[Code of Federal Regulations]

[Title 38, Volume 1]

[Revised as of July 1, 2007]

[CITE: 38CFR17.32]

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    (d) Documentation of informed consent. (1) The informed consent process must be appropriately documented in the medical record. In addition, signature consent is required for all diagnostic and therapeutic treatments or procedures that:

    (i) Require the use of sedation;

    (ii) Require anesthesia or narcotic analgesia;

    (iii) Are considered to produce significant discomfort to the patient;

    (iv) Have a significant risk of complication or morbidity;

    (v) Require injections of any substance into a joint space or body cavity; or

    (vi) Involve testing for Human Immunodeficiency Virus (HIV).

    (g) Special consent situations. In addition to the other requirements of this section, additional protections are required in the following situations. ...

   (4) Testing for Human Immunodeficiency Virus (HIV) must be voluntary and must be conducted only with the prior informed and (written) signature consent of the patient or surrogate. Patients who consent to testing for HIV must sign VA form 10-012, “Consent for HIV Antibody Testing.'' This form must be filed in the patient's medical record. Testing must be accompanied by pre-test and post-test counseling.