ADVOKS GLOBAL · KENYA
HIV and AIDS Prevention and Control Act
14. Consent to HIV testing
Edition: 2022-12-31 · In force
14. Consent to HIV testing
(1)Subject to subsection (2), no person shall undertake an HIV test in respect of another person except—(a)with the informed consent of that other person;(b)if that person is a child, with the written consent of a parent or legal guardian of the child:Provided that any child who is pregnant, married, a parent or is engaged in behaviour which puts him or her at risk of contracting HIV may, in writing, directly consent to an HIV test;(c)if, in the opinion of the medical practitioner who wishes to undertake the HIV test, the other person has a disability by reason of which he appears incapable of giving consent, with the consent of—(i)a guardian of that person;(ii)a partner of that person;(iii)a parent of that person; or(iv)an adult offspring of that person:Provided that a medical practitioner may undertake the HIV test if the persons referred to in paragraphs (i), (ii), (iii) and (iv) are either absent or are unwilling to give consent;(d)where the person is required to undergo an HIV test under the provisions of this Act or any other written law.(2)Notwithstanding the provisions of subsection (1)—(a)a person who offers to donate any tissue shall be deemed to have consented to the HIV test required under section 9;(b)a person who offers to donate blood shall be deemed to have consented to the HIV test required in respect of such blood under section 10;(c)a medica1 practitIoner responsible for the treatment of a person may undertake an HIV test in respect of that person without the consent of the person if—(i)the person is unconscious and unable to give consent; and(ii)the medica1 practitioner reasonab1y believes that such a test is clinically necessary or desirable in the interest of that person.(3)Subject to section 17, a medical practitioner who undertakes an HIV test on a person under this section shall, if the person so requires, disclose the results of the HIV test to that person.(4)A person who contravenes the provisions of this section commits an offence.