191.662. Department of mental health, permissive HIV testing without right of refusal, when--results of testing not to be reported to department of health and senior services, when.

Department of mental health, permissive HIV testing without right ofrefusal, when--results of testing not to be reported to department ofhealth and senior services, when.

191.662. 1. The department of mental health may perform or conduct HIVtesting or HIV sampling without the right of refusal on:

(1) Any individual participating in a methadone treatment program forthe treatment of intravenous drug abuse and who has refused to undergo suchtesting whenever there are reasonable grounds to believe that the individualis infected with HIV and is a reasonable health threat to others;

(2) Any individual under the care and custody of the department ofmental health who has refused to undergo testing whenever there are reasonablegrounds to believe that the individual is infected with HIV and is areasonable health threat to others, unless such testing is otherwiseprohibited by law.

2. The department of mental health shall not report to the department ofhealth and senior services the identity of any individual for whom HIV testingpursuant to this section confirms HIV infection if such reporting isprohibited by federal law or regulation.

(L. 1988 H.B. 1151 & 1044 § 5)

Effective 6-1-88