U.S. HIV Data Protection Landscape

Does the state have a law criminalizing transmission of or exposure to HIV?

No.

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. A court may order disclosure of data related to HIV and other reportable diseases in the course of legal discovery or compel testimony of a public health agent in any civil, criminal, administrative, or other legal proceeding. The law does not limit which parties may seek an order for disclosure. The court must first be fully advised of the statutes and regulations limiting disclosure, the public policy supporting the protection of identifiable health information, and the facts that support the closing of the proceeding or the sealing of records containing identifiable health information. Alaska Admin. Code tit. 7, §§ 27.893(e), 27.894.

This provision applies to the state health department.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

Yes. Disclosure is permitted only pursuant to a court order. Alaska Admin. Code tit. 7, §§ 27.893(e), 27.894.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. Disclosure may include any “identifiable health information” that the state health department collects and maintains pursuant to its public health authorities and powers, including its power to prevent and control conditions of public health importance. Alaska Admin. Code tit. 7, §§ 27.893(e), 27.894.

This includes, but is not limited to, identifiable health information maintained pursuant to the health department’s powers to require reporting of certain diseases and conditions, conduct epidemiological investigations, and provide medical treatment. Alaska Stat. Ann. § 18.15.355, et seq. “Identifiable health information” means any information that relates to an individual's past, present, or future physical or mental health status, condition, treatment, service, products purchased, or provisions of care. Alaska Stat. Ann. § 18.15.395.

However, when disclosing HIV data pursuant to a court order, the health department must “disclose the minimum identifiable health information reasonably necessary to accomplish” the stated purpose of the court order.  Exactly what information constitutes as “the minimum” is not stated. Alaska Admin. Code tit. 7, §§ 27.894.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does not specify whether disclosure in connection with a criminal proceeding is permitted before or after the defendant has been charged with a crime. Alaska Admin. Code tit. 7, §§ 27.893(e), 27.894.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Ala. Code § 13A-6-242(c) (Assault with bodily fluids)

- criminal code

- actual transmission not required

- applies to communicable diseases (not defined)

- felony (assault with bodily fluids is a misdemeanor for someone who does not have a communicable disease)

Ala. Code § 22-11A-21(c) (Penalty for person afflicted with sexually transmitted disease to transmit such disease to another person)

- public health code

- actual transmission not required

- applies to communicable diseases designated as sexually transmitted diseases (includes HIV/AIDS but not hepatitis) (Ala. Admin. Code 420-4-1 App.I)

- misdemeanor

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes.

Disclosure of HIV data is permitted during grand jury proceedings in connection with an individual who has been charged with or who is being investigated for murder, attempted murder, or felony assault (including Ala. Code § 13A-6-242) as a result of having intentionally or recklessly exposed another to HIV where the exposed person is later demonstrated to be HIV-positive. The evidence must be reviewed by a judge in private before it is released to a grand jury. Ala. Code § 22-11A-38(h)(1).

Disclosure of HIV data is permitted during a criminal trial in which the defendant has been indicted by a grand jury for murder, attempted murder, or felony assault (including Ala. Code § 13A-6-242) as a result of having intentionally or recklessly exposed another to HIV infection where the exposed person is later demonstrated to be HIV-positive. The evidence must be reviewed by a judge in private before it is introduced by the prosecution or defense in a criminal trial. If the subpoena is from the State of Alabama, the evidence requested must have already been presented to a grand jury for review pursuant to Ala. Code § 22-11A-38(h)(1). Ala. Code § 22-11A-38(h)(2).

However, disclosure is not permitted in connection with prosecutions under Ala. Code § 22-11A-21(c), which is a misdemeanor. Disclosure is also not permitted if the alleged victim is HIV-negative.

These provisions apply to the state health department.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No.

Disclosure during grand jury proceedings is permitted in response to a subpoena from the grand jury. The subpoena must be accompanied by a letter from the Attorney General or a district attorney attesting that the information is necessary to the grand jury proceedings. Ala. Code § 22-11A-38(h)(1).

Disclosure during a criminal trial is permitted in response to a subpoena from the State of Alabama or the defendant. If the subpoena is from the State of Alabama, the evidence requested must have already been presented to a grand jury for review pursuant to Ala. Code § 22-11A-38(h)(1). Ala. Code § 22-11A-38(h)(2).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

Yes. Disclosure of HIV data during grand jury proceedings and criminal trials is limited to information necessary to establish that a person is seropositive for HIV infection, has been notified of their HIV status, and has been counseled about appropriate methods of avoiding transmission of HIV to others. Ala. Code § 22-11A-38(h).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. Disclosure is permitted during grand jury proceedings. Ala. Code § 22-11A-38(h)(1).

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Ark. Code Ann. § 5-14-123 (Exposing another person to human immunodeficiency virus)

- criminal code

- actual transmission not required

- applies to HIV and AIDS

- felony

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. Disclosure of HIV and AIDS data is permitted pursuant to a subpoena from a prosecutor as may be necessary for the enforcement of Ark. Code Ann. § 5-14-123. The information may only be further disclosed to the courts. Ark. Code Ann. § 20-15-904(c)(1).

This provision applies to any person or entity that obtains, makes, transmits, or receives information and reports in connection with persons suffering from, or suspected to be suffering from, HIV or AIDS.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. Disclosure is permitted pursuant to a subpoena from a prosecutor. Ark. Code Ann. § 20-15-904(c)(1). This includes investigative subpoenas from prosecutors, which do not require court approval. Weaver v. State, 990 S.W.2d 572, 573 (Ark. Ct. App. 1999).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. Disclosure may include all information and reports in connection with persons suffering from or suspected to be suffering from HIV or AIDS. Ark. Code Ann. § 20-15-904(c)(1).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. A prosecutor may seek disclosure to investigate a crime prior to bringing criminal charges, in place of a grand jury, and to prepare for trial. The prosecutor’s subpoena power must be used only for a prosecutor’s investigation, and not as a tool for police investigation. The police do not have the authority to subpoena HIV data. Weaver v. State, 990 S.W.2d 572, 574 (Ark. Ct. App. 1999).

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Ariz. Rev. Stat. Ann. § 36-631 (Person with contagious or infectious disease exposing himself to public)

- public health code

- actual transmission not required

- applies to “contagious or infectious” diseases (applies to reportable contagious, epidemic, or infectious diseases) (Ariz. Rev. Stat. Ann. § 36-621)

- misdemeanor

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. A court or administrative body may not order a state, county, or local health department to release HIV-related information in its possession. Ariz. Rev. Stat. Ann. § 36-665(I).

However, a court may order disclosure of, or authorize a search warrant for, information related to other communicable diseases upon a finding that there is a compelling need for the disclosure for a judgment to be made in a criminal, civil, or administrative proceeding. The law does not limit which parties may seek an order for disclosure. Proceedings in connection with the application for a court order must be conducted before a judge in private. The person or entity in possession of the information, and the person identified in the information must be given notice and an opportunity to prepare a written response or appear in person to provide evidence on the statutory criteria for the issuance of an order. This provision applies to any entity that holds the data.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. A court or administrative body may not order a state, county, or local health department to release HIV-related information in its possession. Ariz. Rev. Stat. Ann. § 36-665(I).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. A court or administrative body may not order a state, county, or local health department to release HIV-related information in its possession. Ariz. Rev. Stat. Ann. § 36-665(I).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. A court or administrative body may not order a state, county, or local health department to release HIV-related information in its possession. Ariz. Rev. Stat. Ann. § 36-665(I).

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Cal. Health & Safety Code § 120290 (Intentional transmission of an infectious or communicable disease)

- public health code

- actual transmission not required (longer sentence if transmission occurred)

- applies to “infectious or communicable” diseases (defined as "a disease that spreads from person to person, directly or indirectly, that has significant public health implications”)

- misdemeanor

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. There is no explicit authority for the health department to release data related to HIV for law enforcement or prosecution purposes.

A court or administrative body may not order a state or local health department to release HIV-related information in its possession. Cal. Health & Safety Code § 121025(d). This includes disclosure of health department HIV data for purposes of prosecution under Cal. Health & Safety Code § 120290.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. There is no explicit authority for the health department to release data related to HIV for law enforcement or prosecution purposes. Cal. Health & Safety Code § 121025(d). 

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. There is no explicit authority for the health department to release data related to HIV for law enforcement or prosecution purposes. Cal. Health & Safety Code § 121025(d).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. There is no explicit authority for the health department to release data related to HIV for law enforcement or prosecution purposes. Cal. Health & Safety Code § 121025(d). 

Does the state have a law criminalizing transmission of or exposure to HIV?

No.

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Disclosure of “medical and epidemiological” information included in reports and records resulting from investigation of epidemic, communicable, and sexually transmitted infections is permitted only when necessary for treatment, control, investigation, and prevention of diseases and conditions dangerous to the public health. Colo. Rev. Stat. Ann. § 25-1-122(4)(b). “Sexually transmitted infections” include HIV, hepatitis, and any other disease designated by the state health department. Colo. Rev. Stat. Ann. § 25-4-402(10). Release may include information from patient medical or lab records that is necessary for the investigation. However, release may not include records and reports obtained from providers and labs pursuant to disease reporting requirements. State and local health department employees may not be examined in a judicial, executive, legislative, or other proceeding as to the existence or content of reports related to disease investigation. Colo. Rev. Stat. Ann. § 25-1-122(4)-(6). These provisions apply to state and local health departments.

Disclosure of reports obtained pursuant to sexually transmitted infection reporting requirements, and any records resulting from compliance with reporting requirements, is permitted only to the extent necessary to enforce statutes and related rules concerning treatment, control, prevention, and investigation of sexually transmitted infections by public health officers. Colo. Rev. Stat. Ann. § 25-4-406(1)(b). “Sexually transmitted infections” include HIV, hepatitis, and any other disease designated by the state health department. Colo. Rev. Stat. Ann. § 25-4-402(10). However, release may not include information in medical records concerning diagnosis and treatment of sexually transmitted infections. State and local health department employees may not be examined in a judicial, executive, legislative, or other proceeding as to the existence or content of reports obtained from providers and labs pursuant to disease reporting requirements or the results of disease investigations (with exceptions for proceedings related to public health compliance orders). Colo. Rev. Stat. Ann. § 25-4-406(2), (3). These provisions apply to any entity that holds the data, including but not limited to state and local health departments.

Disclosure of HIV data is permitted to the district attorney for sentencing purposes. Disclosure may include oral and documentary evidence limited to whether and when a defendant who has been bound over for trial for a sexual offense was notified that they had tested positive for HIV. Colo. Rev. Stat. Ann. § 18-3-415.5. These provisions apply to state and local health departments.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does the state have a law criminalizing transmission of or exposure to HIV?

No.

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Data about reportable diseases procured by a state or local health department pursuant to Conn. Gen. Stat. Ann. § 19a-215 is not admissible in any action before a court, tribunal, board, or agency. This includes reports from providers and labs pursuant to disease reporting requirements; information obtained by a state or local HD during follow-up with the provider and patient that may be necessary to lead effective control of further spread of disease, including names of persons who may be the source of infection or subsequent contacts; information from hospital EMRs concerning reportable diseases; and information obtained from disease prevention and control investigations, including provider name, patient name, and suspected source persons and contacts. Conn. Gen. Stat. Ann. § 19a-25(a); Conn. Agencies Regs. § 19a-25-3. These provisions apply to state and local health departments.

Information concerning whether a person has been counseled regarding their HIV status may be subject to disclosure as "confidential HIV-related information" pursuant to a court order in some circumstances. However, such disclosure is permitted only upon a finding by a court that there is a clear and imminent danger to the public health or the health of a person; this does not apply to criminal proceedings. Conn. Gen. Stat. Ann. § 19a-583(a)(10). This provision applies to any entity that holds the data.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does the state have a law criminalizing transmission of or exposure to HIV?

No.

 Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. There is no explicit authority for the health department to release data related to HIV for law enforcement or prosecution purposes.

