5. (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.
Prohibition
of certain
acts.
Informed
consent for
undertaking
HIV test or
treatment.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
(2) The informed consent for HIV test shall include pre-test and post-test counselling
to the person being tested or such person’s representative in the manner as may be specified
in the guidelines.
6. The informed consent for conducting an HIV test shall not be required—
(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;
(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;
(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
(d) for screening purposes in any licensed blood bank.
7. 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.