H.I.V. TESTING MANDATED
C.R.S. § 25-4-1405 (8). Disease control by the state department of public health and environment and county, district, and municipal public health agencies.
(8) (a) No health care provider or other person, and no hospital, clinic, laboratory, or other private or public institution, shall test, or shall cause by any means to have tested, any specimen of any patient for HIV infection without the knowledge and consent of the patient; except that knowledge and consent need not be given:
(I) Where a health care provider or a custodial employee of the department of corrections or the department of human services is exposed to blood or other bodily fluids that may be infectious with HIV;
(II) When a patient's medical condition is such that knowledge and consent cannot be obtained;
(III) When the testing is done as part of seroprevalence surveys if all personal identifiers are removed from the specimens prior to the laboratory testing;
(IV) When the patient to be tested is sentenced to and in the custody of the department of corrections or is committed to the Colorado mental health institute at Pueblo and confined to the forensic ward or the minimum or maximum security ward of such institute;
(V) When a person is bound over for trial of a sexual offense as set forth in section 18-3-415 or 18-3-415.5, C.R.S., or subject to testing under section 18-7-201.5 or 18-7-205.5, C.R.S., and is tested by a health care provider or facility other than one that exclusively provides HIV testing and counseling;
(VI) When a pregnant woman is informed of the need for an HIV test and given the opportunity to decline the test as specified in section 25-4-201.
(b) Any patient tested for HIV infection pursuant to this subsection (8) without his knowledge and consent shall be given notice promptly, personally, and confidentially that a test sample was taken and that the results of such test may be obtained upon his request.
Source: L. 87: Entire part added, p. 1132, § 1, effective June 8; (6) amended, p. 1589, § 66, effective July 10. L. 88: (8)(a)(V) added, p. 729, § 2, effective July 1. L. 90: IP(3), (5), and (8)(a)(I) amended, (7.5) added, and (8)(a)(V) R&RE, pp. 1311, 1312, §§ 5, 6, effective May 24. L. 91: (7) amended, p. 996, § 2, effective April 20; (8)(a)(IV) amended, p. 1145, § 12, effective May 18. L. 94: IP(3) and (8)(a)(I) amended, pp. 2772, 2702, §§ 465, 256, effective July 1. L. 99: (8)(a)(V) amended, p. 1003, § 9, effective May 29. L. 2001: IP(7.5)(a) amended and (7.5)(c) added, p. 825, § 2, effective August 8. L. 2009: IP(8)(a) amended and (8)(a)(VI) added, (SB 09-179), ch. 112, p. 473, § 16, effective April 9. L. 2010: (1), (2), IP(3), (6), (7)(a), IP(7.5)(a), (7.5)(a)(II), and (7.5)(a)(III) amended, (HB 10-1422), ch. 419, p. 2097, § 104, effective August 11.
Editor's note: Subsection (7)(b)(II) provided for the repeal of subsection (7)(b), effective July 1, 1994. (See L. 91, p. 996.)
Cross references: (1) For HIV testing of applicants for insurance, see § 10-3-1104.5; for HIV testing of persons convicted of prostitution or patronizing a prostitute, see §§ 18-7-201.5 and 18-7-205.5.
(2) For the legislative declaration contained in the 1999 act amending subsection (8)(a)(V), see section 1 of chapter 254, Session Laws of Colorado 1999.
ANNOTATION
Am. Jur.2d. See 39 Am. Jur.2d, Health. §§ 16, 17, 52, 59-61, 63-68, 72.
Law reviews. For article, "Consent to Treatment and Access to Minors' Medical Records", see 17 Colo. Law. 1323 (1988).
Plaintiff's claim for invasion of privacy arising out of unauthorized blood testing for HIV not precluded by subsection (8)(b). By its grant of immunity in certain circumstances, the general assembly has recognized that civil actions may occur. Further, by granting such immunity in the absence of providing a specific civil remedy, the general assembly has not evinced any intent to preclude a person from bringing a civil action. In the absence of such, the common law provides the mechanism for enforcing the violation. Doe v. High-Tech Inst., Inc., 972 P.2d 1060 (Colo. App. 1998).