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Letter to Department of Veterans Affairs Regarding Proposed Rule — RIN 2900-AN20; "Elimination of Requirements for Prior Signature Consent and Pre- and Post-Test Counseling for HIV Testing"

Wednesday, January 28, 2009
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On January 28, 2009, Lambda Legal, along with the ACLU, the Center for HIV Law and Policy, and the AIDS Foundation of Chicago, submitted comments to the U.S. Department of Veterans Affairs (VA) in response to its proposal to eliminate HIV-specific rules on documenting informed consent and providing information before and after testing.

The requirements targeted for elimination are beneficial for patients because they specify the information individuals need in order to make informed decisions when they are offered HIV tests. These requirements also serve public health more broadly, by ensuring that everyone offered testing is informed about how the disease is and is not transmitted. The comments urge the VA to retain its current requirements in order to ensure that HIV testing is both informed and voluntary.