2005 Idaho Code - 39-4504 — BLOOD TESTING

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 45
                  THE MEDICAL CONSENT AND NATURAL DEATH ACT
    39-4504.  BLOOD TESTING. (1) A physician may consent to ordering tests of
a patient's or a deceased person's blood or other body fluids for the presence
of blood-transmitted or body fluid-transmitted viruses or diseases without the
prior consent of the patient if:
    (a)  There has been or is likely to be a significant exposure to the
    patient's or a deceased person's blood or body fluids by a person
    providing emergency or medical services to such patient which may result
    in the transmittal of a virus or disease; and
    (b)  The patient is unconscious or incapable of giving informed consent
    and the physician is unable to obtain consent pursuant to section 39-4503,
    Idaho Code.
    (2)  The department of health and welfare shall promulgate rules
identifying the blood-transmitted or body fluid-transmitted viruses or
diseases for which blood tests or body fluid tests can be ordered under this
section and defining the term "significant exposure" as provided in this
section.
    (3)  Results of tests conducted under this section which confirm the
presence of a blood-transmitted or body fluid-transmitted virus or disease
shall be reported to the director of the department of health and welfare in
the name of the patient or deceased person. The department records containing
such test results shall be used only by public health officials who must
conduct investigations. The exposed person shall only be informed of the
results of the test and shall not be informed of the name of the patient or
deceased person. Protocols shall be established by hospitals to maintain
confidentiality while disseminating the  necessary test result information to
persons who may have a significant exposure to blood or other body fluids and
to maintain records of such tests to preserve the confidentiality of the test
results.
    (4)  Any person who willfully or maliciously discloses the results of a
test conducted under this section, except pursuant to a written authorization
by the person whose blood was tested or by such person's authorized
representative, or as otherwise authorized by law, shall be guilty of a
misdemeanor.