Help for California Providers: State Legal Requirements for HIV Testing and Partner Notification, and Checklists to Assist Compliance
- HIV Testing and Partner Notification Requirements in California (PDF Presentation June 2022)
This presentation explains the unique pre-test and post-test legal requirements in California, which differ for non-pregnant vs. pregnant patients in medical settings; and the somewhat different requirements for HIV testing in non-medical settings. It also explains the legal requirements for either performing partner services (including partner notification), or referring such services to the local public health agency. The elements of the checklists provided below are included. Please be patient after selecting presentations, as they may take a while to load.
Checklists for HIV partner services, and for HIV testing without written consent:
The Beyond AIDS Foundation provides these forms as a service to California providers, for optional use to help assure compliance with the state's special legal requirements. In the case of the HIV testing checklists, the pre-test requirements listed apply when a written consent form is not used. Note, however, that beginning January 2014, per AB 446, the post-test counseling requirements covered by the checklists (which are new for non-pregnant patients) apply, regardless of the use of a written consent form. These forms therefore can be used to substitute both for written consent, and for whatever documentation would otherwise be used for post-test counseling.The testing checklists include links to information sheets prepared by the California Department of Public Health, for non-pregnant and pregnant patients, in various languages.
Any of these checklists may be used in its present form at no charge, as long as the Beyond AIDS Foundation is listed as the source, and the date of the form is included. (Note that as laws change, these forms may become outdated.) We appreciate e-mail notification to info@beyondaids.org by intended users.
The forms may also be adapted with advance permission from the Foundation; use the same address to request authorization for any changes you wish to apply in your clinical or non-clinical settings.
We believe that the use of these checklists can demonstrate a good faith effort to fulfill and document adherence to the provisions of California law. However, Beyond AIDS and the Beyond AIDS Foundation assume no legal responsibility or liability for problems resulting from testing or partner services done in conjunction with these forms; nor do they warranty in any way that the use of the forms will prevent any or all legal or medicoloegal problems.
- Form 101: Checklist for Partner Services/Notification in California, 12/2013
This 2-page checklist may be useful for documenting the legally required steps involved in either performing partner services, or referring them to local public health personnel. - Form 102: Checklist for HIV Testing, California Medical Setting, including Pregnancy and Non-Pregnancy, updated 6/2022
This 2-page checklist may be suitable for clinics at which both pregnant and non-pregnant patients are seen, to avoid the need for separate forms. Some portions are relevant only to non-pregnant and others only to pregnant patients.
- Form 103: Checklist for HIV Testing, California Medical Setting, Non-Pregnancy, updated 4/2020
This 1-page checklist may be useful for routine testing of all except pregnant patients. It includes all of the pre-and-post-test requirements for HIV testing of non-pregnant patients, but not the unique requirements for pregnant patients. - Form 104: Checklist for HIV Testing, California Medical Setting, Pregnancy, updated 6/2022
This 1-page checklist includes all of the unique pre-and-post-test requirements for HIV testing of pregnant patients, and therefore may be useful in obstetrical clinics. Note, however, that there is a separate legal requirement for HIV counseling of pregnant patients, which need not necessarily be done at the same time as testing. - Form 105: Checklist for HIV Testing, California Non-Medical Setting, or when Legal Consent is Obtained from a Person Other than the Patient, updated 11/2017
This 1-page checklist includes the special requirements of AB 446 (effective January 2014), for HIV testing in non-medical settings (such as health fairs, mobile test sites, sites staffed by HIV Counselors, etc.) without written consent. It was not designed for anonymous testing centers. The checklist also includes the requirements for and therefore may be useful when a parent, guardian, conservator, or other legally authorized person consents for a child under 12, or for a patient who lacks capacity to consent.
Pre-test Information Sheets:
The California Department of Public Health has developed two patient information sheets, in various languages, to help providers to comply with the legal requirements prior to HIV testing in medical settings without written consent. Note that these do not satisfy the post-test counseling requirements, nor do they entirely fulfill the separate HIV counseling requirements for pregnant patients. These information sheets may be downloaded and used free of charge. This Website is also referenced on the relevant checklists.- CDPH 8682,“Protecting Yourself and Your Baby” (for pregnant patients, developed per HSC Section 125092, updatd 3/2019; 14 languages)
- CDPH 8700,“HIV Testing in Health Care Settings” (for non-pregnant patients; the links are labeled "Frequently Asked Questions About HIV Testing," updated 3/2019; 13 languages)