Recent ARCW Media Releases

28 January 2010
Important HIV Testing Modernization Bill Moving in Wisconsin Legislature
ARCW lobbying for passage of bill to streamline testing procedures

Milwaukee — The AIDS Resource Center of Wisconsin is lobbying the Wisconsin Assembly and Senate to adopt a bill introduced by Representative Jennifer Shilling (D-La Crosse) that will modernize Wisconsin’s HIV testing statutes.

ARCW worked closely with Rep. Shilling and Wisconsin Department of Health Services Secretary Karen Timberlake and other staff to carefully craft Assembly Bill 659 which will modernize Wisconsin’s HIV testing and informed consent laws while stiffening penalties for those who disclose the HIV status of an individual without his or her consent. The bill also creates new guidelines that people conducting HIV tests must follow to make sure that newly-diagnosed individuals are linked into medical care and support services.

“Representative Shilling has done an outstanding job of drafting a bill that will enhance and expand HIV testing by eliminating unnecessary barriers while protecting the rights of patients to retain control over their healthcare,” said Bill Keeton, ARCW Director of Government Relations. “With estimates indicating as many as 20% of people living with HIV are unaware of their status, this bill will help make sure that more people will get tested before disease progression makes treatment more difficult.”

Specifically, AB 659 changes state law regarding the process by which an individual gives consent to be tested for HIV. In most circumstances under current law, before being tested, an individual must give written, informed consent using a paper form - a practice physicians and public health officials have indicated is a barrier to expanding HIV testing to more people.

“Unfortunately, too many people are not diagnosed until they have been living with HIV for a long time and they are either at or close to an AIDS diagnosis as well because they are not being tested,” Keeton said during a public hearing held on the bill on January 27. “In order to give patients the best possible chance for successful treatment outcomes, it is vital that people know their HIV status.”

Under AB 659, test administrators need to receive oral, informed consent by the test subject and must do so while ensuring the test subject understands that he or she has a right to refuse the test and that if he or she chooses not to get tested that they will not be denied access to care. Additionally, ARCW secured the inclusion of strong language in the bill that ensures anyone who receives a positive HIV test will receive appropriate post-test counseling, including referral to local AIDS service organizations to make sure they are immediately connected to HIV healthcare providers.

“Delay or difficulty in accessing care remains a barrier to successful treatment and HIV disease management,” Keeton said. “With the assistance of Wisconsin’s AIDS service organization system, newly diagnosed individuals with HIV are assured of gaining early access to the care and treatment they need. The changes under AB 659 regarding post-test counseling will make sure test administrators are providing important referral information to patients who need it.”

Individuals who are interested in learning more about how they can support AB 659 and other initiatives aimed at enhancing the fight against AIDS can do so by contacting Keeton by phone at 414-225-1572 or by sending him an email at bill.keeton@arcw.org.

ARCW is Wisconsin’s largest provider of HIV medical, dental and mental health care. ARCW also provides a wide array of social services and conducts aggressive HIV prevention programs throughout Wisconsin.