HIV-related information held by the health department is neither discoverable nor admissible as evidence in a civil or criminal action.  The only exception is if the individual about whom the information pertains provides written consent. D.C. Code Ann. § 7-1605.

This provision applies to the District health department.  This provision does not protect disclosure of other venereal or communicable diseases.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. There is no explicit authority for the health department to release data related to HIV for law enforcement or prosecution purposes. D.C. Code Ann. § 7-1605.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. There is no explicit authority for the health department to release data related to HIV for law enforcement or prosecution purposes. D.C. Code Ann. § 7-1605.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. There is no explicit authority for the health department to release data related to HIV for law enforcement or prosecution purposes. D.C. Code Ann. § 7-1605.

Does the state have a law criminalizing transmission of or exposure to HIV?

No.

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. A court may order disclosure of data related to HIV, AIDS, and other sexually transmitted diseases during the course of civil or criminal litigation if there is a compelling need for the disclosure which cannot be accommodated by other means. The law does not limit which parties may seek an order for disclosure. The person identified in the information must be provided with notice and a reasonable opportunity to participate in the proceedings if they are not already a party. Proceedings in connection with the disclosure must be conducted before a judge in private. Del. Code Ann. tit. 16, § 711(5).

This provision applies to the state health department.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

Yes. Disclosure is permitted only pursuant to a court order. Del. Code Ann. tit. 16, § 711(5).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. Disclosure may include all records related to known or suspected cases of HIV, AIDS, and other sexually transmitted diseases. Del. Code Ann. tit. 16, § 711(5). This includes, but is not limited to, "HIV-related test" results and the identity of the person who is the subject of the test, reports of cases of sexually transmitted diseases from providers and labs, reports of cases of HIV and AIDS from providers and labs, and CD4 and viral load tests. Del. Code Ann. tit. 16, § 717; Code Del. Regs. 4202-7.0. "HIV-related test" is defined as tests to detect HIV infection, CD4 cell count tests, viral load tests, or any other tests related to HIV. Del. Code Ann. tit. 16, § 714.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does not specify whether disclosure in connection with a criminal proceeding is permitted before or after the defendant has been charged with a crime. Del. Code Ann. tit. 16, § 711(5).

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Fla. Stat. Ann. § 384.24(2) (Sexually transmissible diseases—unlawful acts)

- public health code

- actual transmission not required

- applies to HIV and AIDS

- felony

Fla. Stat. Ann. §§ 796.08(5), 775.0877 (Criminal transmission of HIV)

- criminal code

- actual transmission not required

- applies to HIV

- felony

Fla. Stat. Ann. 796.08(4) (Screening for HIV and sexually transmissible diseases; providing penalties)

- criminal code

- actual transmission not required

- applies to communicable diseases designated as sexually transmissible diseases, other than HIV (including hepatitis A-D) (Fla. Admin. Code Ann. r. 64D-3.028)

- misdemeanor

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes.

Disclosure of information related to sexually transmissible diseases, including HIV and AIDS, is permitted to a court for the purposes of enforcing Fla. Stat. Ann. § 775.0877 and other laws and regulations related to sexually transmissible diseases (which includes Fla. Stat. Ann. § 384.24(2)). Health department employees may be examined in proceedings involving offenders pursuant to Fla. Stat. Ann. § 775.0877. The court may further disclose information only if necessary for the court to reach a decision. Fla. Stat. Ann. § 384.29. This provision applies to the state health department.

However, disclosure of “HIV test results” is subject to heightened protections. A court may order disclosure upon a finding that the person seeking the test results has demonstrated a compelling need which cannot be accommodated by other means. Proceedings in connection with the disclosure must be conducted before a judge in private. If the individual who is the subject of the test result is not already a party in the legal matter, the court must provide them with notice and a reasonable opportunity to participate in the proceedings. Fla. Stat. Ann. § 381.004(2)(e)(9). The law does not specify the purpose for the disclosure or limit which parties may seek an order for disclosure. This provision applies to any person who has obtained or has knowledge of an HIV test result.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No.

Disclosure of information related to sexually transmissible diseases, including HIV and AIDS, for the purposes of enforcing Fla. Stat. Ann. § 775.0877 and other laws and regulations related to sexually transmissible diseases (which includes Fla. Stat. Ann. § 384.24(2)), is permitted pursuant to a subpoena. Fla. Stat. Ann. § 384.29.

When the disclosure includes “HIV test results,” a court order is required. Fla. Stat. Ann. § 381.004(2)(e)(9).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No.

Disclosure of information related to sexually transmissible diseases for the purposes of enforcing Fla. Stat. Ann. § 775.0877 and other laws and regulations related to sexually transmissible diseases (which includes Fla. Stat. Ann. § 384.24(2)) may include all records and information relating to known or suspected cases of sexually transmissible diseases, including HIV and AIDS. Fla. Stat. Ann. § 384.29. This includes, but is not limited to, information gathered in the course of an epidemiological investigation and follow-up. Fla. Admin. Code Ann. r. 64D-3.041. Health department employees may generally not testify in civil, criminal, special, or other proceedings as to the existence or contents of pertinent records of a person treated for a sexually transmissible disease by the department, or of the existence or contents of such reports received from private health care providers; however, such testimony is permitted in proceedings involving offenders pursuant to Fla. Stat. Ann. § 775.0877. Fla. Stat. Ann. § 384.29.

Disclosure of “HIV test results” is subject to heightened protections. Fla. Stat. Ann. § 381.004(2)(e)(9). "HIV test" is defined as a test to determine the presence or the antibody or antigen to HIV or the presence of HIV infection. "HIV test results" is defined as a lab report of an HIV test entered into a medical record, or any report or notation in a medical record of a lab report of an HIV test. "HIV test results" do not include test results reported to a health care provider by a patient--this would not be protected by the statute. Fla. Stat. Ann. § 381.004(1).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No.

The law does not specify whether information related to sexually transmissible diseases (including HIV and AIDS) released for the purposes of enforcing Fla. Stat. Ann. § 775.0877 and other laws and regulations related to sexually transmissible diseases (which includes Fla. Stat. Ann. § 384.24(2)) is permitted before or after the defendant has been charged with a crime. Fla. Stat. Ann. § 384.29.

The law does not specify whether “HIV test results” may be released in connection with criminal proceedings, and provides only that disclosure is permitted upon a finding by a court that there is a compelling need for the information that cannot be accommodated by other means. Fla. Stat. Ann. § 381.004.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Ga. Code Ann. § 16-5-60 (Reckless conduct)

- criminal code

- actual transmission not required

- applies to HIV

- felony

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. A superior court may order disclosure of “AIDS confidential information” upon a finding, by clear and convincing evidence, that there is a compelling need for the information which cannot be accommodated by other means. The evidence must first be submitted to the court for inspection done before the judge in private. The law does not specify the purpose for the disclosure or limit which parties may seek an order for disclosure. Ga. Code Ann. § 24-12-21(s)(2). This provision applies to entity that receives AIDS confidential information.

However, a court may not order the health department, a county board of health, or an anonymous test site operated on behalf of the department to disclose AIDS confidential information if the petition for disclosure is from a prosecutor in connection with a prosecution under Ga. Code Ann. § 16-5-60 or from a party in a civil proceeding. Ga. Code Ann. § 24-12-21(t)(8).

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

Yes. Disclosure of “AIDS Confidential Information” is permitted only pursuant to a court order from a superior court. Ga. Code Ann. § 24-12-21(s)(2).

However, a court may not order the health department, a county board of health, or an anonymous test site operated on behalf of the department to disclose AIDS confidential information if the petition for disclosure is from a prosecutor in connection with a prosecution under Ga. Code Ann. § 16-5-60 or from a party in a civil proceeding. Ga. Code Ann. § 24-12-21(t)(8).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

Yes. Disclosure is limited to "AIDS confidential information." Ga. Code Ann. § 24-12-21(s)(2). “AIDS confidential information” is information which discloses that a person has been diagnosed as having AIDS, has been or being treated for AIDS, has been determined to be infected with HIV, has submitted to an “HIV test,” has had positive or negative result from an "HIV test," has sought and received counseling regarding AIDS, or has been determined to be a person at risk of being infected with AIDS. An "HIV test" means any antibody, antigen, viral particle, viral culture, or other test to indicate the presence of HIV in the human body. AIDS Confidential Information also includes information disclosed and discovered within the patient-provider relationship. Ga. Code Ann. § 24-12-20; Ga. Code Ann. § 31-22-9.1.

However, a court may not order the health department, a county board of health, or an anonymous test site operated on behalf of the department to disclose AIDS confidential information if the petition for disclosure is from a prosecutor in connection with a prosecution under Ga. Code Ann. § 16-5-60 or from a party in a civil proceeding. Ga. Code Ann. § 24-12-21(t)(8).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does specify whether “AIDS confidential information” may be released in connection with criminal proceedings and provides only that disclosure is permitted upon a finding by a superior court that there is a compelling need for the information that cannot be accommodated by other means. Ga. Code Ann. § 24-12-21(s)(2).

However, a court may not order the health department, a county board of health, or an anonymous test site operated on behalf of the department to disclose AIDS confidential information if the petition for disclosure is from a prosecutor in connection with a prosecution under Ga. Code Ann. § 16-5-60 or from a party in a civil proceeding. Ga. Code Ann. § 24-12-21(t)(8).

Does the state have a law criminalizing transmission of or exposure to HIV?

No.

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. A court may order disclosure of information related to HIV or AIDS, after a judge has reviewed the records in private, upon a showing of good cause by the party seeking the information. The law does not specify the purpose for the disclosure or limit which parties may seek an order for disclosure. Haw. Rev. Stat. Ann. § 325-101(a)(11).

This provision applies to entity that holds the data, including but not limited to state agencies.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

Yes. Disclosure is permitted only pursuant to a court order. Haw. Rev. Stat. Ann. § 325-101(a)(11).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. Disclosure may include all communication that identifies a person living with HIV or AIDS. Haw. Rev. Stat. Ann. § 325-101(a)(11).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does not specify whether disclosure is permitted in connection with criminal proceedings, and provides only that disclosure is permitted upon an application showing good cause. Haw. Rev. Stat. Ann. § 325-101(a)(11).

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Iowa Code Ann. § 709D.3 (Criminal transmission of a contagious or infectious disease)

- criminal code

- actual transmission not required (penalties vary depending on whether transmission actually occurred)

- applies to "contagious or infectious diseases" (includes HIV, AIDS, and hepatitis in any form) (Iowa Code Ann. § 709D.2)

- felony or misdemeanor (penalties vary depending on whether the defendant acted with intent to transmit or with reckless disregard, and whether transmission actually occurred)

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. A court may order disclosure of “HIV-related test results” upon a finding that there is a compelling need for the information which cannot be accommodated by other means. Before granting an order, the court shall provide the subject of the HIV test results with notice and opportunity to participate in the proceedings if they are not already a party. Court proceedings as to the whether the order for disclosure should be granted must be conducted privately before a judge. The law does not specify the purpose for the disclosure or limit which parties may seek an order for disclosure. Iowa Code Ann. § 141A.9(2)(g).

This provision applies to any entity that obtains, submits, or maintains “HIV-related test results,” including but not limited to the state health department; although data about other sexually transmitted diseases is reported to both state and local health departments, HIV data is reportable only to the state. Email from Iowa State Health Department to NASTAD (Jan. 28, 2019).     

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

Yes. Disclosure is permitted only pursuant to a court order. Iowa Code Ann. § 141A.9(2)(g).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

Yes. Disclosure is limited to “HIV-related test results.” Iowa Code Ann. § 141A.9(2)(g). "HIV-related test" is defined as a diagnostic test for determining the presence of HIV or antibodies to HIV. Iowa Code Ann. § 141A.1(1).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does specify whether disclosure is permitted in connection with criminal proceedings, and provides only that disclosure is permitted upon a finding by a court that there is a compelling need for the information that cannot be accommodated by other means. Iowa Code Ann. § 141A.9(2)(g).

