Are there any exceptions to HIV testing without consent?
Individuals convicted of sexual crime and/or persons in custody of the justice system can be tested by court order. The courts may provide written consent for minors who are wards of the court. In the case of an incompetent person, the person’s parents, guardian, conservators or other persons legally authorized to make health care decisions can give written consent for an HIV test. U.S military service enlistees and new legal immigrants to the United States are tested without consent, however, it could be argued that joining the military and applying to be a citizen of the U.S. is a voluntary activity.
