Health and Safety
Prevention and Suppression of Contagious Diseases HIV/AIDS
§ 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.)