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Idaho Code Ann. § 39-608 (Transfer of body fluid which may contain the HIV virus)

- public health code

- actual transmission not required

- applies to HIV and AIDS

- felony

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Health department data collected pursuant to reporting requirements for “venereal diseases,” including HIV, is not discoverable and may not be compelled to be produced in any civil or administrative hearing. Idaho Code Ann. § 39-610(1). This provision applies to the state health department.

However, courts have found that release of information submitted voluntarily by Ryan White clients for the purposes of obtaining health department HIV services is permitted in some circumstances in connection with prosecutions under Idaho Code Ann. § 39-608. State v. Mubita, 188 P.3d 867 (Idaho 2008).

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does the state have a law criminalizing transmission of or exposure to HIV?

No.

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

“HIV-related information” collected by the health department is not admissible as evidence or discoverable in any action in court or before any tribunal or agency. 410 Ill. Comp. Stat. Ann. 305/9(2). “HIV-related information” means the identity of a person upon whom an HIV test is performed, the results of an HIV test, as well as diagnosis, treatment, and prescription information that reveals a patient is HIV-positive, including such information contained in a limited data set. 410 Ill. Comp. Stat. Ann. 305/3. This provision applies to state and local health departments.

Disclosure of “all information and records” related to known or suspected cases of sexually transmissible diseases to courts is permitted only to the extent necessary to enforce the Illinois Sexually Transmissible Disease Control Act and related rules. 410 Ill. Comp. Stat. Ann. 325/8(a)(3). “Sexually transmissible diseases” include HIV, AIDS, and any other disease designated by the state health department. 410 Ill. Comp. Stat. Ann. 325/3(3). State health department employees may not be examined in civil, criminal, or other proceedings concerning the records of a person examined or treated by the health department for a sexually transmissible disease pursuant to the Illinois Sexually Transmissible Disease Control Act, or concerning the existence or contents of such reports received from a private health care provider pursuant to the Illinois Sexually Transmissible Disease Control Act (with exceptions for proceedings related to public health compliance orders). 410 Ill. Comp. Stat. Ann. 325/8(d). This provision applies to the state health department.

Disclosure of information in the state HIV/AIDS Registry may not be disclosed except in statistical form or if release is to a local health department concerning a person residing in that jurisdiction. 410 Ill. Comp. Stat. Ann. 310/7. The HIV/AIDS Registry includes all cases of HIV and AIDS in the state, including CD4 and detectable and undetectable viral load test results, and information concerning those cases necessary to conduct thorough and complete epidemiological surveys of HIV and AIDS in the state and to evaluate existing control and prevention measures. 410 Ill. Comp. Stat. Ann. 310/4. This provision applies to the state health department.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Ind. Code Ann. § 16-41-7-1 (Duty of individuals with communicable disease to warn persons at risk)

- public health code

- actual transmission not required

- applies to HIV and hepatitis B

- felony (knowing or intentional failure to disclose) or misdemeanor (reckless failure to disclose)

Ind. Code § 35-42-2-1(f) (Battery)

- criminal code

- actual transmission not required
- applies to HIV and hepatitis (type not specified)

- felony

Ind. Code § 35-45-16-2(d) (Malicious mischief)

- criminal code

- actual transmission not required

- applies to HIV and “infectious hepatitis” (A, B, C, D, E, or G)

- felony

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes.

A court may order disclosure of “medical information” to a prosecutor or defendant in connection with prosecutions for “potentially disease transmitting offenses,” which includes violations of Ind. Code Ann. § 35-42-2-1 involving bodily fluid or waste that is infected with HIV or hepatitis. Ind. Code Ann. § 16-41-8-1. The prosecutor or defendant seeking the information must file a petition for disclosure and serve the petition on the person whose information is sought and the provider that maintains the record (or the attorney general, if the provider is a state agency). The court shall set the matter for a hearing not later than 20 days after filing; the hearing may be closed to the public. If, following the hearing for release, the court finds probable cause to believe that the information may be relevant to the prosecution or defense, the court shall order the disclosure and review the information before the judge in private. If, after examining the information privately before the judge and considering the evidence presented at the hearing, the court finds probable cause to believe that the information may be relevant to the prosecution or defense, the court may order release of the information to the prosecutor or defendant that filed the petition. Ind. Code Ann. § 16-41-8-4. This provision applies to any provider or state agency that holds the data.

Disclosure of data related to HIV or other communicable diseases is permitted to a court for the purposes of enforcing certain enumerated public health laws, which includes Ind. Code Ann. § 16-41-7-1. Ind. Code Ann. § 16-41-8-1(b)(3); 410 Ind. Admin. Code 1-2.5-78. The law does not specify which parties may seek an order for disclosure or otherwise receive data. This provision applies to any person responsible for recording, reporting, or maintaining information required to be reported under communicable disease reporting requirements.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No.

Disclosure of “medical information” in connection with prosecutions for “potentially disease transmitting offenses” is permitted only pursuant to a court order. Ind. Code Ann. § 16-41-8-4.

The law does not specify whether a court order, subpoena, or other type of request is required for disclosure of information related to communicable diseases for the purposes of enforcing enumerated public health laws, including Ind. Code Ann. § 16-41-7-1. Ind. Code Ann. § 16-41-8-1.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

Yes.

Disclosure to a prosecutor in connection with prosecutions for “potentially disease transmitting offenses” is limited to the “medical information” of a defendant who has been charged with a potentially disease transmitting offense. Disclosure to a defendant who has been charged with a potentially disease transmitting offense is limited to the “medical information” of another person. “Medical information” is not defined. Ind. Code Ann. § 16-41-8-4.

Disclosure to a court for the purposes of enforcing enumerated public health laws, including Ind. Code Ann. § 16-41-7-1, is limited to “medical or epidemiologic information” involving a communicable disease or other serious disease. This applies to all information obtained under Title 16, Article 41, Chapters 1-16 of the public health statutes (Public Health Measures for the Prevention and Control of Disease) and Title 410, Article 1, Rule 2.5 of the public health regulations (Disease Reporting and Control), including but not limited to information obtained pursuant to disease reporting requirements, health department investigations, health department treatment activities, and disease-specific control measures. Ind. Code Ann. § 16-41-8-1; 410 Ind. Admin. Code 1-2.5-78. However, information voluntarily provided to the health department through a voluntary contact notification program may not be used as evidence in a court proceeding to determine non-compliance with public health laws, which includes Ind. Code Ann. § 16-41-7-1. Ind. Code Ann. § 16-41-8-2(a). Additionally, communicable disease-related medical or epidemiological information in the State Health Data Center cannot be released in judicial proceedings resulting from public health investigations. Ind. Code Ann. § 16-19-10-7(a), (c)(2).

State health department records may be used in prosecutions under Ind. Code Ann. § 16-41-7-1 as evidence of a defendant’s knowledge of their duty to warn future sex and needle-sharing partners of their HIV status. Williams v. State, 86 N.E.3d 428 (Ind. Ct. App. 2017) ("Adult HIV/AIDS Confidential Case Report” completed by a registered nurse indicating defendant was informed of duty to warn, and health department “Duty to Warn” form signed by defendant upon meeting with a care coordinator/licensed social worker were sufficient evidence to support defendant’s conviction for knowingly or intentionally violating Ind. Code Ann. § 16-41-7-1 because they proved defendant had knowledge of his duty to warn and that his duty was explained to him).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No.

Disclosure to a prosecutor or defendant in connection with prosecutions for “potentially disease transmitting offenses” is permitted only after the defendant has been charged with a crime. Ind. Code Ann. § 16-41-8-4.

The law does not specify whether disclosure for the purposes of enforcing enumerated public health laws, including Ind. Code Ann. § 16-41-7-1, is permitted before or after the defendant has been charged with a crime. Ind. Code Ann. § 16-41-8-1.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Kan. Stat. Ann. § 21-5424 (Exposing another to a life threatening communicable disease)

- criminal code

- actual transmission not required

- applies to "life-threatening communicable diseases" (not defined, but defendants living with HIV have been convicted under this statute) (State v. Richardson, 289 Kan. 118, 209 P.3d 696 (2009))

- felony

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Information contained in reports of HIV and AIDS cases from providers and labs pursuant to reporting requirements, information obtained through lab tests conducted by the state health department relating to HIV and AIDS, and information obtained through health department investigations of cases of HIV and AIDS may not be disclosed in court proceedings except for proceedings involving a minor. Kan. Stat. Ann. § 65-6002(d), Kan. Stat. Ann. § 65-6003(b).

These provisions apply to any entity that holds the data.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Ky. Rev. Stat. Ann. § 529.090 (Prostitution or procuring prostitution with knowledge of sexually transmitted disease or HIV)

- criminal code

- actual transmission not required

- applies to HIV and “sexually transmitted diseases” (includes HIV and any other sexually transmitted disease designated by the state health department) (Ky. Rev. Stat. Ann. § 214.410)

- felony (if defendant is living with HIV) or misdemeanor (if defendant is living with another communicable disease)

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Although a court may order disclosure of HIV test results performed in a medical or public health setting, such an order may only permit access to a person authorized by Ky. Rev. Stat. Ann. §§ 214.181, 214.420, or 214.625, none of which authorize release to prosecutors or law enforcement. Ky. Rev. Stat. Ann. §§ 214.181, 214.625. These provisions apply to any entity that holds the data.

Identifiable surveillance data maintained by the state health department may not be released to any person or organization, whether public or private, except in compliance with federal law or consultations with other state surveillance programs and reporting sources. Ky. Rev. Stat. Ann. § 214.645(3)(j). This provision applies to the state health department.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

La. Stat. Ann. § 14:43.5 (Intentional exposure to HIV)

- criminal code

- actual transmission not required

- applies to HIV

- felony

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. A court may order disclosure of “HIV test results” if there is a compelling need for “adjudication” or a civil or criminal proceeding. La. Stat. Ann. § 40:1171.5(B)(1); 48 La. Admin. Code Pt I, 13505(G). Proceedings in connection with the application for a court order must be conducted before a judge in private. The person or entity in possession of the information, and the subject of the test results, must be given notice and an opportunity to prepare a written response or appear in person to provide evidence on the statutory criteria for the issuance of an order. The court order authorizing disclosure must direct further proceedings to be conducted before the judge in private. The person receiving the information pursuant to the court order may not disclose the information to any other person, regardless of whether they are parties to the action. La. Stat. Ann. § 40:1171.5(C), (D)(1); 48 La. Admin. Code Pt I, 13505(G).

These provisions apply to state, parish, and local health departments.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

Yes. Disclosure is permitted only pursuant to a court order. La. Stat. Ann. § 40:1171.4(C)(4), 48 La. Admin. Code Pt I, 13505(C).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

Yes. Disclosure is limited to "HIV test results," defined as a document transmitted to a medical record containing the results of a test to diagnose HIV infection. La. Stat. Ann. § 40:1171.2(2), (3); 48 La. Admin. Code Pt I, 13501.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does not specify whether disclosure in connection with a criminal proceeding is permitted before or after the defendant has been charged with a crime. La. Stat. Ann. § 40:1171.5(B)(1); 48 La. Admin. Code Pt I, 13505(G).

Does the state have a law criminalizing transmission of or exposure to HIV?

No.

