In what cases can a provider test a source patient of an occupational exposure without that patients consent?
Situations may occur where a source patient in an instance of occupational exposure is unable to provide consent for HIV testing. The Family Health Care Decisions Act stipulates who is able to consent for care in a variety of circumstances like this. In cases of occupational exposures which create a significant risk of contracting or transmitting HIV infection, an anonymous test may be ordered without consent of the source patient if all of the following conditions are met: • the source person is deceased, comatose or is determined by his or her attending professional to lack mental capacity to consent, and • the source person is not expected to recover in time for the exposed person to receive appropriate medical treatment, and • there is no person available or reasonably likely to become available who has legal authority to consent in time for the exposed person to receive appropriate medical treatment, and • the exposed person will benefit medically by knowing the source person’s HI
Related Questions
- Is it allowable to include consent for occupational exposure testing and related disclosure on a facilitys general consent form?
- Is the type of HIV test specified for anonymous testing involving occupational exposure from a patient unable to give consent?
- If the source patient declines testing in a case of occupational exposure, may we test him anonymously?
