a preliminary positive HIV test result, will be done.

§        I understand that if my rapid HIV test result is preliminary positive, I will be offered HIV counseling.

 

 

Confidentiality of HIV Information:

 

If you take the rapid HIV test, your test results are confidential.  Under Illinois law, confidential HIV information can be given only to people to whom you allow it to be given by your written approval, to people who need to know your HIV status in order to provide medical care and services, including: an authorized  agent or employee of a health facility or a healthcare provider if the health facility or provider is authorized to obtain test results; those who are exposed to blood/body fluids in the course of their employment; and organizations that review the services you receive.

 

The law also allows your confirmed HIV test results to be released: to public health officials as required by law; for payment for care and treatment; to a temporary caretaker of children taken into protective custody by the Illinois Department of Children and Family Services; and to any other entity permitted by the AIDS Confidentiality Act.

 

 

I understand that my rapid HIV test results will be kept confidential to the extent provided by law.  In addition, I understand that I may withdraw from the testing at any point in time prior to the completion of laboratory tests.  I understand that my testing is voluntary. 

 

I agree to be tested using a rapid HIV test and I agree that I may be told my test results.  

 

I have been counseled that if the result of the rapid HIV test is preliminary positive, then I must undergo additional testing to confirm whether I am HIV positive.  I consent to that additional testing.

 

I agree that if the result of my rapid HIV test is preliminary positive or if the result of my rapid HIV test is confirmed positive, I may be referred to another health care provider for follow-up testing and care.   

 

 

I have been advised about the purpose, potential uses, limitations and meaning of the test results; the voluntary nature of the test; the right to withdraw consent at any time, prior to the completion of laboratory tests; and the confidentiality protections under the law.  The information presented above has been completely and clearly explained to me, and all of my questions have been answered.  I hereby authorize my physician or facility to collect an oral or blood specimen and perform a rapid HIV test on that specimen.

 

 

 

 

 

 

 

Patient/Client Signature or Signature of Legally Authorized Representative

 

 

Date

 

 

Facility/Provider Witness

 

 

Date

 

 

(Source:  Added at 30 Ill. Reg. 2373, effective February 3, 2006)