Texas Notice and Consent for HIV-Related Testing
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FAQ
Minor Consent to HIV Test Minors in Texas have the right to consent to the diagnosis and treatment of an infectious, contagious, or communicable disease that is reportable, including HIV (Texas Family Code Section 32.003). Providers should consider whether the minor has the capacity to consent.
No criminal statutes explicitly addressing HIV exposure, but prosecutions have arisen under general criminal laws. Texas's aggravated assault statute makes it a felony of the second degree to cause serious bodily injury to another or to use or exhibit a deadly weapon in the commission of an assault.
Doctors should encourage patients to take up HIV tests in the same way they promote many other tests. Testing should be undertaken with the patient's specific informed verbal consent which should be documented.
Separate written consent for HIV testing is not recommended. General informed consent for medical care that notifies the patient that an HIV test will be performed unless the patient declines (opt-out screening) should be considered sufficient to encompass informed consent for HIV testing.
Texas does not have criminal laws that specially address the knowing transmission of sexually transmitted diseases (STDs). In fact, Texas was the first state to repeal its HIV-criminal-transmission law in 1994. However, a person can still be prosecuted for transmitting HIV or other STDs under Texas's assault laws.
16.5 Consent for HIV Testing Patient consent is inferred unless the patient specifically declines the test. Minors who have the capacity to consent may also consent to HIV testing. For specific information related to Texas law on consent, refer to Texas Health and Safety Code: Informed Consent - H&S Code §81.105.
General medical consent Patients can consent to an HIV test by signing a general consent for medical care. The general medical consent form must give the patient an opportunity to refuse HIV testing (that is, an opportunity to opt out of being tested for HIV).
