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U.S. Virgin Islands Legal Resource

Virgin Islands LawHelp > Health > Aids/HIV

HIV and Confidentiality
by: Virgin Islands Community Aids Resource & Education (VICARE)
Q.	Under the US Virgin Islands law, am I required to take an HIV test?

A.	Generally, no. HIV testing is not mandatory for the public in the state of the Virgin Islands. In fact, it is not mandatory in any state. However, there are a few situations in which people are required to be tested. For example, anyone entering the military must be tested for HIV. Anyone who is pregnant must be tested for HIV. Any woman that is convicted of prostitution, she shall be examined by a physician and if found to be suffering from a venereal disease shall be placed under medical treatment in accordance with section 33 of title l9.

Q.	If I apply for health insurance, can the insurance company require me to get an HlV test?

A.	Yes. It is legal for an insurance company to test you for HIV if you are applying for insurance. Of course, no law says that you have to get that HIV test. But if you refuse to take an HIV test, the insurance company can legally refuse to offer you the insurance policy.

Q.	Do I have to get an HIV test to apply for a marriage license in the Virgin Islands?

A.	No. Unless you and your partner wants to take an HIV test.

Q.	Can I get an anonymous test?

A.	No. In the Virgin Islands, it is required that all test be treated as confidential. And anyone who releases a patient information be fined a penalty. However, a person a person does not have to show an identification when test is being administered.

Q.	What’s the difference between anonymous HIV test and confidential HIV test?

A.	An anonymous HIV test is one that does not have your name attached to it. Sometimes you will give the person taking the test a code to identify yourself, like a string of numbers. But when you test anonymously, your name should not appear on the test result. No one could use that test to know your HIV status. (Anonymous testing is not required in the Virgin Islands) A confidential HIV test does have your name on it. But the test result must be kept confidential, in accordance with Virgin Islands law. However, all positive test results are recorded to Department of Health.

Q.	I’m 15 years old. Can I get an HIV test without telling my parents?

A.	Yes. According to the Virgin Islands law, all individuals can consent to health care unless incapable of consenting under section 204 of Title 19.


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	Last Reviewed On: 02/10/03

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