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§23-6.3-10  Notification of disclosure. –

Published: 2015

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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


   (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.)