71-531 Test; written informed consent required; anonymous testing; exemptions.
71-531. Test; writteninformed consent required; anonymous testing; exemptions.(1)(a) No person may be tested for the presence of the human immunodeficiencyvirus infection unless he or she has given written informed consent for theperformance of such test. The written informed consent shall provide an explanationof human immunodeficiency virus infection and the meaning of both positiveand negative test results.(b) If a person signs a general consent form for the performanceof medical tests or procedures which informs the person that a test for thepresence of the human immunodeficiency virus infection may be performed andthat the person may refuse to have such test performed, the signing of anadditional consent for the specific purpose of consenting to a test relatedto human immunodeficiency virus is not required during the time in which thegeneral consent form is in effect.(2) If a person is unable to provide consent, the person'slegal representative may provide consent. If the person's legal representativecannot be located or is unavailable, a health care provider may authorizethe test when the test results are necessary for diagnostic purposes to provideappropriate medical care.(3) A person seeking a human immunodeficiency virus testshall have the right to remain anonymous. A health care provider shall confidentiallyrefer such person to a site which provides anonymous testing.(4) This section shall not apply to:(a) The performance by a health care provider or a healthfacility of a human immunodeficiency virus test when the health care provideror health facility procures, processes, distributes, or uses a human bodypart for a purpose specified under the Revised UniformAnatomical Gift Act and such test is necessary to assure medical acceptabilityof such gift for the purposes intended;(b) The performance by a health care provider or a healthfacility of a human immunodeficiency virus test when such test is performedwith the consent and written authorization of the person being tested andsuch test is for insurance underwriting purposes, written information aboutthe human immunodeficiency virus is provided, including, but not limited to,the identification and reduction of risks, the person is informed of the resultof such test, and when the result is positive, the person is referred forposttest counseling;(c) The performance of a human immunodeficiency virus testby licensed medical personnel of the Department of Correctional Services whenthe subject of the test is committed to such department. Posttest counselingshall be required for the subject if the test is positive. A person committedto the Department of Correctional Services shall be informed by the department(i) if he or she is being tested for the human immunodeficiency virus, (ii)that education shall be provided to him or her about the human immunodeficiencyvirus, including, but not limited to, the identification and reduction ofrisks, and (iii) of the test result and the meaning of such result;(d) Human immunodeficiency virus home collection kits licensedby the federal Food and Drug Administration; or(e) The performance of a human immunodeficiency virus testperformed pursuant to section 29-2290 or sections 71-507 to 71-513 or 71-514.01to 71-514.05. SourceLaws 1994, LB 819, § 5; Laws 1997, LB 194, § 1; Laws 2009, LB288, § 33; Laws 2010, LB1036, § 35.Operative Date: January 1, 2011 Cross ReferencesRevised Uniform Anatomical Gift Act, see section 71-4824.