36-665

36-665. Order for disclosure of communicable
disease related information

A. Notwithstanding any other law, no court or administrative body may issue an
order for the disclosure of or a search warrant for communicable disease related
information, except as provided by this section. An administrative body includes any
administrative law judge or hearing officer presiding over matters relating to the
administrative body.

B. An order for disclosure of or a search warrant for communicable disease related
information may be issued on an application showing any one of the following:

1. A compelling need for disclosure of the information for the adjudication of a
criminal, civil or administrative proceeding.

2. A clear and imminent danger to a person whose life or health may unknowingly be
at significant risk as a result of contact with the person to whom the information
pertains.

3. If the application is filed by a state, county or local health officer, a clear
and imminent danger to the public health.

4. That the applicant is lawfully entitled to the disclosure and the disclosure is
consistent with the provisions of this article.

5. A clear and imminent danger to a person or to public health or a compelling need
requiring disclosure of the communicable disease related information.

C. On receiving an application pursuant to this section, the court or
administrative body shall enter an order directing that the file be sealed and not made
available to any person, except to the extent necessary to conduct a proceeding in
connection with the determination of whether to grant or deny the application, including
an appeal. The court or administrative body shall also order that all subsequent
proceedings in connection with the application be conducted in camera and, if appropriate
to prevent the unauthorized disclosure of communicable disease related information, that
pleadings, papers, affidavits, judgments, orders, briefs and memoranda of law that are
part of the application or the decision not state the name of the person concerning whom
communicable disease related information is sought.

D. The person concerning whom the information is sought and a person holding
records from whom disclosure is sought shall be given adequate notice of the application
in a manner which does not disclose to any other person the identity of the person and
may file a written response to the application or appear in person for the limited
purpose of providing evidence on the criteria for the issuance of an order pursuant to
this section.

E. The court or administrative body may grant an order without notice and an
opportunity to be heard if an ex parte application by a public health officer shows that
a clear and imminent danger to a person whose life or health may unknowingly be at risk
requires an immediate order and that notice to the individual about whom the information
is sought is not reasonable under the circumstances.

F. Service of a subpoena is not required for actions brought pursuant to
subsections D and E.

G. In assessing compelling need and clear and imminent danger, the court or
administrative body shall provide written findings of fact, including scientific or
medical findings, citing specific evidence in the record which supports each finding, and
shall weigh the need for disclosure against the privacy interest of the protected person
and the public interest which may be disserved by disclosure which deters future testing
or treatment or which may lead to discrimination.

H. An order authorizing disclosure of or a search warrant for communicable disease
related information shall:

1. Limit disclosure to that information which is necessary to fulfill the purpose
for which the order is granted.

2. Limit disclosure to those persons whose need for the information is the basis
for the order, and specifically prohibit redisclosure by persons to any other persons,
whether or not they are parties to the action.

3. To the extent possible consistent with this section, conform to the provisions
of this article.

4. Include other measures as deemed necessary to limit disclosures not authorized
by the order.

I. Notwithstanding any other law, a court or administrative body shall not order
the department, a county health department or a local health department to release
HIV-related information in its possession.