Chapter 24, Article 2B NMSA 1978 may be cited as the “Human Immunodeficiency Virus Test Act”. History: Laws 1989, ch. 227, § 1; 1993, ch. 107, § 1. ANNOTATIONS The 1993 amendment, effective July 1, 1993, substituted “Chapter 24, Article 2B NMSA 1978” for “This act”. Am. Jur. 2d, A.L.R. and C.J.S. references. — Child […]
No person shall perform a test designed to identify the human immunodeficiency virus or its antigen or antibody without first obtaining the informed consent of the person upon whom the test is performed, except as provided in Section 24-2B-5, 24-2B-5.1, 24-2B-5.2 or 24-2B-5.3 NMSA 1978. Informed consent shall be preceded by an explanation of the […]
Informed consent shall be obtained from a legal guardian or other person authorized by law when the person is not competent. A minor shall have the capacity to give informed consent to have the human immunodeficiency virus test performed on himself. History: Laws 1989, ch. 227, § 3.
No positive test result shall be revealed to the person upon whom the test was performed without providing or referring that person for individual counseling about: A. the meaning of the test results; B. the possible need for additional testing; C. the availability of appropriate health care services, including mental health care, social and support […]
Informed consent for testing is not required and the provisions of Section 24-2B-2 NMSA 1978 do not apply for: A. a health care provider or health facility performing a test on the donor or recipient when the health care provider or health facility procures, processes, distributes or uses a human body part, including tissue and […]
A. A test designed to identify the human immunodeficiency virus or its antigen or antibody may be performed, without the offender’s consent, on an offender convicted pursuant to state law of any criminal offense: (1) involving contact between the penis and vulva; (2) involving contact between the penis and anus; (3) involving contact between the […]
A. A test designed to identify the human immunodeficiency virus or its antigen or antibody may be performed, without the person’s consent, on a person upon the filing of a complaint, information or an indictment alleging that the person committed a state criminal offense: (1) involving contact between the penis and vulva; (2) involving contact […]
A. As used in this section: (1) “exposed individual” means a health care provider, first responder or other person, including an employee, volunteer or independent contracted agent of a health care provider or law enforcement agency, while acting within the scope of his employment; or a person who, while receiving services from a health care […]
A. No person or the person’s agents or employees who require or administer the test shall disclose the identity of any person upon whom a test is performed or the result of such a test in a manner that permits identification of the subject of the test, except to the following persons: (1) the subject […]
No person to whom the results of a test have been disclosed may disclose the test results to another person except as authorized by the Human Immunodeficiency Virus Test Act. Whenever disclosure is made pursuant to that act, it shall be accompanied by a statement in writing that includes the following or substantially similar language: […]
Nothing in the Human Immunodeficiency Virus Test Act shall be construed to prevent a person who has been tested from disclosing in any way to any other person his own test results. Any victim of an alleged criminal offense who receives information pursuant to Section 24-2B-5.2 NMSA 1978 may disclose the test results as is […]
A person who makes an unauthorized disclosure of the results of a test designed to identify the human immunodeficiency virus or its antigen or antibody is guilty of a petty misdemeanor and shall be sentenced to imprisonment in the county jail for a definite term not to exceed six months or the payment of a […]