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Disclosure is permitted only when necessary for the state's or local jurisdiction's disease investigation, control, treatment, and prevention purposes, or for research purposes. 105 Mass. Code Regs. 300.120. This provision applies to state and local health departments.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Md. Code Ann., Health-Gen. § 18-601.1 (Knowing transfer of HIV)

- public health code

- actual transmission not required

- applies to HIV

- misdemeanor

Md. Code Ann., Health-Gen. § 18-601 (Exposure of others to infectious disease)

- public health code

- actual transmission not required

- applies to "infectious diseases that endanger public health" (not defined, but “infectious” is defined as "capable of being transmitted in a manner that can cause a disease or abnormal condition in an individual”) (Md. Code Regs. 10.06.01.02)

- misdemeanor

Md. Code Ann., Health-Gen. § 18-602 (Exposure of infectious disease by third party)

- public health code

- actual transmission not required

- applies to "infectious diseases that endanger public health" (not defined, but “infectious” is defined as "capable of being transmitted in a manner that can cause a disease or abnormal condition in an individual”) (Md. Code Regs. 10.06.01.02)

- misdemeanor

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. State health department records with personally identifiable HIV-related information that are assembled or maintained for research or study purposes are “confidential records” and may be used and disclosed only for that purpose (for example, data collected for public health surveillance may not be used or disclosed for any other purpose). Md. Code Ann., Health-Gen. § 4-102. These records are not admissible as evidence in any proceeding. Md. Code Ann., Cts. & Jud. Proc. § 10-205.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. State health department records with personally identifiable HIV-related information that are assembled or maintained for research or study purposes are “confidential records” and may be used and disclosed only for that purpose (for example, data collected for public health surveillance may not be used or disclosed for any other purpose). Md. Code Ann., Health-Gen. § 4-102. These records are not admissible as evidence in any proceeding. Md. Code Ann., Cts. & Jud. Proc. § 10-205.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. State health department records with personally identifiable HIV-related information that are assembled or maintained for research or study purposes are “confidential records” and may be used and disclosed only for that purpose (for example, data collected for public health surveillance may not be used or disclosed for any other purpose). Md. Code Ann., Health-Gen. § 4-102. These records are not admissible as evidence in any proceeding. Md. Code Ann., Cts. & Jud. Proc. § 10-205.

This includes reports of HIV/AIDS cases from providers, certain institutions, and labs reported to state and local health departments, as well as HIV/AIDS case reports submitted from local health departments to the state health department (e.g., Md. Code Ann., Health-Gen. §§ 18-201.1, 18-202.1, 18-205, 18-207; Md. Code Regs. 10.18.02.04, Md. Code Regs. 10.18.02.05).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. State health department records with personally identifiable HIV-related information that are assembled or maintained for research or study purposes are “confidential records” and may be used and disclosed only for that purpose (for example, data collected for public health surveillance may not be used or disclosed for any other purpose). Md. Code Ann., Health-Gen. § 4-102. These records are not admissible as evidence in any proceeding. Md. Code Ann., Cts. & Jud. Proc. § 10-205.

Does the state have a law criminalizing transmission of or exposure to HIV?

No.

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. A court may order disclosure of “HIV test” results included in medical records upon an application showing good cause. The law does not specify the purpose for the disclosure or limit which parties may seek an order for disclosure. Me. Rev. Stat. tit. 5, § 19203-D(2)(E).

This provision applies to any entity that holds the data.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

Yes. Disclosure is permitted only pursuant to a court order. Me. Rev. Stat. tit. 5, § 19203-D(2)(E).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

Yes. Disclosure is limited to "HIV test” results, defined as a test for the presence of an antibody to HIV or a test for an HIV antigen or other diagnostic determinants specific for HIV infection. Me. Rev. Stat. tit. 5, § 19201(5); Me. Rev. Stat. tit. 5, § 19203-D(2)(E).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does not specify whether disclosure is permitted in connection with criminal proceedings, and provides only that disclosure is permitted upon an application showing good cause. Me. Rev. Stat. tit. 5, § 19203-D(2)(E).

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Mich. Comp. Laws Ann. § 333.5210 (Intercourse while HIV positive)

- public health code

- actual transmission not required

- applies to HIV and AIDS

- felony (if defendant acts with specific intent to transmit or actual transmission occurs) or misdemeanor (if defendant acts with reckless disregard and no actual transmission occurs)

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. A court may order disclosure of HIV and AIDS data upon a finding that other ways of obtaining the information are not available or would not be effective. Mich. Comp. Laws Ann. § 333.5131(3). The law does not specify the purpose for the disclosure or limit which parties may seek an order for disclosure.

This provision applies to any entity that holds the data.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

Yes. Disclosure is permitted only pursuant to a court order and subpoena. Mich. Comp. Laws Ann. § 333.5131(3).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. Disclosure may include all records, reports, and data pertaining to testing, care, treatment, reporting, research, and partner notification associated with cases of HIV or AIDS infection. Mich. Comp. Laws Ann. § 333.5131(3).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does not specify whether disclosure is permitted in connection with criminal proceedings, and provides only that disclosure is permitted upon a finding by a court that there is a need for disclosure. Mich. Comp. Laws Ann. § 333.5131(3).

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Minn. Stat. Ann. § 609.2241 (Knowing transfer of communicable disease)

- criminal code

- actual transmission not required

- applies to “communicable diseases” (defined as "a disease that causes serious illness, serious disability, or death; the infectious agent of which may pass or be carried from the body of one person to the body of another through direct transmission")

- may be charged as assault (first, second, third, fourth, or fifth degree), attempted assault, murder (first or second degree), or attempted murder; penalties depend on the offense charged.

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. The state does not have laws specifically addressing confidentiality of health department HIV data.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. The state does not have laws specifically addressing confidentiality of health department HIV data.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. The state does not have laws specifically addressing confidentiality of health department HIV data.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The state does not have laws specifically addressing confidentiality of health department HIV data.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Mo. Ann. Stat. § 191.677 (Title XII, Ch. 191, AIDS—Prohibited acts)

- public health code

- actual transmission not required

- “serious infectious communicable” diseases (defined as “a nonairborne disease spread from person to person that is fatal or causes disabling long-term consequences in the absence of lifelong treatment and management”)

- felony or misdemeanor (penalties vary depending on whether the defendant acted knowingly or recklessly, and whether transmission actually occurred)

Mo. Ann. Stat. § 567.020 (Prostitution)

- criminal code

- actual transmission not required

- applies to HIV

- felony

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes.

A court may order disclosure of HIV data to peace officers, the attorney general, or prosecuting attorneys for the adjudication of a civil or criminal proceeding. Mo. Ann. Stat. § 191.657. Proceedings in connection with the disclosure must be conducted before a judge in private. Before the court may authorize disclosure, the person identified in the information and the person holding records must be given adequate notice of the application and may file a written response to appear in person for the limited purpose of providing evidence on whether the application should be granted or denied. Mo. Ann. Stat. § 191.657. These provision apply to any entity that holds the data.

The law explicitly permits disclosure (subject to the requirements in Mo. Ann. Stat. § 191.657) to prosecuting or circuit attorneys in connection with prosecutions under Mo. Ann. Stat. § 191.677 or Mo. Ann. Stat. § 567.020. Mo. Ann. Stat. § 191.656. This provision applies to the state health department.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

Yes. Disclosure is permitted only pursuant to a court order. Mo. Ann. Stat. § 191.657.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No.

Disclosure may include all information and records “concerning an individual’s HIV infection status” or the results of an individual’s "HIV testing." Mo. Ann. Stat. § 191.656. “HIV testing” is a test to determine the presence of HIV or its antibodies. Mo. Ann. Stat. § 191.650.

Disclosure of health department data in connection with prosecutions pursuant to Mo. Ann. Stat. § 567.020 and Mo. Ann. Stat. § 191.677 may also include contact information and HIV test results of individuals with whom the defendant has had sexual intercourse. Mo. Ann. Stat. § 191.656.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No.

Health department information released in connection with prosecutions pursuant to Mo. Ann. Stat. § 567.020 and Mo. Ann. Stat. § 191.677 may be used for investigative and prosecutorial purposes. Mo. Ann. Stat. § 191.656.

The law does not specify whether disclosure in connection with other criminal proceedings is permitted before or after the defendant has been charged with a crime. Mo. Ann. Stat. § 191.657.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Miss. Code. Ann. § 97-27-14 (Endangerment by bodily substance)

- criminal code

- actual transmission not required

- applies to HIV, hepatitis B, and hepatitis C

- felony

Miss. Code. Ann. § 41-23-2 (Violating lawful order; life-threatening communicable diseases)

- public health code

- actual transmission not required

- applies to “life-threatening communicable diseases”

- felony

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. Physicians, health care institutions, and laboratories that positively identify cases of HIV must report said cases to the state’s Department of Health.  Case reports must include identifiable information (including the patient’s name and address).  All reports are “confidential.”  State law does not specifically address whether this confidentiality protects reported cases of HIV from law enforcement and/or prosecution purposes.  15 Code Miss. R. Pt. 2, Subpt. 11, R. 1.1.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. There is no explicit authority for the health department to release data related to HIV for law enforcement or prosecution purposes.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. There is no explicit authority for the health department to release data related to HIV for law enforcement or prosecution purposes.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. There is no explicit authority for the health department to release data related to HIV for law enforcement or prosecution purposes.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Mont. Code Ann. § 50-18-112 (Infected person not to expose another to sexually transmitted disease)

- public health code

- actual transmission not required

- applies to "sexually transmitted diseases" (including HIV but not hepatitis) (Mont. Code Ann. § 50-18-101)

- misdemeanor

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. Disclosure of “health care information” related to HIV and other reportable diseases is permitted to district courts when necessary to implement or enforce state statues or local health rules concerning prevention or control of reportable diseases, which includes Mont. Code Ann. § 50-18-112. Mont. Code Ann. § 50-16-603(7).

This provision applies to state and local health departments.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. The law does not specify whether a court order, subpoena, or other type of request is required for disclosure. Mont. Code Ann. § 50-16-603(7).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. Release may include "health care information" in the possession of a state or local HD, defined as oral or written information that identifies an individual and relates to the individual's health care or status, including information received pursuant to state laws or rules relating to communicable disease. Mont. Code Ann. § 50-16-603(7). This includes the results of an "HIV diagnostic test," defined as a test designed to detect the presence of HIV or its antibodies, or the identity of the subject of such a test. Mont. Code Ann. §§ 50-16-1003, 50-16-1009(1). It also includes "information" concerning persons infected or reasonably suspected to be infected with an STD, including but not limited to any oral or written knowledge or intelligence concerning the location or nature of activities or work of state, local, and federal employees engaged in STD eradication work. Mont. Code Ann. § 50-18-109.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does not specify whether disclosure for the purposes of implementing or enforcing state statues or local health rules concerning prevention or control of reportable diseases (which includes Mont. Code Ann. § 50-18-112) is permitted before or after the defendant has been charged with a crime. Mont. Code Ann. § 50-16-603(7).

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

N.C. Gen. Stat. Ann. § 130A-25 (Violation of public health regulations a misdemeanor)

- public health code

- actual transmission not required

- imposes misdemeanor penalties for violations of control measures related to communicable diseases, including control measures for HIV (10A N.C. Admin. Code 41A.0202), hepatitis B (10A N.C. Admin. Code 41A.0203), and hepatitis C (10A N.C. Admin. Code 41A.0214)

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes.

Disclosure of data related to HIV or other reportable diseases is permitted pursuant to a court order or a subpoena from a judicial official. The statute does not specify the purpose of the disclosure or limit which parties may seek an order or subpoena for disclosure. The person identified in the record may request that the record be reviewed before a judge in private. N.C. Gen. Stat. Ann. § 130A-143(6). This provision applies to any entity that holds the data.

Disclosure of data related to HIV or other communicable diseases is permitted to law enforcement officials to prevent or lessen a serious or imminent threat to the health or safety of a person or the public. A state or local health department may also request law enforcement assistance for preventing or controlling the spread of disease, and release information necessary for that purpose; law enforcement may further disclose the information if the state or local health department seeking such assistance expressly authorizes further disclosure. This includes release for criminal investigations of potential control measure violations under N.C. Gen. Stat. Ann. § 130A-25. N.C. Gen. Stat. Ann. § 130A-143(7a). This provision applies to state and local health departments.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No.

Disclosure under N.C. Gen. Stat. Ann. § 130A-143(6) is permitted pursuant to either a court order or a subpoena issued by a judicial official. N.C. Gen. Stat. Ann. § 130A-143(6).

A state or local health department may release information to law enforcement officials to prevent or lessen a serious or imminent threat to the health or safety of a person or the public, or to prevent or control the spread of disease, is permitted without a court order or subpoena. This includes release for criminal investigations of potential control measure violations under N.C. Gen. Stat. Ann. § 130A-25. N.C. Gen. Stat. Ann. § 130A-143(7a).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. Disclosure may include all publicly and privately maintained records and information that identify a person who has or may have a reportable condition. N.C. Gen. Stat. Ann. § 130A-143.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No.

