Regulation 4 HIV testing services

(1)

Subject to paragraph (2) of this regulation, a person who provides another with HIV testing services^f1 shall be guilty of an offence, unless—

(a)

he is a registered medical practitioner; or

(b)

he provides the services in accordance with the directions of a registered medical practitioner; or

(c)

he provides the services as technical services, such as testing a sample of blood,—

(i)

in accordance with a request made by a registered medical practitioner, or

(ii)

for the purposes of detecting the presence of HIV or HIV antibodies in blood given for the purpose of being used for transfusions of blood (whether whole blood, plasma or other blood products).

(2)

A person shall not be guilty of an offence under paragraph (1) above if he proves that, after having exercised all due diligence, he had a reasonable belief that he was providing the services in the circumstances specified in sub-paragraph (b) or (c) of that paragraph.

Annotations

Footnotes

f1: Section 23(6) provides that “HIV testing services” means diagnostic services the purpose of which is to detect the presence of HIV or HIV antibodies in identifiable individuals.