Bill Summary – FastDemocracy

OHIO LEGISLATIVE SERVICE COMMISSION
                                              Office of Research                              Legislative Budget
         www.lsc.ohio.gov                       and Drafting                                        Office
                             S.B. 275                               Bill Analysis
                  134th   General Assembly
                                                                     Click here for S.B. 275’s Fiscal Note
Version: As Introduced
Primary Sponsor: Sen. Antani
Effective Date:
Audra Tidball, Attorney
                                                         SUMMARY
                     Eliminates a provision that authorizes HIV testing only if necessary to provide diagnosis
                          and treatment of an individual.
                     Instead, authorizes HIV testing if the individual, or the individual’s parent or guardian,
                          has given general consent for care and has been notified that the test is planned and
                          that the individual may refuse.
                     Eliminates a requirement that individuals be notified of the right to an anonymous HIV
                          test, but retains the right to anonymous testing.
                                                DETAILED ANALYSIS
HIV testing and consent
        The bill makes several changes to facilitate routine HIV testing. It eliminates a provision
in current law that authorizes a health care provider to perform an HIV test only if necessary to
provide diagnosis and treatment to the individual to be tested. Instead, the bill authorizes a
health care provider to perform an HIV test (1) if the individual, or the individual’s parent or
guardian, has given general consent to treatment and (2) if the health care provider, or the
provider’s authorized representative, has notified the individual that the test is planned and
that the individual has a right to refuse it. The notification may be verbal or written, in person
or electronic, or any combination.1
       Consent for medical or other health care treatment is required under current law before
an HIV test may be performed, but the bill clarifies that the consent is general consent for that
treatment. The bill provides that if an individual or a parent or guardian has given general
1                 R.C. 3701.242(A).
                                                                                                             December 20, 2021
Office of Research and Drafting                LSC                            Legislative Budget Office
consent for care, no additional consent is required for HIV testing, so long as notice of the test
and the right to refuse was provided as required by the bill. If an individual refuses the test, it
must be noted in the individual’s medical record.2
      The bill eliminates a requirement that individuals be notified of the right to an
anonymous test, but retains the right to such a test.3
        The bill does not change other existing provisions regarding HIV testing, including those
that permit a minor to consent to an HIV test and that require post-test counseling for
individuals that test positive.4
                                        HISTORY
                             Action                                         Date
Introduced                                                12-14-21
S0275-I-134/ks
2   Id.
3   R.C. 3701.242(D).
4   R.C. 3701.242(B) through (E).
P a g e |2                                                                                    S.B. 275
                                                                                        As Introduced
Statutes affected: 
As Introduced: 3701.242