Sec. 1. 5 MRSA §19204-A, sub-§1, ¶B, as amended by PL 1995, c. 404, §15, is further amended to read:

B. A written memorandum An entry in the medical record of the person being counseled summarizing the contents of the discussion concerning at least the topics listed in paragraph A, subparagraphs (1) to (5) given to the person being counseled. A written informed consent form may be used to satisfy the requirement for a written memorandum in this paragraph if it contains all the required information. A written consent form does not satisfy the requirement for personal counseling in paragraph A.

Sec. 2. 5 MRSA §19204-A, sub-§2, ¶B, as amended by PL 1995, c. 404, §15, is further amended to read:

B. A written memorandum An entry in the medical record of the person being counseled summarizing the contents of the discussion given to the person being counseled; and

Sec. 3. 5 MRSA §19204-A, sub-§5 is enacted to read:

5.__Written information to person being counseled.__To comply with the requirements of this section regarding pretest counseling, in addition to meeting the requirements of subsection 1, the provider of an HIV test shall give to the person being counseled a written document containing information on the subjects described in subsection 1, paragraph A.__To comply with the requirements of this section regarding post-test counseling, in addition to meeting the requirements of subsection 2, the provider of an HIV test shall give to the person being counseled a written document containing information on the subjects described in subsection 2, paragraph A.__A written consent form or other document may be used to meet one or both of the requirements for information pursuant to this subsection if the form or document contains all the information required for the type of counseling being offered.

SUMMARY

This bill changes the way a person documents the counseling provided to another person before or after an HIV test is administered. Current law requires a written memorandum that summarizes the contents of the discussion be given to the person tested. This bill requires that an entry in the person's medical record summarizing the discussion must be made. The bill also