HIV Testing Laws

Since the initial onslaught of HIV-related cases, laws have gotten tighter to protect the privacy of these patients. Some of this has to do with the stigma that still surrounds the disease as well as a general sense of patient confidentiality. In fact, most laws surrounding testing for HIV are designed to protect the patient's rights and confidentiality.

Cofidentiality

Confidentiality means that legally, any health care provider, mental health professional, or case worker with an ASO (AIDS Service Organization) cannot under any circumstances disclose information about a patient's HIV status without the permission of the patient, the patient's parent (if the patient is a child), or the patient's next of kin (if the patient is deceased).

Sexual Partner Notification

Some states require by law that if a person receives a positive HIV test result, all previous sexual partners must be immediately notified. The majority of services for HIV patients have programs in place to notify exposed partners anonymously.

Informed Consent Laws

Informed consent laws state that no patient can be given treatment for HIV without it being explained to them and without their consent.

Hospital Treatment

On hospital visits, patients cannot be tested without consent unless the patient needs emergency treatment. If the patient is mentally ill and unable to give consent, consent must be given by a family member before testing.

Disclosure

Being open about your HIV status does not mean that healthcare workers and other service providers do not need to follow confidentiality laws. Only the patient can make the decision to disclose their HIV status.

References

• ParalegalAdvice.org.za: "HIV and AIDS and the Law: Health and Medical Rights"

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