Section 70F HLTV-III test; confidentiality; informed consent - Massachusetts Statutes

Section 70F. No health care facility, as defined in section seventy E, and no physician or health care provider shall (1) test any person for the presence of the HTLV-III antibody or antigen without first obtaining his written informed consent; (2) disclose the results of such test to any person other than the subject thereof without first obtaining the subject’s written informed consent; or (3) identify the subject of such tests to any person without first obtaining the subject’s written informed consent.

No employer shall require HTLV-III antibody or antigen tests as a condition for employment.

Whoever violates the provisions of this section shall be deemed to have violated section two of chapter ninety-three A.

For the purpose of this section “written informed consent” shall mean a written consent form for each requested release of the results of an individual’s HTLV-III antibody or antigen test, or for the release of medical records containing such information. Such written consent form shall state the purpose for which the information is being requested and shall be distinguished from written consent for the release of any other medical information, and for the purpose of this section “HTLV-III test” shall mean a licensed screening antibody test for the human T-cell lymphotrophic virus type III.