Mich. Comp. Laws Ann. § 333.5133 - Information that physicians who order HIV tests and health facilities that perform HIV tests must provide

Information; pretest information; informed consent to HIV test; documentation; distribution of information; HIV test performed on anonymous basis; partner notification; HIV test performed for purpose of research; inapplicability of section; conditions; informing patient of test results

Michigan requires physicians to obtain their patients’ informed consent before administering an HIV test. The informed consent process requires physicians to provide patients with information on the HIV test and then obtain verbal or written consent from the patient or their representative to proceed with the test. Physicians or health facilities must document the informed consent process in the patients’ medical records.

The Department of Community Health (“department”) will develop the information that physicians will use during the informed consent process. The department must ensure that the information is understandable. The information provided to patients must include (1) an explanation of the test; (2) the means of HIV transmission and methods of prevention; and (3) an explanation of the patient’s rights, such as their right to confidentiality and the classes of persons that can obtain access to the test results.

Upon an individual’s request for an anonymous HIV test, the facility conducting the test must provide an anonymous HIV test and must obtain informed consent “using a coded system that does not link the individual’s identity” with either the HIV test or results. If an anonymous test reveals an individual is positive for HIV, then the department must initiate the partner notification process.

The informed consent requirements established by this law do not apply in the following circumstances:

• If the HIV test is conducted for research purposes so long as the researcher does not have access to the test subject’s identity and the test subject does not have access to the results.

• If the HIV test is conducted on a patient in a health facility after a health professional’s exposure to the patient’s blood or bodily fluids so long as the patient received notice upon their admission to the facility that an HIV test may be conducted without their ability to decline.

• If the test subject is unable to receive or understand the information or to decline the test, and the legally authorized representative of the test subject is not readily available to receive the information or decline for the test subject.”

When an individual tests positive for HIV, the health facility must disclose the test result to the patient and refer them to counseling. The health facility may use “normal health care provider procedures” (e.g. mail, phone, appointment) to inform patients that their results are negative.