The treating HMO must obtain the patient's consent before conducting this test.
Section 120AC of the Health Act 1958 requires that
- a competent patient who is tested; and
- an incompetent patient at the time of testing who subsequently regains capacity,
must be counselled by a registered medical practitioner
The person counselled must be provided with details of the test conducted, the reasons why the test was conducted, the results of the test and, if the test indicated the presence of an infectious disease, the effects of that disease on an infected person and the risk to public health of the disease. If needed, advice can be sought from the Infectious Diseases Unit at any time regarding counselling of such patients including the implications of positive tests.