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141a-5
141A.5 PARTNER NOTIFICATION PROGRAM -- HIV.
1. The department shall maintain a partner notification program
for persons known to have tested positive for HIV infection.
2. In administering the program, the department shall provide for
the following:
a. A person who tests positive for HIV infection shall
receive post-test counseling, during which time the person shall be
encouraged to refer for counseling and HIV testing any person with
whom the person has had sexual relations or has shared drug injecting
equipment.
b. The physician or other health care provider attending the
person may provide to the department any relevant information
provided by the person regarding any person with whom the tested
person has had sexual relations or has shared drug injecting
equipment.
c. (1) Devise a procedure, as a part of the partner
notification program, to provide for the notification of an
identifiable third party who is a sexual partner of or who shares
drug injecting equipment with a person who has tested positive for
HIV, by the department or a physician, when all of the following
situations exist:
(a) A physician for the infected person is of the good faith
opinion that the nature of the continuing contact poses an imminent
danger of HIV infection transmission to the third party.
(b) When the physician believes in good faith that the infected
person, despite strong encouragement, has not and will not warn the
third party and will not participate in the voluntary partner
notification program.
(2) Notwithstanding subsection 3, the department or a physician
may reveal the identity of a person who has tested positive for HIV
infection pursuant to this subsection only to the extent necessary to
protect a third party from the direct threat of transmission. This
subsection shall not be interpreted to create a duty to warn third
parties of the danger of exposure to HIV through contact with a
person who tests positive for HIV infection.
(3) The department shall adopt rules pursuant to chapter 17A to
implement this paragraph "c". The rules shall provide a detailed
procedure by which the department or a physician may directly notify
an endangered third party.
3. In making contact the department shall not disclose the
identity of the person who provided the names of the persons to be
contacted and shall protect the confidentiality of persons contacted.
4. The department may delegate its partner notification duties
under this section to local health authorities unless the local
authority refuses or neglects to conduct the partner notification
program in a manner deemed to be effective by the department.
5. In addition to the provisions for partner notification
provided under this section and notwithstanding any provision to the
contrary, a county medical examiner or deputy medical examiner
performing official duties pursuant to sections 331.801 through
331.805 or the state medical examiner or deputy medical examiner
performing official duties pursuant to chapter 691, who determines
through an investigation that a deceased person was infected with
HIV, may notify directly, or request that the department notify, the
immediate family of the deceased or any person known to have had a
significant exposure from the deceased of the finding. Section History: Recent Form
99 Acts, ch 181, §9; 2007 Acts, ch 70, §6
Referred to in §141A.9, 141A.11
