Disclosure of confidential HIV information, by court order, only tocertain persons, procedure, when.
191.657. 1. No court shall issue an order for the disclosure ofconfidential HIV-related information, except a court of record of competentjurisdiction in accordance with the provisions of this section.
2. Pursuant to section 191.656, a court may grant an order fordisclosure of confidential HIV-related information to peace officers, theattorney general or any assistant attorneys general acting on his or herbehalf, and prosecuting attorneys upon an application showing:
(1) A compelling need for disclosure of the information for theadjudication of a criminal or civil proceeding;
(2) A clear and imminent danger to an individual whose life or healthmay unknowingly be at significant risk as a result of contact with theindividual to whom the information pertains;
(3) Upon application of a state, county or local health officer, a clearand imminent danger to the public health; or
(4) That the applicant is lawfully entitled to the disclosure and thedisclosure is consistent with the provisions of this section.
3. Upon receiving an application for an order authorizing disclosurepursuant to this section, the court shall enter an order directing that allpleadings, papers, affidavits, judgments, orders of the court, briefs andmemoranda of law which are part of the application or the decision thereon, besealed and not made available to any person, except to the extent necessary toconduct any proceedings in connection with the determination of whether togrant or deny the application, including any appeal. Such an order shallfurther direct that all subsequent proceedings in connection with theapplication shall be conducted in camera, and, where appropriate to preventthe unauthorized disclosure of confidential HIV-related information, that anypleadings, papers, affidavits, judgments, orders of the court, briefs andmemoranda of law which are part of the application or the decision thereon notstate the name of the individual concerning whom confidential HIV-relatedinformation is sought.
4. (1) The individual concerning whom confidential HIV-relatedinformation is sought and any person holding records concerning confidentialHIV-related information from whom disclosure is sought shall be given adequatenotice of such application in a manner which will not disclose to any otherperson the identity of the individual, and shall be afforded an opportunity tofile a written response to the application, or to appear in person for thelimited purpose of providing evidence on the statutory criteria for theissuance of an order pursuant to this section.
(2) The court may grant an order without such notice and opportunity tobe heard, where an ex parte application by a state, county, or local healthofficer shows that a clear and imminent danger to an individual, whose life orhealth may unknowingly be at risk, requires an immediate order.
(3) Service of a subpoena shall not be subject to this subdivision.
5. In assessing compelling need and clear and imminent danger, the courtshall provide written findings of fact, including scientific or medicalfindings, citing specific evidence in the record which supports each finding,and shall weigh the need for disclosure against the privacy interest of theprotected individual and the public interest which may be disserved bydisclosure which deters future testing or treatment or which may lead todiscrimination.
6. An order authorizing disclosure of confidential HIV-relatedinformation shall:
(1) Limit disclosure to that information which is necessary to fulfillthe purpose for which the order is granted; and
(2) Limit disclosure to those persons whose need for the information isthe basis for the order, and specifically prohibit redisclosure by suchpersons to any other persons, whether or not they are parties to the action;and
(3) To the extent possible consistent with this section, conform to theprovisions of this section; and
(4) Include such other measures as the court deems necessary to limitany disclosures not authorized by its order.
Disclosure of confidential HIV information, by court order, only tocertain persons, procedure, when.
191.657. 1. No court shall issue an order for the disclosure ofconfidential HIV-related information, except a court of record of competentjurisdiction in accordance with the provisions of this section.
2. Pursuant to section 191.656, a court may grant an order fordisclosure of confidential HIV-related information to peace officers, theattorney general or any assistant attorneys general acting on his or herbehalf, and prosecuting attorneys upon an application showing:
(1) A compelling need for disclosure of the information for theadjudication of a criminal or civil proceeding;
(2) A clear and imminent danger to an individual whose life or healthmay unknowingly be at significant risk as a result of contact with theindividual to whom the information pertains;
(3) Upon application of a state, county or local health officer, a clearand imminent danger to the public health; or
(4) That the applicant is lawfully entitled to the disclosure and thedisclosure is consistent with the provisions of this section.
3. Upon receiving an application for an order authorizing disclosurepursuant to this section, the court shall enter an order directing that allpleadings, papers, affidavits, judgments, orders of the court, briefs andmemoranda of law which are part of the application or the decision thereon, besealed and not made available to any person, except to the extent necessary toconduct any proceedings in connection with the determination of whether togrant or deny the application, including any appeal. Such an order shallfurther direct that all subsequent proceedings in connection with theapplication shall be conducted in camera, and, where appropriate to preventthe unauthorized disclosure of confidential HIV-related information, that anypleadings, papers, affidavits, judgments, orders of the court, briefs andmemoranda of law which are part of the application or the decision thereon notstate the name of the individual concerning whom confidential HIV-relatedinformation is sought.
