An Act to Amend the Laws Regarding Consent for HIV Testing and
Maine Legislature, Session 132, LD 1970
Committee: Health Coverage, Insurance and Financial Services
Sponsors: OSHER, BRENNER, FECTEAU
Amends: 5 MRSA §19203-A, 5 MRSA §19203-D

Legislative Document
No. 1970
H.P. 1314
House of Representatives, May 13, 2025
An Act to Amend the Laws Regarding Consent for HIV Testing and 
Disclosure of Related Medical Information for Insurance Purposes
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative OSHER of Orono.
Cosponsored by Senator BRENNER of Cumberland and
Representatives: EDER of Waterboro, Speaker FECTEAU of Biddeford, FLYNN of Albion, 
MATHIESON of Kittery, MOONEN of Portland, RANA of Bangor, ROEDER of Bangor, 
SUPICA of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §19203-A, as amended by PL 2011, c. 229, §1, is further amended 
by amending the section headnote to read:
§19203-A.  Voluntary informed consent required
Sec. 2.  5 MRSA §19203-A, sub-§1, as amended by PL 2007, c. 93, §1, is further 
amended to read:
1.  Individual Patient tested; general consent.  Except as provided in this section and 
section 19203, subsections 4 and 5, an HIV test must be voluntary and undertaken only 
with a patient's knowledge and understanding that an HIV test is planned general consent.  
A patient must be informed orally or in writing that an HIV test will be performed unless 
the patient declines.  Oral or written information required to be given to a patient under this 
subsection must include an explanation of what an HIV infection involves and the meaning 
of positive and negative test results.  A patient must be provided the opportunity to ask 
questions, either orally or in writing.  Informed consent is not required for repeated HIV 
testing by health care providers to monitor the course of established infection. A patient 
who has provided general consent for the performance of a medical procedure or test is not 
required to provide informed consent for an HIV test or to be provided an informed consent 
form for an HIV test.
A.  For the purposes of this subsection, "general consent" means consent obtained 
without undue inducement or any element of compulsion, fraud, deceit, duress or any 
other form of constraint or coercion and after providing instruction to a patient that:
(1)  As part of a medical procedure or test, the patient may receive an HIV test; and
(2)  Receiving an HIV test is voluntary and the patient may choose not to submit 
to an HIV test.
B.  If a patient declines an HIV test, the health care provider shall document that 
decision in the patient's medical record.
C.  The consent of a minor's parent or legal guardian is not required to perform an HIV 
test on the minor under this subsection.
D.  Oral or written information must be given to a patient and must include an 
explanation of what an HIV infection involves and the meaning of positive and 
negative test results.  A patient must be provided the opportunity to ask questions, 
either orally or in writing.
E.  Results of a test performed pursuant to this subsection must be provided to the 
health care provider that ordered the test.
Sec. 3.  5 MRSA §19203-D, sub-§7 is enacted to read:
7.  Insurance reimbursement.  This section does not preclude disclosure of 
information in a medical record for the purpose of seeking insurance reimbursement for 
HIV testing.
SUMMARY
This bill provides that an HIV test may be undertaken with a patient's general consent.  
The bill defines "general consent" to mean consent obtained without undue inducement or 
any element of compulsion, fraud, deceit, duress or any other form of constraint or coercion 
and that is obtained after providing instruction to a patient that, as part of a medical 
procedure or test, the patient may receive an HIV test and that receiving an HIV test is 
voluntary and the patient may choose not to submit to an HIV test.  The bill also provides 
that disclosure of information in a medical record for the purpose of seeking insurance 
reimbursement for HIV testing is not precluded. The bill removes the requirement that an 
HIV test may be undertaken only with a patient's informed consent.