Terms of Service

These Terms of Service are provided by Wellex, Inc. (the operator of samedaySTDtesting.com website and by the physician who accepts or rejects your referral for services)

You, as a user of the services provided by samedaySTDtesting.com understand and acknowledge that by agreeing to use this website to seek testing services by referral to a qualified physician, that understanding and acceptance of these conditions and terms of service are required.

1. You understand that you will be asked by the website for your demographic information and the nature of your requests for testing services. You must be truthful, as aliases are not accepted. If confidentiality is requested, an ID number may be used in place of your name, however valid demographic information must be collected and listed on the patient chart on file with the physician.

2. You understand that this web site serves as a resource for patients desiring certain medical screening and/or testing for certain diseases by referral to a qualified physician.

3. You understand that this web site does not participate in the practice of medicine and does not provide any diagnosis and/or treatment.

4. You understand that this web site has made arrangements for your referral to a qualified physician who is licensed and has prescriptive authority in the state in which you will be tested.

5. You are 18 years old or older and you are the one to be tested. If the testing is for sexually transmitted diseases or infections, you acknowledge that you have participated in risky sexual behavior.

6. You understand that the physician to whom you are referred, may, in his/her judgment, refuse to accept your referral. Reasons for refusal may include but are not limited to the physician’s judgment that your requested testing is inappropriate or that your request is beyond the scope of the services that are available or offered.

7. You understand that certain signs and symptoms that you might have such as, temperature over 100.4 degrees (F), abdominal pains, nausea and/or vomiting, might require a visit to your private physician or to an emergency room for proper evaluation and your referral may be refused.

8. You understand that only if your referral for testing is refused by the ordering physician that you will receive a full refund. Otherwise no refunds will be issued.

9. You understand that to be tested will either require a visit to a certified patient service center (usually close to your location) to have your specimen collected.

10. You understand that if your request for a referral is made in the states of NY, NJ, or RI, the laws of these states require that the actual fees paid directly to the lab for your testing will be disclosed to you. The web site will charge a fee for their services and the preparation and referral to a physician.

11. You understand that some screening tests may return as positive and this may automatically trigger additional confirmatory testing. This extra testing may create additional fees payable to the website.

12. You understand that if you requested to be tested for HIV that you have given proper consent to testing. All necessary information has been provided and reviewed:
    1. HIV is the virus that causes AIDS. The only way to know if you have HIV is to be tested.
    2. HIV testing is important to your health, especially if you are a pregnant woman.
    3. HIV testing is voluntary. Your consent can be withdrawn at any time. Several testing options are available, including confidential testing.
    4. State law protects the confidentiality of test results and also protects test subjects from discrimination based on HIV status.
    5. Your assigned physician or their designate will talk with you about notifying your sex or needle sharing partners of possible exposure if you test positive, and/or refer you to the proper public health authorities to help facilitate partner notification.

13. I understand that any and all of my personal medical history and personal data collected at the web site or from the referral physician will be treated confidentially as required by HIPAA. (Health Insurance Portability and Accountability Act of 1996)

14. You understand that your relationship that you have with the physician whom you are referred will only be related to the screening test or testing for the condition of which you are concerned, but in no way, either written or implied, now or in the future will extend beyond the scope of the testing in consideration. No expectations have been made and you have no expectations of your own for receiving any medical care or follow up from this physician other than as related to this testing.

15. You understand that every effort will be made to have your testing results returned to you within 2 to 5 business days after specimen collection at the patient service center or after a home collected specimen is received for processing. You understand that, at times, the results might be delayed beyond 4 days and the lab may require a return visit for repeat sample collection.

16. You understand that by acceptance of these terms of service that if you do not hear about your results in 5 business days that it is your responsibility to notify the website by calling the website for instructions about receiving your results. You understand that if you do not hear about your results, you can’t assume the test was negative or normal.

17. You understand that if you want to be tested for STDs (sexually transmitted diseases) or STIs (sexually transmitted infections) that you will not be tested for every possible STD/STI but will be tested only for the ones that you select after the options and recommendations have been explained to you.

18. You understand that for testing for STDs/STIs there is a certain latent period after infection but before the testing will be positive. You understand the need for retesting in 3 months, 6 months, and at one year in certain situations where a latent period could be involved.

19. You understand that it is rare, but with all lab testing there are times that there are false positive tests and false negative tests. This means that there are times that a person could have the condition and the test be negative (false negative) or the person could be free of the condition and the test is positive (false positive).

20. You understand that Federal, State and local public health authorities have regulations that require certain STDs and/or other infectious diseases to be reported with your demographic information. The lab that performs your test and your physician will follow the regulations.

21. I understand that the web site and the physician will protect my privacy and security of all of my personal health information (PHI) as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the American Recovery and Reinvestment Act of 2009.

22. You further understand that by accepting referral to your assigned physician and having the recommended testing, you voluntarily assume any risks associated with the screening process. In addition, you hereby release and hold harmless, your assigned physician, the laboratory performing the testing, and any other persons or entities associated with this screening process from any and all claims, rights and causes of action arising from any injury or other damages or the consequences thereof, resulting from or in any way connected with the screening while on the Patient Service Center’s premises or otherwise directly or indirectly arising from the transaction conducted through the services provided and/or though the relationship with your assigned physician.

23. You understand that the physician to whom which you are referred or their designate, will provide to you as much information and counseling to the best of their ability about any findings on your testing, and that it may be necessary for you to seek additional care from your private physician or to seek further psychological counseling if needed.

24. You understand that there is extensive information for you to review about all of the STDs/STIs at two respected web sites:
    1. Centers for Disease Control and Prevention (CDC) website at https://www.cdc.gov
    2. The American Social Health Association at https://www.ashastd.org

25. You understand that your testing may reveal a treatable bacterial infection with antibiotics and you may be offered the option of having your physician or his designate provide additional counseling and follow up instructions and provide options for treatment. In certain States and under certain circumstances, treatment may be extended to your partner/partners. These services will require additional charges payable to the website prior to treatment. You understand that this treatment service, if offered, is optional and that you may seek the care of your own physician or public health department.

26. You understand that results of this testing and all informational material should be for informational purposes and not a substitute for your usual medical care.

27. You are participating in this testing process voluntarily and understand that a visit to your personal physician to discuss findings and/or treatment is advised.

28. You understand that a copy of the final report of your laboratory will be made available to you or sent to the physician of your choice with appropriately prepared and signed medical information release documents at your request.

You agree that these Terms of Services are construed under the laws of the State in which you reside and that if any portion is held invalid or unenforceable, the remainder shall, notwithstanding, continue in full legal force and effect.

By accepting these “terms of Service” for referral for testing and/or screening services, you hereby certify that you have read this entire document that you understand and agree to all of the terms and conditions. You knowingly and voluntarily use this acceptance as your consent for initiating a limited patient/physician relationship and for appropriate laboratory screening and/or HIV/STD Testing.

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