THE PENNSYLVANIA CONFIDENTIALITY OF HIV-RELATED INFORMATION ACT (Act 148), as amended
In 1988, the Pennsylvania legislature passed the Confidentiality of HIV-Related Information Act, (otherwise known as Act 148) to prevent unauthorized HIV testing and disclosure of HIV-related information without the individual’s consent. In 2006, the Centers for Disease Control and Prevention (CDC) issued HIV testing recommendations designed to increase testing. Not all of the recommendations were permissible under Pennsylvania law. In July 2011, Act 148 was amended to allow the CDC recommendations to be legally implemented in Pennsylvania.
To see a side-by-side “before and after” comparison, click here.
The amendments, which affect only the Consent to Testing section, include new provisions and revisions to the original law.
• A health care provider may now offer opt-out HIV testing, which means the subject would be informed that the an HIV test will be performed, unless it is specifically refused.
• Informed written consent has been replaced by informed documented consent. The health care providers must document that pre-test information was provided, and that the subject gave informed consent or declined the offer of HIV testing.
• The requirement for the pretest counseling was removed, but consent shall still be preceded by an explanation of the test, including its purpose, potential uses, limitations and the meaning of its results.
• Negative test results need not be given in person (face-to-face).
Resources/Glossary:
Confidentiality of HIV-Related Information Act 
(commonly known as Act 148): This law describes Pennsylvania’s HIV testing protocol, which includes pre-test and post-test counseling. Act 148 also prohibits testing without the individual’s informed written consent, except in limited instances. (This is the old version of the law.)
Streamlined HIV testing under Act 148 
(February 2011)
Fundamental Principles for HIV Testing 
(August 2008)
AIDS Law Project testimony before the Pennsylvania Senate Committee on Public Health and Welfare opposing Senate Bill 1261. 
(May 14, 2008)
AIDS Law Project’s response to CDC HIV Testing Recommendations (September 2006)
For additional information on Amendments to Act 148, please visit AIDS Law Project founder and of counsel, David W. Webber’s AIDS and the Law website using the
following link:
