All reasonable steps should be taken to support the patient in making their own decision.
In the absence of an appointed power of attorney, the NHS Chief Legal Office advises that Scottish Law permits BBV testing in a person who is unconscious or lacks capacity, when it is necessary for that patient’s own health.
Where practically feasible, clinicians should complete a Section 47 certificate under the Adults with Incapacity (Scotland) Act before testing.
If a patient regains capacity after testing, the responsible clinician should, where feasible, inform them and/or direct them to the relevant poster or NHS Inform for further details on the ED Opt-Out Programme.
Whilst principles will be broadly similar, local practice may vary across sites and boards. Local SOPs should be consulted in instances where clarification is required.