The law does not specify whether disclosure pursuant to a court order or subpoena from a judicial official is permitted in connection with criminal proceedings. N.C. Gen. Stat. Ann. § 130A-143(6).

Disclosure to law enforcement officials to prevent or lessen a serious or imminent threat to the health or safety of a person or the public, or to prevent or control the spread of disease, is permitted for criminal investigations of potential control measure violations under N.C. Gen. Stat. Ann. § 130A-25. N.C. Gen. Stat. Ann. § 130A-143(7a).

Does the state have a law criminalizing transmission of or exposure to HIV? 

Yes. 

N.D. Cent. Code Ann. § 12.1-20-17 (Transfer of body fluid that may contain the human immunodeficiency virus) 

• criminal code 
• actual transmission not required 
• applies to HIV and AIDS 
• felony 

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes? 

Yes. The law permits disclosure to a law enforcement authority in limited circumstances and at the discretion of the health department. 

A state or local health department may (but is not required to) disclose protected health information related to reportable diseases, including HIV/AIDS, in response to a law enforcement inquiry. The health department may only disclose protected health information after it has determined: 1) that disclosure is necessary to a legitimate law enforcement inquiry that has begun or may be initiated into a particular violation of a criminal or public health law, and 2) that the investigative or evidentiary needs of the law enforcement authority cannot be satisfied with non-identifiable information or any other information. The health department must impose appropriate safeguards against unauthorized or improper use or disclosure, and must limit release to the minimum amount of information necessary to fulfill the purpose of the disclosure. N.D. Cent. Code Ann. § 23-01.3-06. Within these parameters, and consistent with other state or federal law, the health department has discretion to decide whether and under what terms it will release information to a law enforcement authority. N.D. Op. Att'y Gen. No. O-08 (2020). 

The law provides various additional safeguards against improper disclosure or use of the information, including but not limited to: 1) prohibiting the information from being disclosed or used in connection with an unrelated law enforcement inquiry, 2) requiring return or destruction of the information once its purpose has been fulfilled, and 3) redaction of personally identifiable information prior to public disclosure of records in a legal proceeding. N.D. Cent. Code Ann. § 23-01.3-06. 

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances? 

No. Consistent with other state or federal law, the health department has discretion to decide whether and under what terms it will release information to a law enforcement authority, and the types of information to be disclosed. N.D. Op. Att'y Gen. No. O-08 (2020). In exercising that discretion, the health department must impose appropriate safeguards against unauthorized or improper use or disclosure, and must limit release to the minimum amount of information necessary to fulfill the purpose of the disclosure. N.D. Cent. Code Ann. § 23-01.3-06. 

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors? 

No. The law permits disclosure of “protected health information” that identifies or could reasonably be used to identify an individual, and which relates to a past, present, or future health condition, provision of health care, or payment for health care. N.D. Cent. Code Ann. §§ 23-01.3-06, 23-01.3-01. Consistent with other state or federal law, the health department has discretion to decide the types of information to be disclosed. N.D. Op. Att'y Gen. No. O-08 (2020). In exercising that discretion, the health department must limit release to the minimum amount of information necessary to fulfill the purpose of the disclosure. N.D. Cent. Code Ann. § 23-01.3-06. 

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters? 

No. Disclosure of protected health information to a law enforcement authority is permitted in connection with a legitimate law enforcement inquiry that has begun or may be initiated into a particular violation of a criminal or public health law. Consistent with other state or federal law, the health department has discretion to decide whether and under what circumstances it will release information to a law enforcement authority. N.D. Op. Att'y Gen. No. O-08 (2020).

Does the state have a law criminalizing transmission of or exposure to HIV?

No.

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Information reported by providers and labs under communicable disease reporting requirements, investigations resulting from such reports, or related records pertaining to prescription, provision, or dispensing of prescription drugs may not be released upon subpoena and is not admissible as evidence in any legal proceeding. Neb. Rev. Stat. Ann. § 71-503.01(1). This provision applies to state and local health departments.

The protections in Neb. Rev. Stat. Ann. § 71-503.01 also apply to data collected by the state health department through the Syndromic Surveillance Program. Neb. Rev. Stat. Ann. § 71-552, which includes monitoring, detection, and investigation of public health threats from clusters or outbreaks of communicable diseases.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does the state have a law criminalizing transmission of or exposure to HIV?

No.

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. While state law does not explicitly permit release to courts or law enforcement, the law states that HIV data obtained by subpoena or any other method of discovery may not be released or made public outside of those proceedings. This implies that release is permitted pursuant to subpoena or other method of discovery in connection with some types of legal proceedings. N.H. Rev. Stat. Ann. § 141-F:8(II). The law does not specify the purpose for the disclosure or limit which parties may seek an order for disclosure or otherwise receive data.

This provision applies to any entity that holds the data, including but not limited to the state health department.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. While state law does not explicitly permit release to courts or law enforcement, the law states that HIV data obtained by subpoena or any other method of discovery may not be released or made public outside of those proceedings. This implies that release is permitted pursuant to subpoena or other method of discovery in connection with some types of legal proceedings. N.H. Rev. Stat. Ann. § 141-F:8(II).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

Yes. Disclosure is limited to any information pertaining to a person’s testing for HIV. N.H. Rev. Stat. Ann. § 141-F:8(II).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does not specify whether disclosure is permitted in connection with criminal proceedings. N.H. Rev. Stat. Ann. § 141-F:8(II).

Does the state have a law criminalizing transmission of or exposure to HIV?

No.

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. A court may order disclosure of HIV and AIDS data in connection with prosecutions for first degree crimes where there is a reasonable likelihood that the record will disclose material information or evidence of substantial value in connection with the investigation or prosecution. Records may not otherwise be used to initiate or substantiate any criminal or civil charges against a person who is the subject of the record or to conduct any investigation of that person. Before granting an order for disclosure, the court must make a specific finding that the program in possession of the information was afforded an opportunity to be represented at the hearing. If the program in possession of the information is operated by a federal, state, or local government agency, that program must be represented at the hearing. N.J. Stat. Ann. § 26:5C-9.

The law broadly allows a court to order disclosure of HIV data upon an application showing good cause, following a hearing to determine good cause. N.J. Stat. Ann. § 26:5C-9. Courts have found that this does not apply to criminal prosecutions. State v. C.M., No. A-5087-11T4, 2013 WL 3582074, at *3 (N.J. Super. Ct. App. Div. July 16, 2013), but disclosure in connection with civil matters is likely permitted.

This provision applies to any entity that holds the data, including but not limited to state and local health departments.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

Yes. Disclosure is permitted only pursuant to a court order. N.J. Stat. Ann. § 26:5C-9.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. Disclosure may include any records maintained by the state or local health department which contain identifying information about a person who has or is suspected of having AIDS or HIV infection, and records in the possession of a “program” related to past or current participants in the program. N.J. Stat. Ann. §§ 26:5C-7, 26:5C-9, 26:5C-10. A “program” is any individual or organization furnishing diagnosis and treatment of AIDS and conditions related to HIV infection. N.J. Stat. Ann. § 26:5C-5.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. Disclosure is permitted in connection with investigations of or prosecutions for a first degree crime of which the defendant is suspected. Records may not otherwise be used to initiate or substantiate any criminal or civil charges against a person who is the subject of the record or to conduct any investigation of that person. N.J. Stat. Ann. § 26:5C-9.

Does the state have a law criminalizing transmission of or exposure to HIV?

No.

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. There is no explicit authority for the health department to release data related to HIV for law enforcement or prosecution purposes.

The state health department may disclose HIV test results with identifiable information only to the following individuals and entities: 1) the subject of the test; 2) the person/entity that ordered the test; 3) federal, state, local, or tribal public health agencies, for public health purposes; and 4) health care personnel, upon a demonstrated need for the information to ensure the health and safety of either the subject of the test or someone who has been “significantly exposed to the subject of the test.” N.M. Stat. Ann. § 24-2B-6(B).

For disclosure purposes, “[HIV] test” refers to “a procedure that definitively diagnoses the presence of human immunodeficiency virus infection, either through the detection of the virus itself or the detection of antibodies against the virus.” N.M. Stat. Ann. § 24-2B-6(C)(2).

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. There is no explicit authority for the health department to release data related to HIV for law enforcement or prosecution purposes.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. There is no explicit authority for the health department to release data related to HIV for law enforcement or prosecution purposes.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. There is no explicit authority for the health department to release data related to HIV for law enforcement or prosecution purposes.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Nev. Rev. Stat. Ann. § 441A.180 (Contagious person to prevent exposure to others)

• public health code 
• actual transmission not required 
• applies to “communicable diseases," including HIV (Nev. Admin. Code 441A.040) 
• misdemeanor 

NOTES: 

A person alleged to have exposed or attempted to expose another person to a communicable disease may not be charged for any offense other than the offenses set forth in Nev. Rev. Stat. Ann. § 441A.180. The fact that a person has a communicable disease must not be used to satisfy any element of an offense other than the offenses set forth in Nev. Rev. Stat. Ann. § 441A.180. 

The law criminalizes conduct that has a "high probability," as determined using current medical or epidemiological evidence, of transmitting a communicable disease to another person. The state board of health must adopt regulations prescribing requirements for determining the sufficiency and legitimacy of such medical or epidemiological evidence.

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. Disclosure of data related to HIV or other communicable diseases is permitted in connection with prosecutions for violating public health laws related to infectious diseases. This includes prosecutions pursuant to Nev. Rev. Stat. Ann. § 441A.180. Nev. Rev. Stat. Ann. § 441A.220.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. The law does not specify whether a court order, subpoena, or other type of request is required for disclosure. Nev. Rev. Stat. Ann. § 441A.220.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. Disclosure may include all information obtained by the health department from any person reporting a case or suspected case of a communicable disease or drug overdose, from any person who has a communicable disease or has suffered a drug overdose, or from health department investigations. Nev. Rev. Stat. Ann. § 441A.220.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does not specify whether disclosure in connection with prosecutions for violating public health laws related to infectious diseases is permitted before or after the defendant is charged with a crime. Nev. Rev. Stat. Ann. § 441A.220.

Does the state have a law criminalizing transmission of or exposure to HIV?

No.

Under N.Y. Pub. Health Law § 2307, it is a misdemeanor offense for an individual who knows they are living with an “infectious venereal disease” to engage in sexual intercourse without disclosing their status to their partner(s). However, The New York State Health Department made a public statement in 2017 clarifying that N.Y. Pub. Health Law § 2307 applies only to “acute, bacterial venereal disease such as syphilis or gonorrhea.”

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. A court may order disclosure of “confidential HIV-related information” upon an application showing a compelling need for disclosure for the adjudication of a criminal or civil proceeding. Proceedings in connection with the application must be conducted before a judge in private. The person or entity in possession of the information must be given notice of the application and may file a written response to appear in person for the limited purpose of providing evidence on whether the application should be granted or denied. N.Y. Pub. Health Law § 2785. The law does not limit which parties may seek an order for disclosure. This provision applies to any provider of “health or social services” that holds the data, including but not limited to state, county, and local health departments and the state ADAP program. N.Y. Pub. Health Law §§ 2780, 2782(2)(d).