4. (1) The individual concerning whom confidential HIV-relatedinformation is sought and any person holding records concerning confidentialHIV-related information from whom disclosure is sought shall be given adequatenotice of such application in a manner which will not disclose to any otherperson the identity of the individual, and shall be afforded an opportunity tofile a written response to the application, or to appear in person for thelimited purpose of providing evidence on the statutory criteria for theissuance of an order pursuant to this section.
(2) The court may grant an order without such notice and opportunity tobe heard, where an ex parte application by a state, county, or local healthofficer shows that a clear and imminent danger to an individual, whose life orhealth may unknowingly be at risk, requires an immediate order.
(3) Service of a subpoena shall not be subject to this subdivision.
5. In assessing compelling need and clear and imminent danger, the courtshall provide written findings of fact, including scientific or medicalfindings, citing specific evidence in the record which supports each finding,and shall weigh the need for disclosure against the privacy interest of theprotected individual and the public interest which may be disserved bydisclosure which deters future testing or treatment or which may lead todiscrimination.
6. An order authorizing disclosure of confidential HIV-relatedinformation shall:
(1) Limit disclosure to that information which is necessary to fulfillthe purpose for which the order is granted; and
(2) Limit disclosure to those persons whose need for the information isthe basis for the order, and specifically prohibit redisclosure by suchpersons to any other persons, whether or not they are parties to the action;and
(3) To the extent possible consistent with this section, conform to theprovisions of this section; and
(4) Include such other measures as the court deems necessary to limitany disclosures not authorized by its order.
Disclosure of confidential HIV information, by court order, only tocertain persons, procedure, when.
191.657. 1. No court shall issue an order for the disclosure ofconfidential HIV-related information, except a court of record of competentjurisdiction in accordance with the provisions of this section.
2. Pursuant to section 191.656, a court may grant an order fordisclosure of confidential HIV-related information to peace officers, theattorney general or any assistant attorneys general acting on his or herbehalf, and prosecuting attorneys upon an application showing:
(1) A compelling need for disclosure of the information for theadjudication of a criminal or civil proceeding;
(2) A clear and imminent danger to an individual whose life or healthmay unknowingly be at significant risk as a result of contact with theindividual to whom the information pertains;
(3) Upon application of a state, county or local health officer, a clearand imminent danger to the public health; or
(4) That the applicant is lawfully entitled to the disclosure and thedisclosure is consistent with the provisions of this section.
3. Upon receiving an application for an order authorizing disclosurepursuant to this section, the court shall enter an order directing that allpleadings, papers, affidavits, judgments, orders of the court, briefs andmemoranda of law which are part of the application or the decision thereon, besealed and not made available to any person, except to the extent necessary toconduct any proceedings in connection with the determination of whether togrant or deny the application, including any appeal. Such an order shallfurther direct that all subsequent proceedings in connection with theapplication shall be conducted in camera, and, where appropriate to preventthe unauthorized disclosure of confidential HIV-related information, that anypleadings, papers, affidavits, judgments, orders of the court, briefs andmemoranda of law which are part of the application or the decision thereon notstate the name of the individual concerning whom confidential HIV-relatedinformation is sought.
4. (1) The individual concerning whom confidential HIV-relatedinformation is sought and any person holding records concerning confidentialHIV-related information from whom disclosure is sought shall be given adequatenotice of such application in a manner which will not disclose to any otherperson the identity of the individual, and shall be afforded an opportunity tofile a written response to the application, or to appear in person for thelimited purpose of providing evidence on the statutory criteria for theissuance of an order pursuant to this section.
(2) The court may grant an order without such notice and opportunity tobe heard, where an ex parte application by a state, county, or local healthofficer shows that a clear and imminent danger to an individual, whose life orhealth may unknowingly be at risk, requires an immediate order.
(3) Service of a subpoena shall not be subject to this subdivision.
5. In assessing compelling need and clear and imminent danger, the courtshall provide written findings of fact, including scientific or medicalfindings, citing specific evidence in the record which supports each finding,and shall weigh the need for disclosure against the privacy interest of theprotected individual and the public interest which may be disserved bydisclosure which deters future testing or treatment or which may lead todiscrimination.
6. An order authorizing disclosure of confidential HIV-relatedinformation shall:
(1) Limit disclosure to that information which is necessary to fulfillthe purpose for which the order is granted; and
(2) Limit disclosure to those persons whose need for the information isthe basis for the order, and specifically prohibit redisclosure by suchpersons to any other persons, whether or not they are parties to the action;and
(3) To the extent possible consistent with this section, conform to theprovisions of this section; and
(4) Include such other measures as the court deems necessary to limitany disclosures not authorized by its order.
