(a) The department may establish and administer testing, examination, and screening procedures or programs to identify conditions of public health importance among individuals or communities in the Territory.
(b) In conducting any test, exam, or screening procedure or program, the department shall adhere to the following requirements:
(1) No test, exam, or screening shall be conducted without the prior informed consent of the individual (or legal representative) to whom the test or exam is being administered, except as otherwise provided in this act or other Territory law;
(2) No tests or exams shall be administered unless there is available a valid and reliable test or exam for the condition of public health importance;
(3) No screening shall be conducted unless the screening uses scientifically-sound methods that have an adequate predictive value;
(4) All testing, examination, or screening programs should identify a condition of public health importance that poses a threat to an individual or the public’s health and may be avoided, cured, alleviated, or made less contagious through safe and effective treatment, modifications in individual behavior, or public health interventions;
(5) Prior to testing, examination, or screening, the department must explain to the individual (or legal representative) the nature, scope, purposes, benefits, risks, and possible results of the test, exam, or screening; and
(6) In conjunction with or directly after the dissemination of the results of a test, exam, or screening, the department must fully inform the individual (or legal representative) of his or her results. If appropriate, the Department should provide counseling or inform the individual where such counseling services are available.
(c) The department may require testing or medical examination of any individual who has or may have been exposed to a contagious disease that poses a significant risk or danger to others or the public’s health.
(d) The department may establish compulsory screening programs for conditions of public health importance that pose a significant risk or seriously threaten the public’s health.
(e) The department may establish conditional screening programs when necessary to achieve an important public health objective. A conditional screening program should include:
(1) All individuals of a defined class are subjected to the screening, test or examination as a condition of participating in or receiving a service, privilege or benefit.
(2) If an individual refuses to undergo the screening, test or exam, the Department may prevent that individual from participating in or receiving the service, privilege or benefit.
(f) The department may establish routine, regular, and ongoing screening programs for conditions of public health importance. All individuals of a defined class are subjected to the screening, test or exam unless they choose to “opt-out” (individuals refuse to consent to the screening, test or examination).
History: 2007, PL 30-11.