Informed consent not required; testing of persons convicted of certain criminal offenses; responsibility to administer and pay for test-N.M. Stat. Ann. § 24-2B-5.1

Consent does not always have to be given to conduct an HIV test if the individual is a convicted offender under a sexual criminal offense statute. To conduct an HIV test without consent, the district attorney must, at the request of the victim, petition the court to order such a test be performed no later than 48 hours. Results of such HIV tests may only be disclosed to the victim and the offender. If the offender is convicted and sentenced, the Department of Health is responsible for administering and paying for the test. If the offender is a minor, the Children, Youth, and Families Department is responsible for administering and paying for the test.