| Legal Requirements |
CONN. GEN.
STAT. §19a-582(b) requires that any person having an HIV test, or
the person authorized to consent to health care for such person, be provided by the health
provider with an explanation of HIV related illness and risk behaviors known to transmit
HIV infection before providing informed consent. CONN. GEN. STAT. 19a-582(e)(10) does not require informed
consent (including pre- and post-test counseling) when the test is subsequent to a
prior confirmed test and the subsequent test is part of a series of repeated testing for
the purpose of medical monitoring and treatment provided
· the individual (or guardian) has previously given informed consent and has been
counseled concerning medical treatment and behavioral changes necessary to reduce HIV
transmission
· the individual (or guardian), after consultation with the health care provider, has
declined reiteration of the specific informed consent, counseling and education
· a notation to that effect has been entered into the individual’s medical
record.
|
| Information Required to be Provided |
The information required to be provided to the person having
the HIV test by the health provider or the person authorized to consent to health care
shall include an explanation of the:
· test and its purpose
· meaning of the test results
· benefits of early diagnosis and medical intervention
· fact that refusal to consent to such test may, in some circumstances, affect the
provider’s ability to diagnose and treat the illness
· procedures to be followed, including that the test is voluntary, and a statement
advising the subject on the availability of anonymous testing
· confidentiality protection afforded HIV related information including the
circumstances under which, and the classes of persons to whom, disclosure of such
information may be required, authorized or permitted by law.
|
| Informed Consent Required of Minor |
Though a child of sufficient intellectual capacity, maturity
and stability may not require parental consent, the child is required to comply with CONN.
GEN. STAT. §19a-582 to sign a statement of Informed Consent. |
| Parent/Guardian Authorization |
Written informed consent for testing may be given by the
parent/guardian as long as they retain parental rights. Parental consent
for testing is required when the child is in care through voluntary placement, delinquency
commitment or Family With Service Needs (FWSN) commitment.
The parent’s signature is required on the following forms:
· DCF-2135 "Delegation of Authority for HIV Testing"
· DCF-2134 "HIV Authorization for Release of Information".
Note: If it is not practical for written
consent to be obtained prior to testing, informed consent may be provided verbally with a
notation of such recorded in the medical section of the Uniform Case Record as soon as
possible after talking with the parent or guardian. Subsequently, written consent must be
obtained. |
| Testing Without Parent /Guardian Consent |
An HIV test may be performed without
parental/guardian consent if:
· requested by a child/youth (of sufficient intellectual capacity,
maturity and stability to understand the seriousness of the test) if the minor is
consenting to his/her own testing in accordance with the provisions of CONN. GEN. STAT.
§19a-582. The minor is required to sign an order of informed consent.
· a physician determines that notification to the parents or guardian
will result in testing or treatment being denied or the physician determines the minor
will not seek, pursue or continue treatment if the parents or guardian are notified and
the minor requests that his parents or guardian not be notified (provisions in CONN. GEN.
STAT. §19a-592.)
· ordered by Superior Court (provision in CONN. GEN. STAT. §19a-581
through §19a-590 is extremely restricted).
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| DCF as Guardian |
Authorization for HIV confidential testing
shall be given by the regional administrator or designee upon recommendation of the
Regional Resource Group nurse using form DCF-2138.
Informed consent may be provided by the Department when it is acting as
the child’s/youth’s guardian.
The social worker or supervisor (not the foster parent) shall sign the
informed consent form provided by the physician after the regional administrator has given
authorization for testing. |
