[Durgical](https://durgical.com/en/) › [DurgiPedia](https://durgical.com/en/durgipedia/) › [Medical ethics](https://durgical.com/en/medical-ethics/) › [Ethics in clinical practice](https://durgical.com/en/medical-ethics/areas/practice/) › HIV: testing, consent and confidentiality in Colombia # HIV: testing, consent and confidentiality in Colombia - Topic HIV testing is done with consent and counselling; the result is confidential and may be disclosed only in the cases the rules set. Updated Nov 13, 2026 ## Key points - Testing with informed consent and counselling before and after (arts. 2.8.1.2.3 and 2.8.1.5.8). - Requiring the test to study, work, enter or reside in the country or access health services is prohibited (art. 2.8.1.3.10). - Mandatory notification to the health authority, with the name kept confidential; secrecy does not prevent notification (art. 2.8.1.3.9). - The doctor may disclose the diagnosis to a partner at risk, after counselling (art. 2.8.1.5.5). - No one may refuse to treat a person with HIV (art. 2.8.1.2.6); they may not be dismissed for that reason (art. 2.8.1.5.6). - WHO, five Cs: consent, confidentiality, counselling, correct results and connection. ## What it is HIV brings together almost every problem in clinical ethics: consent, confidentiality, the duty to protect third parties, mandatory reporting and discrimination. In Colombia the rules are in Decree 1543 of 1997, now compiled in the Single Regulatory Decree for the health sector (Decree 780 of 2016, Part 8, Title 1). WHO sums up good practice in five «Cs»: consent, confidentiality, counselling, correct results and connection to care. This page develops the HIV example from «The limits of confidentiality». ## Key facts - Art. 2.8.1.2.2: the test confirms a clinical suspicion with the person's informed consent, or is used in epidemiological studies. - Art. 2.8.1.2.4: the result is given by a doctor or another team member trained in counselling. - Art. 2.8.1.5.3: the health team keeps secret the consultation, diagnosis, course of the disease and all intimate information. - Art. 2.8.1.5.5: disclosure of the secret, for health reasons, may be made to the person, to relatives if useful for treatment, to those responsible for minors or incapable persons, to a partner or offspring at risk, and to authorities in cases set by law. - Art. 2.8.1.5.7: a person who knows of their infection must tell their sexual partner and the health team caring for them. - Art. 2.8.1.5.9: people deprived of liberty cannot be forced to take the test. - Art. 2.8.1.5.11: insurers and providers may not require the test for coverage or treat the infection as a pre-existing condition. ## Common situations and the applicable rule (Decree 780 of 2016) | Situation | Rule | Article | | --- | --- | --- | | A company asks for an HIV test before hiring | Prohibited | 2.8.1.3.10 | | A patient does not want to tell their partner | Counselling; the doctor may disclose to the partner at risk | 2.8.1.5.5 and 2.8.1.5.7 | | A newly diagnosed case | Mandatory notification, kept confidential | 2.8.1.3.9 | | A worker does not want to tell their employer | Not required to | 2.8.1.5.6 | | A service refuses to provide care | Sanctionable conduct | 2.8.1.2.6 | ## In clinical practice - Offer the test as part of care, explain its usefulness and respect refusal; do not order it secretly alongside other tests. - If the patient does not want to inform their partner, first persist with counselling and offer help; disclosure by the doctor is a last resort and is documented. - Do not write the diagnosis on certificates, cards or orders read by third parties; requiring a card that mentions HIV is prohibited (art. 2.8.1.3.14). - Connect the person to comprehensive care right away, including medicines (art. 2.8.1.2.7). ## Legal framework in Colombia - Decree 780 of 2016, Part 8, Title 1 (arts. 2.8.1.1.1 to 2.8.1.5.17): compiles the rules of Decree 1543 of 1997; each article cites its origin (for example, 2.8.1.5.5 comes from art. 34). - Decree 780 of 2016 repealed in full the sector's regulatory decrees on the same matters (art. 4.1.1), except, among others, those creating commissions and councils (art. 4.1.2); the National AIDS Council was placed in art. 1.1.3.2. - Statutory Law 1751 of 2015, art. 10, literals g and k: confidentiality of the medical record and privacy of health information. - Official texts checked on 2026-11-13 at funcionpublica.gov.co (Decree 780 of 2016 and Decree 1543 of 1997). ## Test yourself Think of the answer, then tap the question to see it. ## Can a company require an HIV test as a condition of hiring in Colombia? No. Decree 780 of 2016 (art. 2.8.1.3.10) prohibits requiring it to access or remain in employment. ## To whom may the doctor disclose an HIV diagnosis for health reasons? To the person, to relatives if useful for treatment, to those responsible for minors or incapable persons, to a partner or offspring at risk, and to authorities in legal cases (art. 2.8.1.5.5). ## Does professional secrecy prevent reporting an HIV case to the health authority? No. Notification is mandatory and the name is kept confidential (art. 2.8.1.3.9). ## What are WHO's five Cs for HIV testing? Consent, confidentiality, counselling, correct results and connection to care. ## Where are the rules of Decree 1543 of 1997 compiled today? In Decree 780 of 2016, the Single Regulatory Decree for the health sector, Part 8, Title 1. [Add to my cards (5)](https://durgical.app/estudiar/?add=/en/medical-ethics/hiv-testing-consent-and-confidentiality-in-colombia/) ## Connections ## Related 5 - [The limits of confidentiality: duty to warn and legal disclosure](https://durgical.com/en/medical-ethics/the-limits-of-confidentiality-duty-to-warn-and-legal-disclosure/) - [Professional secrecy and confidentiality](https://durgical.com/en/medical-ethics/professional-secrecy-and-confidentiality/) - [Informed consent: elements and how to obtain it](https://durgical.com/en/medical-ethics/informed-consent-elements-and-how-to-obtain-it/) - [Mandatory reporting: public health, violence and abuse](https://durgical.com/en/medical-ethics/mandatory-reporting-public-health-violence-and-abuse/) - [Fair opportunity and discrimination in health care](https://durgical.com/en/medical-ethics/fair-opportunity-and-discrimination-in-health-care/) [← All of medical ethics](https://durgical.com/en/medical-ethics/) Educational content on ethics and health law; not legal advice. Laws and case law change: each page links the official text and says when it was last checked. For a real case, read the text in force and ask a lawyer or the medical ethics tribunal. Sources: [Decreto 780 de 2016, Decreto Único Reglamentario del Sector Salud y Protección Social, Parte 8, Título 1 (VIH-SIDA)](https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=77813) (Función Pública, Gestor Normativo, 2016); [Decreto 1543 de 1997, manejo de la infección por VIH, SIDA y otras ETS](https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=75981) (Función Pública, Gestor Normativo, 1997); [Consolidated guidelines on HIV testing services](https://www.who.int/publications/i/item/978-92-4-155058-1) (World Health Organization, 2015); [Ley Estatutaria 1751 de 2015, art. 10](https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=60733) (Función Pública, Gestor Normativo, 2015). ## **Spotted a mistake?** We are always improving for the community. 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