(a) Except as noted in paragraph (b)(2) of this section, no physician or other person authorized pursuant to law may order an HIV-related test without obtaining written informed consent.

1. (1) Informed consent shall consist of providing to the youth to be tested or, if such youth lacks capacity to consent, as defined in section 164.4(d) of this Part to the person lawfully authorized to consent to health care for such person, pretesting counseling that includes:

   1. (i) explanations regarding the nature of HIV infection and HIV-related illness, benefits of the test and its results, an explanation of the HIV-related test and results, the accuracy of the HIV-related test, the significance and benefits of the test and its result; and the benefits of taking the test, including early diagnosis and medical intervention;
   2. (ii) information regarding discrimination problems which might occur as a result of unauthorized disclosure of HIV-related information and legal protections prohibiting such disclosures;
   3. (iii) information on preventing exposure or transmission of HIV infection, including behavior which poses a risk of HIV transmission; and

   4. (iv) an explanation that the test is voluntary and that consent may be withdrawn at any time; information on the availability of anonymous HIV testing, including the location and telephone numbers of anonymous test sites.

      (b)

2. (1) Written informed consent must be executed on a form developed or approved by the Department of Health, pursuant to that department's regulations found at 10 NYCRR section 63.4(a).

3. (2) Informed consent is not required in the following situations:

   1. (i) for court ordered testing pursuant to Civil Practice Law and Rules, section 3121;
   2. (ii) if otherwise authorized or required by State or Federal law;
   3. (iii) for testing related to procuring, processing, distributing or use of human body or human body part, including organs, tissue, eyes, bones, arteries, blood, semen or other body fluids for use in medical research or therapy, or for transplantation to persons, provided that if the test results are communicated to the tested person, post-test counseling is required;
   4. (iv) for research if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher;
   5. (v) for testing of a deceased to determine cause of death or for epidemiological purposes.

(c) Post-testing counseling, and referrals with respect to a positive or negative test result, shall be provided to the person who consented to the test. Such post-test counseling and referrals must address:

1. (1) coping emotionally with the test results;
2. (2) discrimination issues;
3. (3) information on the ability to release or revoke the release of confidential HIV-related information;
4. (4) information on preventing exposure to or transmission of HIV infection and the availability of medical treatment; and
5. (5) the need to notify contacts to prevent transmission, including information on State or county assistance in voluntary contact notification, if appropriate.