0001| HOUSE BILL 265 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| WILLIAM E. PORTER | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO HEALTH AND SAFETY; AMENDING THE HUMAN | 0012| IMMUNODEFICIENCY VIRUS TEST ACT TO ALLOW EMERGENCY PERSONNEL TO | 0013| HAVE PATIENTS TESTED WITHOUT INFORMED CONSENT UNDER CERTAIN | 0014| CONDITIONS. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 24-2B-5 NMSA 1978 (being Laws 1989, | 0018| Chapter 227, Section 5) is amended to read: | 0019| "24-2B-5. INFORMED CONSENT NOT REQUIRED.--Informed | 0020| consent for testing is not required and the provisions of | 0021| Section [1 of the Human Immunodeficiency Virus Test Act] 24- | 0022| 2B-2 NMSA 1978 do not apply for: | 0023| A. a health care provider or health facility | 0024| performing a test on the donor or recipient when the health | 0025| care provider or health facility procures, processes, | 0001| distributes or uses a human body part, including tissue and | 0002| blood or blood products, donated for a purpose specified under | 0003| the Uniform Anatomical Gift Act or for transplant recipients or | 0004| semen provided for the purpose of artificial insemination and | 0005| such test is necessary to assure medical acceptability of a | 0006| recipient or such gift or semen for the purposes intended; | 0007| B. the performance of a test in bona fide medical | 0008| emergencies when the subject of the test is unable to grant or | 0009| withhold consent and the test results are necessary for medical | 0010| diagnostic purposes to provide appropriate emergency care or | 0011| treatment, except that post-test counseling or referral for | 0012| counseling shall nonetheless be required when the individual is | 0013| able to receive that post-test counseling. Necessary treatment | 0014| shall not be withheld pending test results; | 0015| C. the performance of a test for the purpose of | 0016| research if the testing is performed in a manner by which the | 0017| identity of the test subject is not known and may not be | 0018| retrieved by the researcher; | 0019| D. the performance of a test in order to provide | 0020| appropriate care or treatment to a health care worker who may | 0021| have been exposed to excessive amounts of blood or bodily | 0022| fluids when the [subject of the test is unable to grant or | 0023| withhold consent and the] test results are necessary for | 0024| medical diagnostic purposes; or | 0025| E. the performance of a test done in a setting | 0001| where the identity of the test subject is not known, such as in | 0002| public health testing programs and sexually transmitted disease | 0003| clinics." | 0004|  |