An Act Regarding the Drug Crisis and Ensuring Access to HIV Testing

Sec. 1. 5 MRSA §19203-G  is enacted to read:

§ 19203-G.  HIV test offer required

A person 13 years of age or older who is receiving health care services in a hospital or from a primary care provider licensed in this State must be offered an HIV test unless the person is being treated for a life-threatening emergency, has previously been offered or been the subject of an HIV test or in the opinion of the provider lacks the capacity to provide informed consent to an HIV test. As used in this section, "primary care provider" means an osteopathic or allopathic physician or physician assistant or nurse practitioner licensed under Title 32 who provides health care in a primary care setting.

This section is repealed January 1, 2030.

summary

This bill requires a person 13 years of age or older who is receiving medical services in a hospital or from a primary care provider to be offered an HIV test unless that person is being treated for a life-threatening emergency, has previously been offered or been the subject of an HIV test or lacks the capacity to provide informed consent to an HIV test. This requirement is repealed January 1, 2030.