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.)