House of Lords written question – answered am ar 14 Mawrth 2013.
Lord Turnberg
Llafur
To ask Her Majesty's Government what is their policy on testing for HIV in patients lacking capacity to give consent following a needlestick injury to a healthcare worker.
Earl Howe
The Parliamentary Under-Secretary of State for Health
Where a person lacks capacity to consent their rights are protected by the Mental Capacity Act 2005, which determines that decisions on behalf of such a person have to be made in their best interests.
The department's view is that both the taking of samples and the testing of samples previously obtained from a patient who lacks capacity to consent are therefore acts that may only be undertaken if they are in the best interests of the patient. This would include testing a patient for a serious communicable disease such as HIV following a needlestick injury to a healthcare worker.
The department's view is that determining whether it is in the best interests of a patient who lacks capacity to take and test samples for the purpose of determining what treatment, if any, to offer a healthcare worker with a needlestick injury is a stringent test to pass. It involves assessment of the individual circumstances of the patient on a case-by-case basis.
Yes0 people think so
No3 people think not
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