The State of Massachusetts still requires written consent from the patient before an HIV test can be performed. Currently, there are two bills before the state senate that would require health care providers to discuss the test, provide treatment options if it is positive, recommend periodic testing if at-risk individual is negative, and advise patients they have the right to decline HIV testing.
Two senators, Patricia Jehlen and Robert O’Leary, both Democrats are sponsoring the bill. O’Leary also wants the state department of health to study how to reach people who are at risk for HIV but are not getting tested.
This is a hotly debated issue across the country since the CDC recommended that general consent for medical care should be considered sufficient in an effort to increase the number of people being tested for HIV.
Many HIV groups remain opposed and believe that a written consent from the patient should be signed to make sure they are aware they are being tested and to give them the full option of understanding they can decline the test.
These new bills in Massachusetts and one earlier in the year in Michigan want to remove the need for signed consent from the patient. However, the concern is that if the patient does not sign that they may not be fully aware that they are being tested or they may not realize that they have an option to not be tested. The bill in Michigan was sponsored by Rep. Roy Schmidt (D-Grand Rapids). Spectrum Health, a Michigan company, requested the legislation, said the current law “creates a barrier to diagnosis and treatment that is inconsistent with recommendations from [CDC].”
A commonly cited study when pushing for this change is from San Francisco Department of Public Health Medical Center (SFDPH) in 2006 when they eliminated the required written consent for HIV testing as per the CDC recommendation. After reviewing the testing data from 2003 – 2007, the SFDPH has seen an increase in the average monthly rate of HIV tests by 4.38 per 1,000 patient visits which was a 44% increase in testing.
While the issue continues to be debated across the country, you still have a choice to take a home aids test and get your results anonymously and without visiting a medical facility.

Broward General Medical Center in Florida has released a statement that 1,800 patients who were at the hospital for a chemical stress test could have been exposed to a bloodbourne infection. Someone called the hospital’s Compliance Hotline to report seeing a nurse reuse the same saline bag and a portion of tubing which are supposed to be one use supplies. Patients who may have been exposed had come into the hospital for heart stress tests, and were administered medication to raise their heart rates and increase blood flow, as opposed to running on a treadmill. The Hospital is investigating and has reported that 1,851 patients received the tests with the nurse in question handling their test. So far the Hospital has tested 410 of these patients for HIV and hepatitis. 

As many as one million Americans are infected with HIV, but approximately 200,000 don’t know they have the disease because they haven’t been tested for it according to the 