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

Asked over 1 year ago - 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. Evan Matthew Oshan

    Contributor Level 11

    5

    Lawyers agree

    Answered . 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/understand....

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  2. Kevin Coluccio

    Contributor Level 20

    4

    Lawyers agree

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

  3. George Costas Andriotis

    Contributor Level 20

    5

    Lawyers agree

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

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Consent is typically required, with exceptions.

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