Under the new law a minor will receive either a fine or 8 hours of community service and may also be required to attend educational classes.
A second offense will result in a first degree misdemeanor, and a third offense will result in a third degree felony.
No need to alter the practice of infected HCW unless health status and functional ability interfere with performance of specific procedures.
Any images sent or received within a 24 hour period will be treated as one offense.
In addition, a minor who is sent improper images and (i) did not solicit the images, (ii) took reasonable steps to report the images to a parent, guardian, school official or law enforcement officer, and (iii) did not distribute the image, then the minor will not be charged with a sexting offense.
Thus, the potential negative consequences of HIV testing at a particular time or location might inform an individual's decision of whether or when to get tested for HIV; or whether to test anonymously or through a "confidential" testing process that reports their test results and identifying information to the state but maintains the confidentiality of those results.
The American Medical Association has long defined informed consent as a process of communication between a patient and physician that results in the patient's authorization or agreement to undergo a specific medical intervention.
Please contact your legal advisor for any legal advice or legal opinions.
Furthermore, the content and information on this page is copyrighted material to the extent such material is not an excerpt from the law itself.
61A-3.052 indicates that this regulation has been in force, unchanged, from February 28, 1994 to date.
While we have made an effort to ensure that this information is correct and current, the law is regularly changing, and we cannot guarantee the accuracy of the information provided.
Decision should be made in consultation w/public health officials. of Health and each appropriate board within the Division of Medical Quality Assurance shall have the authority to establish procedures to handle, counsel, and provide other services to health care professionals within their respective boards who are infected with HIV.
Infection alone does not justify limiting HCW’s duties.
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