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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 138 Post test or authorisation counselling

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 138

Post test or authorisation counselling

    (1)     A person who—

        (a)     made an order in the circumstances specified in section 134(1)(c)(ii) or 134(5); or

        (b)     authorised the testing of a sample of blood or urine under section 135 in the circumstances specified in section 134(1)(c)(ii) or 134(5)—

must ensure that the relevant person is counselled by a registered medical practitioner in accordance with this section.

    (2)     The person tested or whose sample of blood or urine was tested must be counselled as soon as is practicable if the person has regained capacity to consent to testing after the testing.

    (3)     If the person tested under the order or whose sample of blood or urine was tested under an authorisation is dead or does not have or regain capacity to consent to testing, the person who made the order or gave the authorisation must ensure that the following are counselled by a registered medical practitioner

        (a)     in the case of a child, a parent; and

S. 138(3)(b) amended by No. 13/2019 s. 221(Sch. 1 item 42).

        (b)     in any other case, the medical treatment decision maker (within the meaning of the Medical Treatment Planning and Decision Act 2016 ) for the person tested.

    (4)     The person counselled must be provided with—

        (a)     details of the test conducted;

        (b)     the reasons why the test was conducted;

        (c)     the results of the test;

        (d)     if the test indicated the presence of an infectious disease

              (i)     the effects of the infectious disease on an infected person; and

              (ii)     the risk to public health of the infectious disease.