The authorized agent or agents of the Department of Public Health are directed and empowered, when in their judgment it is necessary to protect the public health, to make examinations of persons infected or suspected of being infected with HIV and to administer an HIV test with the consent of the person being tested. In the event the person infected or suspected of being infected with HIV refuses to consent to the administration of an HIV test, the authorized agent or agents of the Department of Public Health are authorized to petition the court for an order authorizing the administration of an HIV test pursuant to the procedure set forth in Code Section 31-17A-3.
(Code 1981, §31-17A-2, enacted by Ga. L. 1988, p. 1799, § 7; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214.)
Law reviews.- For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 147 (2011).
RESEARCH REFERENCES
ALR.
- Damage action for HIV testing without consent of person tested, 77 A.L.R.5th 541.