36-666

36-666. Violation; classification;
immunity

A. A person who knowingly does the following is guilty of a class 3 misdemeanor:

1. Performs, or permits or procures the performance of, an HIV-related test in
violation of this article.

2. Discloses, compels another person to disclose or procures the disclosure of
communicable disease related information in violation of this article.

B. A person, health facility or health care provider disclosing communicable
disease related information pursuant to or required by this article is immune from civil
or criminal liability if the person, health care facility or health care provider acted
in good faith and without malice.

C. A health facility or health care provider, including a physician, the
physician's employer or the health care facility or health care provider with which the
physician is associated, is immune from civil or criminal liability for failing to
disclose communicable disease related information to a contact or a person authorized
pursuant to law to consent to health care for a protected person if the health facility
or health care provider acted in good faith and without malice.

D. For the purposes of this section, good faith and the absence of malice are
presumed unless the presumption is overcome by a demonstration of clear and convincing
evidence to the contrary.