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

Yes. Disclosure is permitted only pursuant to a court order. N.Y. Pub. Health Law § 2785.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

Yes. Disclosure of "confidential HIV-related information” is limited to information concerning whether an individual has been the subject of an “HIV-related test” or has HIV infection, an HIV-related illness, or AIDS, or information which identifies or reasonably could identify an individual as having one or more of such conditions, including information pertaining to such individual's contacts. An “HIV-related test” is any lab test approved for the diagnosis of HIV. N.Y. Pub. Health Law §§ 2780, 2785. This applies to information held by any provider of “health or social services,” including but not limited to state, county, and local health departments and the state ADAP program. N.Y. Pub. Health Law §§ 2780, 2782(2)(d).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does not specify whether disclosure in connection with criminal proceedings is permitted before or after the defendant has been charged with a crime. N.Y. Pub. Health Law § 2785.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Ohio Rev. Code Ann. § 2903.11 (Felonious assault)

- criminal code

- actual transmission not required

- applies to HIV and AIDS

- felony

Ohio Rev. Code Ann. § 3701.81 (Spreading contagion)

- public health code

- actual transmission not required

- applies to “dangerous, contagious” diseases (not defined)

- misdemeanor

Ohio Rev. Code Ann. § 2907.25 (Prostitution after positive HIV test)

- criminal code

- actual transmission not required

- applies to HIV and AIDS

- felony

Ohio Rev. Code Ann. § 2907.24 (Solicitation after positive HIV test)

- criminal code

- actual transmission not required

- applies to HIV and AIDS

- felony

Ohio Rev. Code Ann. § 2907.241 (Loitering to engage in solicitation after positive HIV test)

- criminal code

- actual transmission not required

- applies to HIV and AIDS

- felony

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes.

Disclosure of HIV data is permitted to law enforcement authorities pursuant to a search warrant or subpoena issued by or at the request of a grand jury, a prosecuting attorney, a city director of law, or village solicitor, in connection with a criminal investigation or prosecution. Ohio Rev. Code Ann. § 3701.243(B). Disclosure pursuant to subpoena or search warrant is permitted for investigational purposes only – further disclosure, including as evidence in court, requires a court order issued in compliance with Ohio Rev. Code Ann. § 3701.243(C). State v. Gonzalez, 796 N.E.2d 12, 25 (Ohio App. 1st Dist. 2003).

Under Ohio Rev. Code Ann. § 3701.243(C), a person or government agency may seek a court order allowing them to either: 1) access another person’s HIV test records, or 2) disclose another person’s HIV test records (including disclosure as evidence in court). A court may issue such an order upon a finding, by clear and convincing evidence, that there is a compelling need for the disclosure which cannot be accommodated by other means. Proceedings shall be conducted before a judge in private. The court shall provide the person identified in the information with notice and opportunity to participate in the proceedings if they are not already a party. Ohio Rev. Code Ann. § 3701.243(C). Such an order may be issued in connection with a civil or criminal matter. State v. Gonzalez, 796 N.E.2d 12, 25. However, the law does not limit which parties may seek a court order, or specify circumstances in which such an order would be permissible; instead, the court must determine whether the requesting party has demonstrated a compelling need for disclosure which cannot be accommodated by other means.

These provisions apply to data held by any person or state or local government agency that obtains the information while providing a health care service. Ohio Admin. Code 3901-1-02(F)(16).

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No.

Disclosure to law enforcement authorities for investigational purposes in criminal matters is permitted pursuant to a search warrant or subpoena issued by or at the request of a grand jury, prosecuting attorney, city director of law or similar chief legal officer of a municipal corporation, or a village solicitor. Ohio Rev. Code Ann. § 3701.243(B). However, a court order is required before the information may be further disclosed, including as evidence in court. Ohio Rev. Code Ann. § 3701.243(C).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

Yes. Disclosure to law enforcement pursuant to subpoena or search warrant is limited to the results of an HIV test, the identity of an individual upon whom an HIV test is performed, the identity of a person who is diagnosed as having AIDS or an AIDS-related condition, and information reported by providers and labs under HIV and AIDS reporting requirements. Ohio Rev. Code Ann. §§ 3701.24(D), 3701.243(A).

Disclosure pursuant to a court order may include the types of information listed above, in addition to information obtained or maintained in the state HD's confidential partner notification system to alert and counsel sexual contacts of PLWH. Ohio Rev. Code Ann. § 3701.241(A)(3).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. Disclosure is permitted to law enforcement authorities in connection with a criminal investigation, before the defendant has been charged with a crime. Disclosure for investigational purposes is permitted pursuant to a search warrant or subpoena issued by or at the request of a grand jury, a prosecuting attorney, a city director of law, or village solicitor. Ohio Rev. Code Ann. § 3701.243(B).

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Okla. Stat. Ann. tit. 21, § 1192.1 (Knowingly engaging in conduct reasonably likely to transfer HIV virus)

- criminal code

- actual transmission not required

- applies to HIV and AIDS

- felony

Okla. Stat. Ann. tit. 21, § 1199 (Exposing oneself or another with contagious disease)

- criminal code

- actual transmission not required

- applies to “contagious” diseases (not defined)

- misdemeanor

Okla. Stat. Ann. tit. 21, § 1031 (Knowingly engaging in prostitution while infected with HIV)

- criminal code

- actual transmission not required

- applies to HIV

- felony

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. A court may order disclosure of data related to HIV or other reportable diseases. Okla. Stat. Ann. tit. 63, § 1-502.2(A)(1). The law does not specify the purpose for the disclosure or limit which parties may seek an order for disclosure.

This provision applies to the state health department.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

Yes. Disclosure is permitted only pursuant to a court order. Okla. Stat. Ann. tit. 63, § 1-502.2(A)(1).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. Disclosure may include all health department information and records concerning any person who has participated in a public health investigation or who may have a reportable disease. Okla. Stat. Ann. tit. 63, § 1-502.2(A)(1).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does not specify whether disclosure is permitted in connection with criminal proceedings, and provides only that disclosure is permitted pursuant to a court order. Okla. Stat. Ann. tit. 63, § 1-502.2(A)(1).

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Or. Rev. Stat. Ann. § 433.010 (Prohibition on the spreading of communicable diseases)

- public health code

- actual transmission required

- communicable diseases (defined as "a disease or condition, the infectious agent of which may be transmitted by any means from one person or from an animal to another person, that may result in illness, death or severe disability”) (Or. Rev. Stat. Ann. § 431A.005)

- felony (Or. Rev. Stat. Ann. § 433.990)

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Information obtained in the course of an investigation of a reportable disease or disease outbreak is exempt from disclosure. However, health department employees may be examined in an administrative or judicial proceeding about the existence or contents of reportable disease reports disease investigations as required for the administration or enforcement of public health laws, which includes Or. Rev. Stat. Ann. § 433.010. Or. Rev. Stat. Ann. § 433.008(1). These provisions apply to state and local health departments.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

18 Pa. Stat. Ann. § 5902 (Prostitution and related offenses)

- criminal code

- actual transmission not required

- applies to HIV and AIDS

- felony

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. A court may order disclosure of "confidential HIV-related information” upon a finding that the person seeking the information has demonstrated a compelling need for the information that cannot be accommodated by other means, or that the person seeking to disclose the information has a compelling need to do so. Proceedings in connection with the application must be conducted before a judge in private. Before granting an order for disclosure and as soon as practicable after the filing of the petition for disclosure, the court must provide the person identified in the information with a reasonable opportunity to participate in the proceedings if they are not already a party. The applicant seeking the information may request an expedited hearing under certain circumstances. 35 Pa. Stat. Ann. §§ 7607(a)(10), 7608. The law does not specify the purpose for the disclosure or limit which parties may seek an order for disclosure, although courts have found that a “compelling need” may be a need for litigation purposes and orders for disclosure have been granted in criminal prosecutions. See, e.g., Com. v. Doe, 40 Pa. D. & C.4th 72 (Pa. Com. Pl. 1998); Com. v. Clark, 21 Pa. D. & C.4th 263 (Pa. Com. Pl. 1993), aff'd, 685 A.2d 1040 (Pa. Super. 1996); Com. v. J.T., 27 Pa. D. & C.4th 118 (Pa. Com. Pl. 1994).

This provision applies to any provider of “health or social services” that holds the data. Pa. Stat. Ann. tit. 35, § 7603.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

Yes. Disclosure is permitted only pursuant to a court order. 35 Pa. Stat. Ann. §§ 7607(a)(10), 7608.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

Yes. Disclosure is limited to "confidential HIV-related information.” 35 Pa. Stat. Ann. §§ 7607, 7608. “Confidential HIV-related information” means any information in the possession of a person who provides one or more “health or social services” concerning whether an individual has been the subject of an HIV-related test, or has HIV infection, an HIV-related illness, or AIDS, or information which identifies or reasonably could identify an individual as having one or more of these conditions, including information pertaining to the individual’s contacts. An “HIV-related test” is a lab test for any virus, antibody, antigen or etiologic agency whatsoever thought to cause or to indicate the presence of HIV infection. 35 Pa. Stat. Ann. § 7603.

The law does not protect against disclosure of all HIV-related information, but rather information acquired and maintained as part of the provision of health or social services of HIV patients. The term “health or social services” encompasses a broad spectrum of activities, including but not limited to health care, social work, case management, and counseling; it includes almost any kind of information that links a person to an HIV test, HIV disease, any opportunistic infection of AIDS, or that could identify a person has having some kind of HIV-related condition, including information about a person’s sex or needle-sharing partners. Com. v. Clark, 21 Pa. D. & C.4th 263, 263-4 (Com. Pl. 1993), aff'd, 454 Pa. Super. 701, 685 A.2d 1040 (1996).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does not specify whether disclosure is permitted in connection with criminal proceedings, although orders for disclosure have been granted in criminal prosecutions. See, e.g., Com. v. Doe, 40 Pa. D. & C.4th 72 (Pa. Com. Pl. 1998); Com. v. Clark, 21 Pa. D. & C.4th 263 (Pa. Com. Pl. 1993), aff'd, 685 A.2d 1040 (Pa. Super. 1996); Com. v. J.T., 27 Pa. D. & C.4th 118 (Pa. Com. Pl. 1994). The law provides only that disclosure is permitted upon a finding by the court that there is compelling need for the information that cannot be accommodated by other means. 35 Pa. Stat. Ann. § 7608.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

23 R.I. Gen. Laws Ann. § 23-11-1 (Exposure of another to infection)

- public health code

- actual transmission not required

- applies to sexually transmitted diseases (applies to sexually transmitted diseases designated by the state health department; list of sexually transmitted diseases on health department website includes HIV, AIDS, hepatitis B, and hepatitis C)

- misdemeanor

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. Rhode Island regulations related to confidentiality and reporting of infectious diseases do not address data release to courts, law enforcement, or prosecutors. 216 R.I. Code R. 30-05-1.1 et seq. Health department HIV records are confidential and cannot be released except as provided by other law. 23 R.I. Gen. Laws Ann. § 23-6.3-8. 

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances? 

No. Rhode Island regulations related to confidentiality and reporting of infectious diseases do not address data release to courts, law enforcement, or prosecutors. 216 R.I. Code R. 30-05-1.1 et seq. Health department HIV records are confidential and cannot be released except as provided by other law. 23 R.I. Gen. Laws Ann. § 23-6.3-8. 

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors? 

No. Rhode Island regulations related to confidentiality and reporting of infectious diseases do not address data release to courts, law enforcement, or prosecutors. 216 R.I. Code R. 30-05-1.1 et seq. Health department HIV records are confidential and cannot be released except as provided by other law. 23 R.I. Gen. Laws Ann. § 23-6.3-8. 

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters? 

