Wisconsin makes significant changes to HIV consent and disclosure requirements.

Procedure for Obtaining Consent While written consent for HIV testing is no longer required, health care providers (as well as blood banks, blood centers or plasma centers) must ensure that certain requirements are met. First, patients must be notified that the test will be performed and that they may decline it.4 Second, the provider must offer the patient a brief oral or written explanation or description of HIV infection, HIV test results, requirements for reporting HIV test results, treatment options for a person who has a positive result, and services provided by AIDS service organizations and other community-based organizations for persons who have a positive HIV test result.5 While this seems like a great deal of information to provide, the law also requires that the Wisconsin Department of Health Services make materials available to providers that include this required information.6 Third, if the patient declines the test, the provider may not use that fact as a basis for denying services or treatment to the patient.7 Fourth, the provider must give the patient an opportunity to ask questions and to decline the test.8 Finally, the provider must verify that the patient understands an HIV test will be performed and must verify that the patient’s decision regarding whether to have the test is not coerced or involuntary.9