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including tissue and blood or blood products, donated for a purpose specified under the Uniform Anatomical Gift Act [repealed] or for transplant recipients or semen provided for the purpose of artificial insemination and the test is necessary to ensure medical acceptability of a recipient or the gift or semen for the purposes intended;

B. the performance of a test in bona fide medical emergencies when the subject of the test is unable to grant or withhold consent and the test results are necessary for medical diagnostic purposes to provide appropriate emergency care or treatment, except that post-test counseling or referral for counseling shall nonetheless be required when the individual is able to receive that post-test counseling. Necessary treatment shall not be withheld pending test results;

C. the performance of a test for the purpose of research 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; or

D. the performance of a test done in a setting where the identity of the test subject is not known, such as in public health testing programs and sexually transmitted disease clinics.

History: Laws 1989, ch. 227, § 5; 2000, ch. 36, § 2; 2003, ch. 342, § 1; 2007, ch. 108, § 2.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2007, ch. 323, § 35 repealed the Uniform Anatomical Gift Act, effective July 1, 2007. For comparable provisions, see Chapter 24, Article 6B, the Jonathan Spradling Revised Uniform Anatomical Gift Act.

Cross references. — For waiver of immunodeficiency virus test, see 24-2B-2 NMSA 1978.

The 2007 amendment, effective June 15, 2007, eliminated the waiver of informed consent for testing if the human immunodeficiency virus test is performed as part of routine medical care or as a routine prenatal test, unless the pregnant woman chooses not to have the test performed.

The 2003 amendment, effective June 20, 2003, added Subsection E.

The 2000 amendment, effective May 17, 2000, substituted "Section 24-2B-2 NMSA 1978" for "Section 1 of the Human Immunodeficiency Virus Test Act" in the preliminary language of the section, deleted former Subsection D, concerning the testing of health care workers, and redesignated former Subsection E as Subsection D.