No. Rhode Island regulations related to confidentiality and reporting of infectious diseases do not address data release to courts, law enforcement, or prosecutors. 216 R.I. Code R. 30-05-1.1 et seq. Health department HIV records are confidential and cannot be released except as provided by other law. 23 R.I. Gen. Laws Ann. § 23-6.3-8.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

S.C. Code § 44-29-145 (Penalty for exposing others to Human Immunodeficiency Virus)

- public health code

- actual transmission not required

- applies to HIV

- felony

S.C. Code Ann. § 44-29-60 (Infection of another with sexually transmitted disease)

- public health code

- actual transmission not required

- applies to reportable sexually transmitted diseases (including HIV, hepatitis B, hepatitis C and any other sexually transmitted disease designated by the state health department) (S.C. Code Ann. Regs. 61-21)

- misdemeanor

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. A court may order disclosure of test results related to HIV or other sexually transmitted diseases to solicitors and state criminal law enforcement upon a finding by a court that there is a compelling need for the disclosure and that disclosure is necessary to enforce laws and regulations concerning the control and treatment of sexually transmitted disease. S.C. Code Ann. §§ 44-29-135(c), 44-29-136. This includes disclosures in connection with prosecutions pursuant to S.C. Code Ann. § 44-29-60 (Infection of another with sexually transmitted disease) and SC Code § 44-29-145 (Penalty for exposing others to Human Immunodeficiency Virus), but does not include disclosure for the purposes of civil litigation. Doe v. Am. Nat. Red Cross, 788 F. Supp. 884, 888 (D.S.C. 1992). Proceedings in connection with the request for disclosure must be conducted before a judge in private unless the subject of the test results requests a hearing in open court. The health department and the person identified in the information must be given a reasonable opportunity to participate in the hearings related to the request for disclosure. An order may not be issued solely on the basis of anonymous information. The person who provides information relied upon by law enforcement or a solicitor to obtain records must sign a sworn affidavit setting forth the facts upon which the allegations are based, and shall appear and be subject to examination and cross-examination at the hearing to determine whether an order requiring disclosure should be granted. S.C. Code Ann. § 44-29-136.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

Yes. Disclosure is permitted only pursuant to a court order. S.C. Code Ann. § 44-29-136.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

Yes. Disclosure of health department information is limited to “a portion of a person’s sexually transmitted disease test results”. No information regarding persons other than the subject of the test results may be disclosed. S.C. Code Ann. § 44-29-136. However, courts have interpreted the statute as permitting disclosure of other “medical information” in addition to test results. This includes evidence that the defendant learned of their test results on or before a certain date, including but not limited to counseling records pertaining to the defendant’s notification of their HIV status. Ex parte Dep't of Health & Envtl. Control, 350 S.C. 243, 251, 565 S.E.2d 293, 297 (2002).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does not specify whether disclosure is permitted before or after a defendant has been charged with a crime. However, disclosure may be made to state criminal law enforcement agencies, which suggests that disclosure may be made for investigative purposes. S.C. Code Ann. § 44-29-136.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

S.D. Codified Laws § 22-18-31 (Intentional exposure to HIV infection)

- criminal code

- actual transmission not required

- applies to HIV

- felony

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes.

A court may order disclosure of HIV data to prosecutors investigating a violation of S.D. Codified Laws § 22-18-31. S.D. Codified Laws § 34-22-12.1(5).

Disclosure of information related to HIV and other reportable diseases is permitted to the attorney general or state’s attorney if the Secretary of the Department of Health has reasonable cause to suspect that a person has violated S.D. Codified Laws § 22-18-31. S.D. Codified Laws § 34-22-12.1(6).

These provisions apply to the state health department.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No.

Disclosure to prosecutors for an investigation of a violation of S.D. Codified Laws § 22-18-31 is permitted only pursuant to a court order. S.D. Codified Laws § 34-22-12.1(5).

The law does not specify whether a court order, subpoena, or other type of request is required for disclosure to the attorney general or state’s attorney when the Secretary of the Department of Health has reasonable cause to suspect that a person has violated S.D. Codified Laws § 22-18-31. S.D. Codified Laws § 34-22-12.1(6).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

Yes.

Disclosure to prosecutors pursuant to a court order for investigating violations of violation of S.D. Codified Laws § 22-18-31 is limited to HIV test results and “related information” obtained pursuant to communicable disease reporting requirements. S.D. Codified Laws § 34-22-12.1(5).

Disclosure to the attorney general or state’s attorney when the Secretary of the Department of Health has reasonable cause to suspect that a person has violated S.D. Codified Laws § 22-18-31 is limited to “medical or epidemiological” information obtained pursuant to communicable disease reporting requirements. S.D. Codified Laws § 34-22-12.1(6).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. Disclosure is permitted to prosecutors investigating violations of S.D. Codified Laws § 22-18-31, or to the attorney general or state’s attorney when the Secretary of the Department of Health has reasonable cause to suspect that a person has violated S.D. Codified Laws § 22-18-31. S.D. Codified Laws § 34-22-12.1(5), (6).

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Tenn. Code Ann. § 39-13-109 (Criminal exposure of another to HIV, HBV, or HCV)

- criminal code

- actual transmission not required

- applies to HIV, hepatitis B, and hepatitis C

- felony (HIV) or misdemeanor (hepatitis B or C)

Tenn. Code Ann. § 39-13-516 (Aggravated prostitution)

- criminal code

- actual transmission not required

- applies to HIV

- felony

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes.

Disclosure of information related to HIV and other sexually transmitted diseases is permitted to county and district courts or "appropriate state agencies" to enforce laws and regulations governing control and treatment of sexually transmitted diseases. Tenn. Code Ann. § 68-10-113(3). However, the District Attorney General is not an “appropriate state agency” to receive health department records about a person living with HIV and must usually obtain a court order to obtain access to such records (with limited exceptions), including when seeking information in connection with criminal prosecutions under Tenn. Code Ann. §§ 39-13-516 and 39-13-109. State of Tennessee, Office of the Attorney General, Opinion No. 01-146, Sept. 24, 2001.

Disclosure of information related to HIV and other sexually transmitted diseases is permitted in connection with legal proceedings, including in connection with criminal prosecutions under Tenn. Code Ann. §§ 39-13-516 and 39-13-109. Tenn. Code Ann. § 68-10-113(6); State of Tennessee, Office of the Attorney General, Opinion No. 01-146, Sept. 24, 2001.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No.

Disclosure to county and district courts to enforce laws and regulations governing control and treatment of sexually transmitted diseases is generally permitted without court order or subpoena. Tenn. Code Ann. § 68-10-113(3). The District Attorney General may obtain health department records about a person living with HIV without a court order only if the District Attorney General is prosecuting, or considering prosecuting, an individual for intentionally escaping mandatory quarantine (Tenn. Code Ann. § 39-13-108) or violating sexually transmitted disease statutes (Tenn. Code Ann. § 68-10-111). This does not include prosecutions under Tenn. Code Ann. §§ 39-13-516 and 39-13-109—disclosure in connection with these prosecutions requires a court order. State of Tennessee, Office of the Attorney General, Opinion No. 01-146, Sept. 24, 2001.

Disclosure in connection with legal proceedings is permitted only pursuant to a court order. Tenn. Code Ann. § 68-10-113(6). This includes disclosure to the District Attorney General in connection with most prosecutions (with limited exceptions), including prosecutions under Tenn. Code Ann. §§ 39-13-516 and 39-13-109. State of Tennessee, Office of the Attorney General, Opinion No. 01-146, Sept. 24, 2001.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

Yes.

Disclosure of health department information to courts without a court order for the purposes of enforcing laws and regulations governing control and treatment of sexually transmitted diseases is limited to “medical and epidemiological information” related to HIV and other sexually transmitted diseases. Tenn. Code Ann. § 68-10-113(3).

The law does not limit the type of information that may be released pursuant to a court order during a legal proceeding, including prosecutions under Tenn. Code Ann. §§ 39-13-516 and 39-13-109. Tenn. Code Ann. § 68-10-113(6). Where the District Attorney General must obtain a court order to access health department records about a person living with HIV, disclosure may include “all records and information” held by state or local health departments related to known or suspected cases of HIV and other sexually transmitted diseases and is not limited to written information. Health department employees are therefore prohibited from discussing with the District Attorney General factual information about an HIV patient which is not recorded in the patient chart, but which would go to the patient’s intention to commit a crime. State of Tennessee, Office of the Attorney General, Opinion No. 01-146, Sept. 24, 2001.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does not specify whether disclosure is permitted before or after a defendant has been charged with a crime. Tenn. Code Ann. § 68-10-113(3), (6).

Does the state have a law criminalizing transmission of or exposure to HIV?

No.

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Disclosure of medical or epidemiological information about HIV and other reportable diseases is permitted to federal, county, or district courts to comply with laws and regulations relating to control and treatment of communicable diseases and health conditions. Tex. Health & Safety Code Ann. § 81.046(c)(3). This provision applies to public health district, health authorities, local health departments, and the state health department.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Utah Code Ann. § 26B-7-205 (Willful introduction of communicable disease) 

• public health code 
• actual transmission required 
• applies to communicable diseases (including HIV and AIDS) (Utah Code Ann. § 26B-7-201)) 
• misdemeanor

Utah Code Ann. § 76-3-203.12 (Enhanced penalty for sexual offenses committed by a person with Human Immunodeficiency Virus, Acquired Immunodeficiency Virus, hepatitis B, or hepatitis C)

• criminal code
• actual transmission not required
• applies to HIV, hepatitis B, and hepatitis C
• one classification higher than the root offense for which the defendant was convicted (first degree felony root offenses are not enhanced)

Utah Code Ann. § 76-10-1309 (Enhanced penalties--HIV positive offender)

• criminal code
• actual transmission not required
• applies to HIV
• felony (although prostitution, patronizing a prostitute, and sexual solicitation are misdemeanors, the law imposes increased penalties if the defendant is living with HIV)

Utah Code Utah Code Ann. § 76-5-102.9 (Propelling a bodily substance)

• criminal code
• actual transmission not required
• applies to HIV, hepatitis B, and hepatitis C
• misdemeanor

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. Disclosure of data related to HIV and other reportable diseases is permitted to courts to carry out the purposes of the Utah Communicable Disease Act and related rules, which includes Utah Code Ann. § 26B -7-205. Utah Code Ann. § 26B-7-217(2)(e).

However, all information relating to an individual who willfully or maliciously or with reckless disregard for the welfare of others transmits a communicable or infectious disease is exempt from confidentiality requirements applicable to health department data. The law does not specify the circumstances under which such information may be released, and provides only that the information is not subject to the confidentiality requirements in Utah Code Ann. § 26B-7-217. Utah Code Ann. § 26B-7-220 (1)(c).

These provisions apply to state and local health departments.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. The law does not specify whether a court order, subpoena, or other type of request is required for disclosure. Utah Code Ann. § 26B-7-217(2)(e).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

Yes. Disclosure is limited to "specific medical or epidemiological information." Utah Code Ann. § 26B-7-217(2)(e). State and local health department staff may not be examined in a legal proceeding as to the existence or content of information collected pursuant to the Utah Communicable Disease Act or obtained as a result of an investigation conducted pursuant to the Act. Utah Code Ann. § 26B-7-218.

However, all information relating to an individual who willfully or maliciously or with reckless disregard for the welfare of others transmits a communicable or infectious disease is exempt from confidentiality requirements applicable to health department data. The law does not specify the circumstances under which such information may be released, and provides only that all such information is excluded from the confidentiality requirements in Utah Code Ann. § 26B-7-217. Utah Code Ann. § 26B-7-220 (1)(c).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does not specify whether disclosure is permitted in connection with criminal proceedings. Utah Code Ann. § 26B-7-217(2)(e).

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Va. Code Ann. § 18.2-67.4:1 (Infected sexual battery)

- criminal code

- actual transmission not required

- applies to "sexually transmitted infections" (not defined)

- felony

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

HIV test results may only be released as authorized under applicable federal or state law. Va. Code Ann. § 32.1-36.1. This provision applies to any entity that holds the data.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. There is no explicit authority for the health department to release data related to HIV or other communicable diseases for law enforcement or prosecution purposes.

Does the state have a law criminalizing transmission of or exposure to HIV?

No.

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. HIV-related information held by the health department may not be disclosed or discoverable in any civil, criminal, or other proceeding. Vt. Stat. Ann. tit. 18, § 1001(d)(1).

However, information about persons living with communicable diseases classified as "venereal diseases" may be released to a prosecuting officer or in court in connection with prosecutions under Vt. Stat. Ann. tit. 18, § 1105 (Marrying when infected with venereal disease) or Vt. Stat. Ann. tit. 18, § 1106 (Sexual intercourse when infected with venereal disease), both of which criminalize certain conduct by people living with gonorrhea or syphilis. Vt. Stat. Ann. tit. 18, § 1099. This provision applies to the state health department.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. HIV-related information held by the health department may not be disclosed or discoverable in any civil, criminal, or other proceeding. Vt. Stat. Ann. tit. 18, § 1001(d)(1).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. HIV-related information held by the health department may not be disclosed or discoverable in any civil, criminal, or other proceeding. Vt. Stat. Ann. tit. 18, § 1001(d)(1).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. HIV-related information held by the health department may not be disclosed or discoverable in any civil, criminal, or other proceeding. Vt. Stat. Ann. tit. 18, § 1001(d)(1).

