HIV Testing Without Consent

All U.S. states and territories require that specific consent be obtained prior to HIV testing. What happens when patients cannot provide informed consent?

Despite advances in HIV diagnosis and treatment, the process of testing for HIV in the U.S. remains difficult because specific consent must be obtained beforehand. This requirement creates an awkward and potentially hazardous situation when a critically ill patient is unable to give informed consent; without knowledge of the patient’s immunosuppression status, the clinician’s decisions about diagnosis and treatment might not be fully informed. In a recent commentary in JAMA, Scott Halpern reviewed current U.S. policies concerning HIV testing without consent and outlined arguments for and against it.

All 53 U.S. states and territories currently require specific consent for HIV testing. In 26 (49%), the laws contain no exceptions to allow for …

Reviewing Author

Carlos del Rio, MD

HIV Testing Without Consent

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Reviewing Author