Consent & HIV Testing in Texas

HIV testing can benefit an individual, her sexual partners and her health care providers. Texas health officials recommend testing for anyone who believes that she may be at risk. However, the law allows people to chose for themselves.

Consent

• Health care providers must obtain verbal or written consent before submitting a patient's specimens for HIV testing. If a patient signs a form that generally consents to medical testing and procedures, this suffices as permission to conduct an HIV test.

Pregnant Women

• A medical staff member must tell pregnant women that HIV testing is standard procedure unless the patient refuses. The staff member who makes this announcement must record that she has done so. When the patient refuses an HIV test, a health care worker must provide information about testing's benefits and refer the patient to an anonymous testing site.

Minors

• Minors can obtain HIV testing without their parents' consent or knowledge. Texas law grants minors the right to seek treatment for sexually transmitted diseases without a guardian's permission. Testing for HIV falls within the scope of that privilege.

Reporting

• When an individual tests positive for HIV, a health care worker and a staff member from the laboratory which obtained the results are required to report the case to the Texas Department of Health. The patient does not need to consent before this information is shared.