An Act To Conform HIV Testing to the Recommendations of the Federal Centers for Disease Control and Prevention
Maine Legislature, Session 123, LD 0568
Committee: Health and Human Services
Sponsors: MARRACHE, SHERMAN, MILLER, WALKER
Amends: 5 MRSA §19201, 5 MRSA §19203-A, 5 MRSA §19203-F, 5 MRSA §19203-G, 5 MRSA §19204-A, 5 MRSA §19204-B, 22 MRSA §834

Legislative Document 
No. 568 
S.P. 180 
February 5, 2007 
An Act To Conform HIV Testing to the Recommendations of the 
Federal Centers for Disease Control and Prevention 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator MARRACHE of Kennebec. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator: SHERMAN of Aroostook, Representatives: MILLER of Somerville, 
WALKER of Lincolnville. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §19201, sub-§5-A, as amended by PL 1987, c. 811, §2, is 
repealed. 
Sec. 2. 5 MRSA §19203-A, as amended by PL 1999, c. 429, §3, is repealed. 
Sec. 3. 5 MRSA §19203-F, sub-§4, as enacted by PL 1995, c. 319, §4, IS 
amended to read: 
4. Reporting and counseling. The health care facility in which a convicted offender 
is tested pursuant to this section shall disclose the results of the test to the victim-witness 
advocate, who shall disclose the result to the petitioner. The test result may not be 
disclosed to the petitioner until the petitioner has received counseling, pursuant to section 
19204 A, regarding the nature, reliability and significance of the convicted offender's 
HIV test aHd has been offered referrals for health care and support services for the victim. 
The health care facility shall, upon order of the court, disclose the results of the test to the 
convicted offender. 
Sec. 4. 5 MRSA §19203-G is enacted to read: 
§19203-G. Informed consent; declining consent 
1. Consent. Beginning January 1, 2008, the provisions of this section apply to HIV 
testing. 
A. Informed consent is not required for HIV testing of an individual. 
B. 
Prior to obtaining the body fluids or samples required for an HIV test, a health 
care provider shall notify a person that an HIV test will be performed and shall 
provide the person an opportunity to decline consent for the test. 
C. 
Except as otherwise provided under the provisions of sections 19203-C and 
19203-F, a person may decline an HIV test by signing a written statement declining 
consent to an HIV test. A statement declining an HIV test under this subsection must 
be kept in the health care file ofthe person signing the statement. 
2. Counseling. Counseling is not required with regard to an HIV test. A health care 
provider who performs an HIV test shall provide oral and written information on HIV 
testing. 
Written information must be made available in the languages of commonly 
encountered populations in the geographic region served by the health care provider. 
Sec. 5. 5 MRSA §19204-A, as amended by PL 2001, c. 647, §§1 to 3, is repealed. 
Sec. 6. 5 MRSA §19204-B, sub-§2, ~A, as enacted by PL 1987, c. 811, §9, is 
amended to read: 
A. 
If the employee declines to be tested pursuant to section 19203 A; 
Sec. 7. 22 MRSA §834, as enacted by PL 1997, c. 368, § 1, is repealed. 
Page J - 123LR212S(01)-1 
Sec. 8. Effective date. This Act takes effect January 1, 2008. 
SUMMARY 
This bill repeals the requirement for informed consent for HIV testing and the 
requirement for counseling prior to testing and upon disclosure of the test results to the 
tested person effective January I, 2008. The bill requires a health care provider to notify 
a person prior to HIV testing and to provide an opportunity for the person to decline the 
test by signing a written statement, which must be kept in the person's health care file. 
The bill requires oral and written information regarding HIV testing. The bill corrects 
cross-references to informed consent and counseling. The bill provides an effective date 
of January 1,2008.