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Informed consent not required; testing of persons who are source individuals-N.M. Stat. Ann. § 24-2B-5.3

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Consent does not always have to be given to conduct an HIV test if the individual is a source individual who significantly exposed another individual. To conduct an HIV test without consent, the exposed individual must petition the court to order such a test be performed, so long as the test if first conducted on the exposed individual. Prior to issuing such an order, the court must determine there is good cause at the end of a hearing on the matter. Results of such HIV tests may only be disclosed to the victim and the offender. The test must be performed within 3 days of the court order.


Current as of June 2015