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