Section 7: HIV testing
consolidated text (as at 2008, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
7. HIV testing
(1) No person, other than a medical practitioner, shall make a request for
an HIV test on another person.
(2) Subject to subsections (3) and (5) and section 10, an HIV test on
another person shall not be undertaken, except with the informed consent of—
(a) the other person;
(b) his legal administrator or guardian, where the other person is a
minor; or
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(c) the guardian of the other person, where the latter is a “majeur
en tutelle”.
(3) A medical practitioner may request an HIV test on a person without
that person’s consent where—
(a) that person is required to undergo such test under this Act;
(b) that person has a disability by reason of which he appears, to
the medical practitioner, to be incapable of giving his consent,
provided that the medical practitioner is responsible for the
treatment of that person and he is of opinion that the health of
the person would be at immediate risk without the test.
(4) A medical practitioner who, in good faith, undertakes an HIV test under
subsection (2) shall not, by reason only of undertaking the test, be liable to
any civil or criminal liability under any enactment.
(5) A person may undertake an HIV test on a minor without the consent
of his legal administrator or guardian where the minor makes a written
request for such test and that person is satisfied that the minor understands
the nature of his request.