A message to HIV Counselors

The following letter was sent to anonymous HIV testing sites throughout California on February 14, 2001.

Asking clients for personal identifying information during "anonymous" HIV testing prevents real anonymous testing and may be illegal.

Text Taken From the Website of:
“In anonymous HIV testing, the identity of the test subject is not linked to the test result. In accordance with Health and Safety Code Sections 120885-120895, anonymous testing is available at Alternative Test Sites (ATS) administered by county health departments. HIV tests at these sites are free and test site counselors do not collect any identifying information (e.g. name, social security number, drivers license, etc.) from test subjects.”

This excerpt is quoted directly from the Office of AIDS. For the full text, please go to “A Brief Guide to California's HIV/AIDS Laws – 2000” at:
http://www.dhs.cahwnet.gov/ps/ooa/ooaindex.htm

Every test site should have a copy of The California Department of Health Services, Office of AIDS, HIV Counseling and Testing Guidelines – Current Edition (1997). (See Section IV, page 3):

“Operational Procedures for All Anonymous C&T Services Client Identification: Clients never provide their name or any other personal identifying information at any time during the course of anonymous service.”

If you are an HIVtest counselor or part of the management team at your test site or in your county government:

Please take the time to read the full text of the references listed above.

Think about and talk with your family members, coworkers, community leaders, and test clients about what “anonymous testing” means to them.

Ask for legal advice before breaching your clients’ anonymity.

The new HIV5 form, in effect as of January 1, 2001, jeopardizes anonymous testing in the state of California. As health workers, we need to maintain the trust we have earned in our communities and with our clients by talking with clients, co-workers, and State about the effects and implications of this form.

We support confidential HIV testing in addition to anonymous testing.The confidential testing link is made in the open with all parties giving informed consent. Confidential testing has legal safeguards built into the system. According to the Office of AIDS' own text, “In contrast to anonymous testing, confidential testing links the subject’s identity to the test result.”

Please also take a look at text directly from California's health and safety code. Particularly pertinent sections include 120975-121020 [especially 120980 (a), 120990 (c), 121015 (f)] and sections 120875-120895 (especially 120895)

STOP HIV 5
2339 Durant Ave. Berkeley, CA94704-1670
Voice: (800) 918-4392 Fax: (510) 548-1730
E-mail: hivfive@yahoo.com Web: www.berkeleyfreeclinic.org

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