New Hampshire Revised Statutes 141-F:5 – Consent for Testing; Exceptions
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A physician or advanced practice registered nurse licensed or registered to practice in this state, an employee of a health care facility licensed under RSA 151, whether paid or unpaid, and an employee of a blood bank, blood center, plasma center, or agency which receives blood donations, whether paid or unpaid, may test when the patient has consented for the presence of an antibody or antigen to a human immunodeficiency virus in accordance with the most current testing and consent recommendations of the Centers for Disease Control and Prevention. Testing without consent may occur in the following situations:
I. Any blood bank, blood center, plasma center, or agency which purchases or receives donated whole blood, blood plasma, a blood product, or a blood derivative shall, prior to its distribution or use, subject such blood to a test which conforms to rules adopted by the commissioner under N.H. Rev. Stat. § 141-F:4.
II. A physician or advanced practice registered nurse licensed or registered to practice in this state who procures, processes, distributes, or uses a human body part, tissue, or fluid donated under N.H. Rev. Stat. Chapter 291-A may, without obtaining consent to the testing, test for the presence of an antibody or antigen to the human immunodeficiency virus, in accordance with rules adopted by the commissioner under N.H. Rev. Stat. § 141-F:4 in order to assure medical acceptability of the gift for the purpose intended.
III. A health care facility engaged in medical research may, without first obtaining consent to the testing, subject any body parts, fluids, or tissues to a test for the presence of an antibody or antigen to a human immunodeficiency virus in accordance with rules adopted by the commissioner under N.H. Rev. Stat. § 141-F:4 if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher.
IV. Individuals convicted and confined to a correctional facility pursuant to the order of a court, or committed to New Hampshire hospital, may be tested without obtaining written consent to the testing, when the results of such tests are necessary for the placement and management of such individuals in the facility, pursuant to the written policies and procedures of the chief administrator of the facility.
V. (a) A physician licensed to practice in this state, or a person authorized by the physician, may, without obtaining consent to the testing, test for the presence of an antibody or antigen to a human immunodeficiency virus:
(1) When the person being tested is incapable of giving informed consent; and
(2) When a test for the presence of an antibody or antigen to a human immunodeficiency virus is immediately necessary to protect the health of:
(A) The person; or
(B) An individual who has had an occupational exposure to the person’s blood or bodily fluids.
(b) When the test is performed under subparagraph (a) on a person who is incapable of giving informed consent, and when the reason for the test is to protect the health of another individual who has had an occupational exposure to that person’s blood or bodily fluids, neither the person who is incapable of giving informed consent nor that person’s insurer shall be billed for the cost of the test.
I. Any blood bank, blood center, plasma center, or agency which purchases or receives donated whole blood, blood plasma, a blood product, or a blood derivative shall, prior to its distribution or use, subject such blood to a test which conforms to rules adopted by the commissioner under N.H. Rev. Stat. § 141-F:4.
Terms Used In New Hampshire Revised Statutes 141-F:5
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. A physician or advanced practice registered nurse licensed or registered to practice in this state who procures, processes, distributes, or uses a human body part, tissue, or fluid donated under N.H. Rev. Stat. Chapter 291-A may, without obtaining consent to the testing, test for the presence of an antibody or antigen to the human immunodeficiency virus, in accordance with rules adopted by the commissioner under N.H. Rev. Stat. § 141-F:4 in order to assure medical acceptability of the gift for the purpose intended.
III. A health care facility engaged in medical research may, without first obtaining consent to the testing, subject any body parts, fluids, or tissues to a test for the presence of an antibody or antigen to a human immunodeficiency virus in accordance with rules adopted by the commissioner under N.H. Rev. Stat. § 141-F:4 if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher.
IV. Individuals convicted and confined to a correctional facility pursuant to the order of a court, or committed to New Hampshire hospital, may be tested without obtaining written consent to the testing, when the results of such tests are necessary for the placement and management of such individuals in the facility, pursuant to the written policies and procedures of the chief administrator of the facility.
V. (a) A physician licensed to practice in this state, or a person authorized by the physician, may, without obtaining consent to the testing, test for the presence of an antibody or antigen to a human immunodeficiency virus:
(1) When the person being tested is incapable of giving informed consent; and
(2) When a test for the presence of an antibody or antigen to a human immunodeficiency virus is immediately necessary to protect the health of:
(A) The person; or
(B) An individual who has had an occupational exposure to the person’s blood or bodily fluids.
(b) When the test is performed under subparagraph (a) on a person who is incapable of giving informed consent, and when the reason for the test is to protect the health of another individual who has had an occupational exposure to that person’s blood or bodily fluids, neither the person who is incapable of giving informed consent nor that person’s insurer shall be billed for the cost of the test.