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What are the exceptions to the mandatory offer of HIV testing in the hospital, diagnostic and treatment center, and primary care settings noted in the law?

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What are the exceptions to the mandatory offer of HIV testing in the hospital, diagnostic and treatment center, and primary care settings noted in the law?

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The law does not require an offer of testing to be made: • When the individual is being treated for a life threatening emergency. • When the individual has previously been offered or has been the subject of an HIV related test (unless otherwise indicated due to risk factors). • When the individual lacks the capacity to consent (and no other appropriate person is available to provide consent).

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The law does not require an offer of testing to be made: • When the individual is being treated for a life threatening emergency. • When the individual has previously been offered or has been the subject of an HIV related test (unless otherwise indicated due to risk factors). • When the individual lacks the capacity to consent (though in these cases the offer may also be made to an appropriate person who is available to provide consent on behalf of the patient).

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