Informed Consent Implied Under Certain Circumstances

When a written consent for HIV testing has not been obtained, consent shall be implied when an individual presents himself to a physician for diagnostic treatment or other medical services and the physician shall determine that a test for HIV infection is necessary for any of the following reasons: (1) Said individual is, based upon reasonable medical judgment, at high risk for HIV infection; (2) Said individual’s medical care may be modified by the presence or absence of HIV infection; (3) The HIV status of the said individual shall be necessary in order to protect health care personnel from HIV infection. (Acts 1991, No. 91-120, p. 140, §2(c).)