Yes, there are four circumstances under which voluntary consent is not required:
1. Testing of Persons Convicted of Sexual Assault Crimes
All people convicted of a sexual assault crime in NH are tested for HIV. The test results will be disclosed to the person convicted and to the office of victim/witness assistance. The office of victim/witness assistance is authorized to disclose the test results to the victim and the county attorney victim/witness advocates, although this is discretionary. The victim may be notified regardless of whether the victim has requested notification. The state must also provide counseling and referrals to the victim and the person convicted, and offer HIV testing for the victim (RSA § 632-A:10-b).
Individuals who are convicted and confined to a correctional facility, or people committed to New Hampshire Hospital (the state psychiatric hospital), “may be tested without obtaining written informed consent to the testing, when the results of such tests are necessary for the placement and management of such individuals in the facility,” in accordance with the written policies and procedures of the chief administrator of the facility (RSA § 141-F:5, IV).
In addition, test results of HIV-positive persons committed to a prison or mental health facility are disclosed to the medical director or chief medical officer of such facility. The medical director of the facility “shall” provide the facility’s administrator “whatever medical data is necessary to properly assign, treat, or manage the affected individual.” Similarly, the administrator “may” share this information with other officials who require the information to properly assign, treat, or manage the affected individual (RSA § 141-F:7, IV).
3. Person Incapable of Consenting
When a person is incapable of giving informed consent, a physician (or person authorized by a physician) may take an HIV test without informed consent if the test is “immediately necessary to protect the health of: (1) the person; or (2) an individual who has had an occupational exposure to the person’s blood or bodily fluids” (RSA § 141-F:5, V).
4. Testing of Donated Blood Products
Any agency receiving purchased or donated blood products “shall” test them for HIV prior to their distribution and use (this statute also includes provisions for HIV testing without consent of donated body parts, fluids, or tissue used for medical or research purposes if the identity of the test subject is not known and cannot be determined by the researcher), (RSA § 141-F:5, I – III).