Informed Consent for HIV Testing
All pathology testing requires informed consent, given verbally. Informed consent includes that the person being tested understands:
- the type of test
- the reasons for testing
- the potential implications of not being tested.
Using their professional judgment, clinicians can:
- explain the testing procedure
- assess the person’s understanding of the HIV test results
- inform the person being tested about how they will get their results (note: clinicians should ensure that they confirm the patient’s phone number)
See section Mandatory and compulsory screening and testing (located in chapter: Indications for HIV Testing) for rare occasions when a legal order is made for compulsory testing or in emergency settings.
When offering testing to patients with low English proficiency, clinicians who do not speak the preferred language of the patient should use an accredited interpreter obtain informed consent. There are publicly funded health interpreting services available in most states and territories. The Translating and Interpreting Service (TIS National) is available to registered health services 24 hours a day. TEL: 1300 131 450.
When informed consent cannot be provided by the patient
Professional judgment should be exercised in determining whether a person has capacity to make a decision to undergo an HIV test. In cases where the patient has an appointed guardian, consent must be obtained from that person. Where no formal appointment has been made, consent should be sought from another person or agency legally authorised to make such decisions on behalf of the patient, usually their partner (provided there continues to be a relationship), carer or close relative or friend. The potential impact of the test result on the person being asked to provide consent needs to be considered.
In an emergency situation, when no guardian or appropriate person can be identified, professional judgment should be used in requesting an HIV test. See the HIV/AIDS Legal Centre matrix for the hierarchy of responsibility in each jurisdiction.
Acknowledgement of Country