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Officials Target Written Consent for HIV Tests

January 28, 2009
By SHELLEY HANSON

The Wheeling-Ohio County Board of Health wants the state Legislature to repeal a law requiring doctors to get written consent before testing a patient's blood for HIV.

The board on Tuesday approved a resolution asking legislators to do away with the law, citing ''the informed consent requirement for HIV testing has been found to be a barrier to HIV diagnosis interfering with the prevention of the spread of HIV.''

Board member Dr. John Holloway said if the law is repealed, patient consent still would be required before performing the test. However, it would not require that consent to be in writing or to include counseling. Consent for an HIV test would be given much like for any other blood test.

Article Photos

Photo by Shelley Hanson
Dr. John Holloway, right, Wheeling-Ohio County Board of Health member, talks Tuesday about why general consent only should be allowed for HIV testing. Also shown is Health Officer Dr. William Mercer, center, and Administrator Howard Gamble.

The board's resolution is based on recommendations made by the Centers for Disease Control and Prevention in 2006.

''This is the only blood test that is separated. ... It interferes with controlling the disease, and that's the bottom line,'' Holloway said of informed consent.

The resolution notes: ''West Virginia remains one of the few states that by law requires informed consent for HIV testing.''

Becky Beckett, nursing supervisor, said people tested for HIV at the health department typically come to the facility seeking the test. However, some patients have not fared well during the prevention counseling portion, as it can become very emotional, she said.

''I've had people get up and walk out - and I don't blame them,'' she said.

Holloway also noted ''informed consent'' is time consuming, which also can be discouraging for a patient.

The board is seeking support in the endeavor from other county health departments and the state Bureau of Public Health. Letters containing Ohio County's resolution are expected to be mailed to those agencies.

Holloway said the resolution was not prompted by any particular event. However, a syphilis outbreak investigation in Ohio County calls attention to the fact that sexually transmitted diseases are out there, he noted.

In her report to the board, Beckett said during the month of December alone, the health department had 72 STD-related ''patient encounters'' due mostly to people seeking syphilis testing.

In other matters, Administrator Howard Gamble said there are 10 mobile home parks that are delinquent in buying mandatory permits.

''Two mobile homes on a lot is considered a park,'' said Sanitarian Laughlin Johnson, noting there are a total of 20 in the county, with one located within in the city limits.

The health department is working with the prosecutor's office to take the parks to either magistrate or circuit court, Gamble noted.