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Confidentiality of HIV Testing – N.M. Stat. Ann. §24-2B-6

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A person or his or her agents who gives an HIV test to an individual may not disclose the identity of the person who is given the test or the results of the test, except to the following:

  1. The person being tested or his or her legal guardian or representative;
  2. Any person who is named in the legal release;
  3. Any employee, physician or agent of the health care facility if the facility is authorized to obtain results, or if the employee handles patient care or bodily fluids; 
  4. The department of health, if there are reporting requirements established;
  5. A health care facility or provider that handles body parts for transplants, handles semen, or blood products;
  6. Health facility staff that conduct program monitoring or evaluation;
  7. Medical or epidemiological researchers, who cannot further disclose identifying information about the person who was tested;
  8. Insurance companies

Current as of June 2015