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Wash. Rev. Code Ann. § 9A.36.011 (Assault in the first degree)

- criminal code

- actual transmission not required

- applies to HIV
- felony

Wash. Rev. Code Ann. § 70.24.027 (Intentional transmission of HIV)

- public health code

- actual transmission required

- applies to HIV

- misdemeanor

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. A court may order disclosure of data related to HIV or other sexually transmitted diseases upon an application showing good cause for the disclosure. Wash. Rev. Code Ann. § 70.02.220. The law does not specify the purpose for the disclosure or limit which parties may seek an order for disclosure.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

Yes. Disclosure is permitted only pursuant to a court order. Wash. Rev. Code Ann. § 70.02.220.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. Disclosure may include any part of the patient’s record deemed essential to fulfill the objective for which the court order was granted. Wash. Rev. Code Ann. § 70.02.220.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does not specify whether disclosure is permitted in connection with criminal proceedings, and provides only that disclosure is permitted upon an application showing good cause. Wash. Rev. Code Ann. § 70.02.220.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

Wis. Stat. Ann. § 252.19 (Communicable diseases; suspected cases; protection of public)

- public health code

- actual transmission not required

- applies to reportable communicable diseases (including HIV, AIDS, and hepatitis A-E) (Wis. Adm. Code § DHS 145.03, Wis. Admin. Code § DHS 145, App.A)

- misdemeanor

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. Disclosure of “HIV test” results is permitted pursuant to a court order. Wis. Stat. Ann. § 252.15(3m)(d)(9). The law does not specify the purpose for the disclosure or limit which parties may seek an order for disclosure.

This provision applies to any entity that holds the data.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

Yes. Disclosure is permitted only pursuant to a court order. Wis. Stat. Ann. § 252.15(3m)(d)(9).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

Yes. Disclosure is limited to "HIV test" results. Wis. Stat. Ann. § 252.15(3m)(d)(9). “HIV test” means a test for the presence of HIV or an antibody to HIV. Wis. Stat. Ann. § 252.01(2m).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does not specify whether “HIV test” results may be released in connection with criminal proceedings, and provides only that disclosure is permitted pursuant to a court order. Wis. Stat. Ann. § 252.15(3m)(d)(9).

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

W. Va. Code Ann. § 16-4-20 (Communication of disease)

- public health code

- actual transmission not required

- applies to "infectious venereal disease" (not defined, but this provision is included in Article 4 of the public health code related to sexually transmitted diseases (Ch. 16, Art. 4), which includes HIV, hepatitis C, and any other sexually transmitted disease designated by the state health department) (W. Va. Code St. R. § 64-7-19)

- misdemeanor

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes.

Disclosure of “epidemiologic” information related to reportable diseases, including HIV and AIDS, is permitted pursuant to a court order. W. Va. Code R.64-7-20(1). The law does not specify the purpose for the disclosure or limit which parties may seek an order for disclosure. This provision applies to state and local health departments.

However, disclosure of “HIV test results” is subject to heightened protections. A court may order disclosure upon a finding that the person seeking the test results has demonstrated a compelling need which cannot be accommodated by other means. Proceedings in connection with the disclosure must be conducted privately before a judge. If the individual who is the subject of the test result is not already a party in the legal matter, the court must provide them with notice and a reasonable opportunity to participate in the proceedings. W. Va. Code Ann. § 16-3C-3(a)(11); W. Va. Code R. 64-64-8(6). The law does not specify the purpose for the disclosure or limit which parties may seek an order for disclosure. This provision applies to any entity that holds the data.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

Yes. Disclosure is permitted only pursuant to a court order. W. Va. Code Ann. § 16-3C-3(a)(11); W. Va. Code R.64-64-8(6), W. Va. Code R.64-7-20(1).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

Yes.

Disclosure pursuant to a court order under W. Va. Code R.64-7-20(1) is limited to “epidemiologic information.” "Epidemiologic information" is defined as "medical and risk factor data or other information, interviews, investigative reports, other records and notes collected during the course of an epidemiologic investigation of a disease, condition, or outbreak." W. Va. Code R.64-7-2(16). "Epidemiologic investigation" is defined as "an investigation to determine the distribution, determinants and risk factors for disease in a specified population, for the purpose of prevention or control of the disease in the population; or to evaluate prevention and control efforts; or for increased understanding of the effects of the disease on the population." W. Va. Code R.64-7-2(17).

Disclosure pursuant to a court order under W. Va. Code Ann. § 16-3C-3(a)(11) and W. Va. Code R.64-64-8(6) is limited to “HIV-related test” results and the identity of the person tested. W. Va. Code Ann. § 16-3C-3(a)(11); W. Va. Code R.64-64-8(6). “HIV-related test” means a test for the HIV antibody or antigen. W. Va. Code Ann. § 16-3C-1(i).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No.

The law does not specify whether “epidemiologic” information may be released in connection with criminal proceedings, and provides only that disclosure is permitted pursuant to a court order. W. Va. Code R.64-7-20(1).

The law does not specify whether “HIV test results” may be released in connection with criminal proceedings, and provides only that disclosure is permitted upon a finding by a court that there is a compelling need for the information that cannot be accommodated by other means. W. Va. Code Ann. § 16-3C-3(a)(11); W. Va. Code R. 64-64-8(6).

Does the state have a law criminalizing transmission of or exposure to HIV?

No

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. Disclosure of information related to reportable diseases and sexually transmitted diseases, including HIV and AIDS, is permitted pursuant to a civil action for negligent or intentional infection of or exposure to a reportable disease, or pursuant to a criminal prosecution for the criminal infection of or exposure to a reportable disease. Wyo. Admin. Code 048.0046.1 § 3(v),(vi); Wyo. Admin. Code 048.0046.11 § 4(iv),(v); Wyo. Admin. Code 048.0051.1 §3(v),(vi). The law does not limit which parties may seek an order for disclosure or otherwise receive data. These provisions apply to any entity that holds the data.

Additionally, state and local health officers are required to investigate sources of sexually transmitted disease, including HIV and AIDS, and “cooperate with” and “assist” proper law enforcement officials in suppressing, and enforcing laws against, sex work that meets Wyoming’s definition of “Prostitution.” Wyo. Stat. Ann. § 35-4-133(e). This includes disclosure to law enforcement of HIV data collected pursuant to reporting requirements for health care providers, facilities, and labs. Wyo. Stat. Ann. § 35-4-132(d).

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. The law does not specify whether a court order, subpoena, or other type of request is required for disclosure in civil or criminal actions related to infection of or exposure to a disease. Wyo. Admin. Code 048.0046.1 § 3(v),(vi); Wyo. Admin. Code 048.0046.11 § 4(iv),(v); Wyo. Admin. Code 048.0051.1 §3(v),(vi).

The law does not specify whether a court order, subpoena, or other type of request is required for disclosure of sexually transmitted disease data to law enforcement officials working to suppress, or enforcing laws against, sex work that meets Wyoming’s definition of “Prostitution.” Wyo. Stat. Ann. §§ 35-4-132(d), 35-4-133(e).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. Disclosure in civil or criminal actions related to infection of or exposure to a disease may include all records pertaining to reportable diseases and sexually transmitted diseases. This includes diseases reportable under requirements for physician and lab reporting, and under requirements for pharmacist reporting of unusual trends that a pharmacist has reason to believe might be related to a "public health emergency” (including, but is not limited to, reports of pharmacy visits, prescription fills, and non-prescription medication sales). Wyo. Admin. Code 048.0046.1 § 3(v),(vi); Wyo. Admin. Code 048.0046.11 § 4(iv),(v); Wyo. Admin. Code 048.0051.1 §3(v),(vi). “Public health emergency” means an occurrence or imminent threat of an illness or health condition caused by an epidemic or pandemic disease, a novel and highly fatal infectious agent, or a biological toxin that poses a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. Wyo. Admin. Code 048.0046.11 § 3(a).

Disclosure to law enforcement officials working to suppress, or enforcing laws against, sex work that meets Wyoming’s definition of “Prostitution” may include all information and records relating to a known or suspected case of sexually transmitted disease reported, acquired, or maintained pursuant to disease reporting requirements, examination, and treatment. Wyo. Stat. Ann. §§ 35-4-132(d), 35-4-133(e).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. The law does not specify whether disclosure in connection with a criminal proceeding is permitted before or after the defendant has been charged with a crime. Wyo. Admin. Code 048.0046.1 § 3(v),(vi); Wyo. Admin. Code 048.0046.11 § 4(iv),(v); Wyo. Admin. Code 048.0051.1 §3(v),(vi).

Disclosure to law enforcement officials working to suppress, or enforcing laws against, sex work that meets Wyoming’s definition of “Prostitution” is permitted without connection to a specific criminal matter. Wyo. Stat. Ann. §§ 35-4-132(d), 35-4-133(e).

Does the state have a law criminalizing transmission of or exposure to HIV?

No.

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

No. Testimony and documents held by the health department that identify patients and their sexual partners are inadmissible as evidence without consent of the patient or sexual partner. 24 L.P.R.A. § 575b.

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No. Testimony and documents held by the health department that identify patients and their sexual partners are inadmissible as evidence without consent of the patient or sexual partner. 24 L.P.R.A. § 575b.

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

No. Testimony and documents held by the health department that identify patients and their sexual partners are inadmissible as evidence without consent of the patient or sexual partner. 24 L.P.R.A. § 575b.

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No. Testimony and documents held by the health department that identify patients and their sexual partners are inadmissible as evidence without consent of the patient or sexual partner. 24 L.P.R.A. § 575b.

Does the state have a law criminalizing transmission of or exposure to HIV?

Yes.

V.I. Code Ann. tit. 14, § 888 (Exposure by another of HIV)

- criminal code

- actual transmission not required

- applies to HIV

- felony

Does the law explicitly permit release of health department HIV data for law enforcement and/or prosecution purposes?

Yes. While state law does not explicitly permit release to courts or law enforcement, the law states that health department HIV data obtained pursuant to subpoena or testimony may not be released or made public outside of those criminal or civil proceedings. This implies that release is permitted pursuant to subpoena or testimony in connection with some types of criminal and civil proceedings.  V.I. Code Ann. tit. 19, § 32a(f).

State law also states that health department employees may not be examined on the contents of health department HIV data except in criminal or civil proceedings where the question of infection is at issue. V.I. Code Ann. tit. 19, § 32a(f)(3).

Does state law explicitly require a court order for release of health department HIV data in response to requests from courts, law enforcement, or prosecutors in all circumstances?

No.  While state law does not explicitly permit release to courts or law enforcement, the law states that health department HIV data obtained pursuant to subpoena or testimony may not be released or made public outside of those criminal or civil proceedings. This implies that release is permitted pursuant to subpoena or testimony in connection with some types of criminal and civil proceedings.  V.I. Code Ann. tit. 19, § 32a(f).

Does state law limit the type of HIV data the health department may release to courts, law enforcement, or prosecutors?

Yes.  Disclosure is limited to “tests, information and records…relating to known or suspected cases of HIV infection and AIDS.” V.I. Code Ann. tit. 19, § 32a(f)(1).  Testimonial disclosure by health department employees is limited to knowledge of pertinent records regarding an individual who was examined, diagnosed, or treated for HIV/AIDS. V.I. Code Ann. tit. 19, § 32a(f)(3).

Does state law explicitly require that a defendant be charged with a crime before health department HIV data may be released in connection with criminal matters?

No.  Health department employees may only provide testimonial disclosure in connection with criminal matters where the question of infection is at issue. V.I. Code Ann. tit. 19, § 32a(f)(3). The law does not specify whether disclosure by any other means is permitted in connection with criminal proceedings. V.I. Code Ann. tit. 19, § 32a(f).