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Idaho Code Ann. § 39-4505, Blood Testing

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Permits physicians to order testing of a patient or deceased person’s blood for blood or body fluid transmitted diseases without prior consent if there was a significant exposure to the person’s blood that might result in transmission of a disease, the patient is incapable of giving consent, and the physician cannot obtain consent in accordance with § 39-4504 (providing a list of persons that may consent on behalf of an incapacitated patient). Requires test results to be reported to the Department of Health and Welfare and disclosed to the exposed person. Prohibits disclosure of the patient or deceased person’s name to the exposed person. Requires hospitals to create protocols for maintaining the confidentiality of test results and records. Classifies the willful or malicious disclosure of test results without valid authorization as a misdemeanor.

Current as of March 2020