§ 32.1-36.1. Confidentiality of test for human immunodeficiency virus; civilpenalty; individual action for damages or penalty.
A. The results of every test to determine infection with humanimmunodeficiency virus shall be confidential. Such information may only bereleased to the following persons:
1. The subject of the test or his legally authorized representative.
2. Any person designated in a release signed by the subject of the test orhis legally authorized representative.
3. The Department of Health.
4. Health care providers for purposes of consultation or providing care andtreatment to the person who was the subject of the test or providing care andtreatment to a child of a woman who, at the time of such child's birth, wasknown to be infected with human immunodeficiency virus.
5. Health care facility staff committees which monitor, evaluate, or reviewprograms or services.
6. Medical or epidemiological researchers for use as statistical data only.
7. Any person allowed access to such information by a court order.
8. Any facility which procures, processes, distributes or uses blood, otherbody fluids, tissues or organs.
9. Any person authorized by law to receive such information.
10. The parents or other legal custodian of the subject of the test if thesubject is a minor.
11. The spouse of the subject of the test.
12. Departments of health located outside the Commonwealth by the VirginiaDepartment of Health for the purposes of disease surveillance andinvestigation.
B. In any action brought under this section, if the court finds that a personhas willfully or through gross negligence made an unauthorized disclosure inviolation of this section, the Attorney General, any attorney for theCommonwealth, or any attorney for the county, city or town in which theviolation occurred may recover for the Literary Fund, upon petition to thecourt, a civil penalty of not more than $5,000 per violation.
C. Any person who is the subject of an unauthorized disclosure pursuant tothis section shall be entitled to initiate an action to recover actualdamages, if any, or $100, whichever is greater. In addition, such person mayalso be awarded reasonable attorney's fees and court costs.
D. This section shall not be deemed to create any duty on the part of anyperson who receives such test results, where none exists otherwise, torelease the results to a person listed herein as authorized to receive them.
§ 32.1-36.1. Confidentiality of test for human immunodeficiency virus; civilpenalty; individual action for damages or penalty.
A. The results of every test to determine infection with humanimmunodeficiency virus shall be confidential. Such information may only bereleased to the following persons:
1. The subject of the test or his legally authorized representative.
2. Any person designated in a release signed by the subject of the test orhis legally authorized representative.
3. The Department of Health.
4. Health care providers for purposes of consultation or providing care andtreatment to the person who was the subject of the test or providing care andtreatment to a child of a woman who, at the time of such child's birth, wasknown to be infected with human immunodeficiency virus.
5. Health care facility staff committees which monitor, evaluate, or reviewprograms or services.
6. Medical or epidemiological researchers for use as statistical data only.
7. Any person allowed access to such information by a court order.
8. Any facility which procures, processes, distributes or uses blood, otherbody fluids, tissues or organs.
9. Any person authorized by law to receive such information.
10. The parents or other legal custodian of the subject of the test if thesubject is a minor.
11. The spouse of the subject of the test.
12. Departments of health located outside the Commonwealth by the VirginiaDepartment of Health for the purposes of disease surveillance andinvestigation.
B. In any action brought under this section, if the court finds that a personhas willfully or through gross negligence made an unauthorized disclosure inviolation of this section, the Attorney General, any attorney for theCommonwealth, or any attorney for the county, city or town in which theviolation occurred may recover for the Literary Fund, upon petition to thecourt, a civil penalty of not more than $5,000 per violation.
C. Any person who is the subject of an unauthorized disclosure pursuant tothis section shall be entitled to initiate an action to recover actualdamages, if any, or $100, whichever is greater. In addition, such person mayalso be awarded reasonable attorney's fees and court costs.
D. This section shall not be deemed to create any duty on the part of anyperson who receives such test results, where none exists otherwise, torelease the results to a person listed herein as authorized to receive them.
§ 32.1-36.1. Confidentiality of test for human immunodeficiency virus; civilpenalty; individual action for damages or penalty.
A. The results of every test to determine infection with humanimmunodeficiency virus shall be confidential. Such information may only bereleased to the following persons:
1. The subject of the test or his legally authorized representative.
2. Any person designated in a release signed by the subject of the test orhis legally authorized representative.
3. The Department of Health.
4. Health care providers for purposes of consultation or providing care andtreatment to the person who was the subject of the test or providing care andtreatment to a child of a woman who, at the time of such child's birth, wasknown to be infected with human immunodeficiency virus.
5. Health care facility staff committees which monitor, evaluate, or reviewprograms or services.
6. Medical or epidemiological researchers for use as statistical data only.
7. Any person allowed access to such information by a court order.
8. Any facility which procures, processes, distributes or uses blood, otherbody fluids, tissues or organs.
9. Any person authorized by law to receive such information.
10. The parents or other legal custodian of the subject of the test if thesubject is a minor.
11. The spouse of the subject of the test.
12. Departments of health located outside the Commonwealth by the VirginiaDepartment of Health for the purposes of disease surveillance andinvestigation.
B. In any action brought under this section, if the court finds that a personhas willfully or through gross negligence made an unauthorized disclosure inviolation of this section, the Attorney General, any attorney for theCommonwealth, or any attorney for the county, city or town in which theviolation occurred may recover for the Literary Fund, upon petition to thecourt, a civil penalty of not more than $5,000 per violation.
C. Any person who is the subject of an unauthorized disclosure pursuant tothis section shall be entitled to initiate an action to recover actualdamages, if any, or $100, whichever is greater. In addition, such person mayalso be awarded reasonable attorney's fees and court costs.
D. This section shall not be deemed to create any duty on the part of anyperson who receives such test results, where none exists otherwise, torelease the results to a person listed herein as authorized to receive them.
