TITLE 23
Health and Safety
CHAPTER 23-6.3
Prevention and Suppression of Contagious Diseases HIV/AIDS
SECTION 23-6.3-10
§ 23-6.3-10 Notification of disclosure.
(a) In all cases when an individual's HIV test results are disclosed to a
third-party, other than a person involved in the care and treatment of the
individual, and except as permitted by § 23-6.3-7 (permitted disclosures
re: confidentiality), and permitted by and disclosed in accordance with the
Federal Health Insurance Portability and Accountability Act of 1996 (Public law
104-191) enacted on August 21, 1996 and as thereafter amended, the person so
disclosing shall make reasonable efforts to inform that individual in advance
of:
(1) The nature and purpose of the disclosure;
(2) The date of disclosure;
(3) The recipient of the disclosed information.
(b) Health care providers may inform third-parties with whom
an HIV infected patient is in close and continuous exposure related contact,
including, but not limited to a spouse and/or partner, if the nature of the
contact, in the health care providers opinion, poses a clear and present danger
of HIV transmission to the third-party, and if the physician has reason to
believe that the patient, despite the health care provider's strong
encouragement, has not and will not inform the third-party that they may have
been exposed to HIV.
History of Section.
(P.L. 2009, ch. 196, § 1; P.L. 2009, ch. 289, § 1; P.L. 2010, ch.
239, § 18.)
