Help for California Providers: State Legal Requirements for HIV Testing and Partner Notification, and Checklists to Assist Compliance

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 (Note that as laws change, these forms may become outdated.)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 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.

For those preferring separate, shorter checklists for non-pregnant vs. pregnant patients, Forms 103 and 104 are available:

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.

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