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In September 2006, when experts at the CDC recommended universal, routine, opt-out HIV testing in healthcare settings, they also recommended removing requirements for separate written consent (AIDS Clin Care Oct 6 2006). As shown in the map here, state laws have evolved considerably subsequent to these recommendations. Of the 20 states that initially had laws or regulations requiring separate written consent for HIV testing, 11 have enacted legislation to reduce or eliminate those requirements; 7 others have introduced such legislation but have not, as of this writing, enacted it.
Bartlett JG et al. Opt-out testing for human immunodeficiency virus in the United States: Progress and challenges. JAMA 2008 Aug 27; 300:945.