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In the latest HIV testing guidelines, the CDC recommends streamlining the testing process by implementing opt-out testing, eliminating written informed consent, and decoupling counseling approaches from the testing encounter (ACC Oct 6 2006). As a federal agency, the CDC can put forth such recommendations, but state laws — which oversee issues of HIV testing, counseling, and consent — determine the feasibility of their implementation. To determine the “state of the states” with regard to changes in these laws, investigators recently conducted a systematic review of the legal literature.
Most states were found to have specific consent requirements, but they vary in their stringency. In 14 states, oral consent is adequate; in 5 states, oral co…