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Is it legal to run a Rapid HIV test on a patient without their consent?

Vancouver, WA |

Hi, I work in a medical laboratory in Washington State. Without going into specific details about the patient. Is it legal for a hospital to run a Rapid HIV test on a patient without their consent when dealing with an exposure?? I questioned the procedure and was told by management that it was okay. I did some research and found nothing saying it was legally standing for a hospital to order and run a HIV test on a patient without their consent. I appreciate your time and effort. Thank you

Attorney Answers 4


  1. Generally a release needs to be signed by you the patient before any test like this is done, you may want to check out this link regarding HIPPA: http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html.

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  2. A patients consent is always needed for testing with very few exceptions such as the patient being unconscious and needing immediate care b


  3. It is generally not legal to run tests on a patient without their consent.


  4. Consent is typically required, with exceptions.

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