(a) On and after January 1, 2024, an employee or a staff member of a hospital licensed under chapter 386v who is treating a patient thirteen years of age or older in the emergency department shall offer the patient an HIV-related test unless the employee or staff member documents that any of the following conditions have been met: (1) The patient is being treated for a life-threatening emergency; (2) the patient received an HIV-related test in the preceding year; (3) the patient lacks the capacity to provide general consent to the HIV-related test as required under subsection (a) of § 19a-582; or (4) the patient declines the HIV-related test. Any hospital employee or staff member offering an HIV-related test under this subsection shall comply with all requirements concerning HIV-testing and HIV-related information prescribed in chapter 368x.

(b) Prior to January 1, 2024, each hospital shall develop protocols, in accordance with the provisions of § 19a-582, for implementing the HIV-related testing required under subsection (a) of this section, including, but not limited to, the following: (1) Offering and providing such testing to a patient and notifying the patient of the results of such testing; (2) tracking and documenting the number of HIV-related tests that were performed, the number of HIV-related tests that were declined, and the results of the HIV-related tests; (3) reporting of positive HIV-related test results to the Department of Public Health pursuant to § 19a-215; and (4) referring patients who test positive for the human immunodeficiency virus to an appropriate health care provider for treatment of such virus. A hospital may collaborate with a municipal health department, district department of health, regional mental health board, emergency medical services council or community organization in developing and implementing such protocols.