Chapter III INFORMED CONSENT

1. (1) Subject to the provisions of this Act,—
   • (a) no HIV test shall be undertaken or performed upon any person; or
   • (b) no protected person shall be subject to medical treatment, medical interventions or research, except with the informed consent of such person or his representative and in such manner, as may be specified in the guidelines.
2. (2) The informed consent for HIV test shall include pre-test and post-test counselling to the person being tested or such persons representative in the manner as may be specified in the guidelines.

The informed consent for conducting an HIV test shall not be required—

1. (a) where a court determines, by an order that the carrying out of the HIV test of any person either as part of a medical examination or otherwise, is necessary for the determination of issues in the matter before it;
2. (b) for procuring, processing, distribution or use of a human body or any part thereof including tissues, blood, semen or other body fluids for use in medical research or therapy: Provided that where the test results are requested by a donor prior to donation, the donor shall be referred to counselling and testing centre and such donor shall not be entitled to the results of the test unless he has received post-test counselling from such centre;
3. (c) for epidemiological or surveillance purposes where the HIV test is anonymous and is not for the purpose of determining the HIV status of a person: Provided that persons who are subjects of such epidemiological or surveillance studies shall be informed of the purposes of such studies; and
4. (d) for screening purposes in any licensed blood bank.

No HIV test shall be conducted or performed by any testing or diagnostic centre or pathology laboratory or blood bank, unless such centre or laboratory or blood bank follows the guidelines laid down for such test.