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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XVI PUBLIC HEALTH
  • CHAPTER 111 PUBLIC HEALTH
  • Section 70F HIV test; informed consent; disclosure of results or identity of subject of test

Section 70F. A facility, as defined in section 70E, physician or health care provider shall not (1) test any person for the presence of the HIV antibody or antigen without first obtaining that person’s verbal informed consent; (2) disclose the results of such test to any person other than the subject of the test without first obtaining the subject’s written informed consent; or (3) identify the subject of such tests to any person without first obtaining the subject’s written informed consent. A written consent form shall state the purpose for which the information is being requested and shall be distinguished from written consent for the release of any other medical information.

No employer shall require HIV antibody or antigen tests as a condition for employment.

Whoever violates this section shall be considered to have violated section 2 of chapter 93A.

For the purpose of this section “written informed consent” shall mean a written consent form for each requested release of the results of an individual’s HIV antibody or antigen test or for the release of medical records containing such information.

It shall not be a violation of this section for any physician, health care provider, health care institution or laboratory to report information to the department of public health under chapter 111 or chapter 111D and regulations promulgated thereunder. No physician, health care provider, health care institution or laboratory required to report shall be liable in any civil or criminal action by reason of any such report.

This section shall not apply to premortem and postmortem serological testing for purposes of donation under chapter 113A.