Section 29. HIV Testing.— As a policy, the State shall encourage voluntary HIV testing. Written consent from the person taking the test must ’oe obtained before HIV testing.
HIV testing shall be made available under the following circumstances:
In keeping with the principle of the evolving capacities of the child as defined in Section 3(i) of this Act, if the person is fifteen (15) to below eighteen (18) years of age. consent to voluntary HIV’ testing shall be obtained from the child without the need of consent from a parent or guardian;
In keeping with the mature minor doctrine as defined in Section 3(bb) of this Act, any young person aged below fifteen (15) who is pregnant or engaged in high-risk behavior shall be eligible for HIV testing and counseling, with the assistance of a licensed social worker or health worker. Consent, to voluntary HIV testing shall be obtained from the child without the need of consent from a parent or guardian; and
In all other cases not covered by (b) of this section, consent to voluntary HIV testing shall be obtained from the child’s parents or legal guardian if the person is below fifteen (15) years of age or is mentally incapacitated. In cases when the child’s parents or legal guardian cannot be located despite reasonable efforts, or if the child’s parents or legal guardian refused to give consent, it shall be obtained from the licensed social worker or health worker. To protect the best interest of the child, the assent of the minor shall also be required prior to the testing.
In every circumstance, proper counseling shall be conducted by a social worker, a health care provider, or other health care professional accredited by the DOH or the DSVVD.
HIV testing guidelines issued by the DOH shall include guidance for testing minors and for the involvement of parents or guardians in HIV testing of minors.
The State shall continually review and revise, as appropriate, the HIV diagnostic algorithm based on current available laboratory technology and evidence.