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Revised Statutes of the State of New Hampshire §141-F:5

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“Consent for testing; exceptions under the public health law”

A health care professional may test a patient for HIV only with the patient’s consent. Testing without consent may only occur in the following situations:

  • Any blood bank, blood center, plasma center, or agency must, prior to the use of donated blood, conduct HIV tests.
  • A health care professional who procures a human body part, tissue or fluid may test for HIV to assure medical acceptability of the gift for the purpose intended.
  • A health care facility engaged in medical research may subject any body parts, fluids or tissues to a HIV test if the test subject is not known and may not be retrieved by the researcher.
  • Individuals convicted and confined to a correctional facility may be tested without consent when results are necessary for the placement and management of the individuals in the facilities.
  • A health care professional may perform a HIV test without consent when the person is incapable of providing consent and the test is necessary to protect the health of the person or an individual who had an occupational exposure to the person’s blood or bodily fluids.

Related laws:

Revised Statutes of the State of New Hampshire §141-F:4

Revised Statutes of the State of New Hampshire §141-F:6

Revised Statutes of the State of New Hampshire §417:4

Revised Statutes of the State of New Hampshire §632-A:10-b

 

 


Current as of June 2015