Additional information. Florida has a rule regarding HIV testing in a health care setting. The link is
HERE . However, the language is not entirely clear as to what is required within a health care setting. The person must be informed a test is being done. An attorney might be able to interpret. The language does not require any pre-test counseling.
The person doing the test, which might be either the doctor or the lab or both is required to notify that the test is "planned". Does that mean simply saying "we are drawing blood for screening tests" is enough? Or is there a requirement to specify that HIV testing is being done? See below. The rule has specific requirements for the person ordering the tests as to how results are to be handled which suggests they are differentiating ordering the test from performing the test. But, if the refusal to be tested must be recorded in the medical record that strongly suggests the burden to inform rests on the entity with the medical record, the doctor.
Model Protocol for HIV Counseling and Testing in Health Care Settings
...In Florida, HIV testing is established and governed by section 381.004, Florida Statutes, Florida Administrative Code Rule 64D-2.004, Internal Operating Procedures, and Model Protocols, all of which are in line with the HIV testing guidelines issued by the Centers for Disease Control and Prevention.
Section 2. HIV Testing in Other Health Care Settings
1. Pre-test counseling is not required
2. Notification
No person shall perform an HIV test without first notifying the person to be tested that the test is planned and that he or she has the right to refuse. Limited exceptions can be found in section 381.004(2)(h), Florida Statutes, and in Florida Administrative Code Rule 64D-2.004(1).
Notification may be oral or in writing. Refusal to test shall be documented in the medical record. Special provisions for hospitals are listed in section 381.004(2)(g), Florida Statutes.
3. Notification of Test Results
The person ordering the test, or that person's designee, shall ensure that all reasonable efforts are made to notify the test subject of his or her test result.
A call to the Florida Health Department which is in charge of this part of the law might be useful.
They may refer you back to the general statute
FL 381.004 section (2a) which says this:
2) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED CONSENT; RESULTS; COUNSELING; CONFIDENTIALITY.—
(a) Before performing an HIV test:
1. In a health care setting,
the person to be tested shall be notified orally or in writing that the test is planned and that he or she has the right to decline the test. If the person to be tested declines the test, such decision shall be documented in the medical record. A person who has signed a general consent form for medical care is not required to sign or otherwise provide a separate consent for an HIV test during the period in which the general consent form is in effect. [my bolding]
I would strenuously argue that this paragraph not requiring a separate consent does not relieve the requirement for notification. Those are not the same. But I am not a lawyer. I might just send a copy of this law to the medical office and ask if there is documentation that your parents were informed of their right to decline the test or even informed the test was to be done as the statute seems to require.