HIV Data Protection Landscape for EHE Jurisdictions

This map summarizes state laws and regulations addressing authorities and protections related to health department HIV surveillance data release in response to data requests from courts, prosecutors, and law enforcement agencies. This map reflects laws in Priority Jurisdictions included in Phase I of the federal “Ending the HIV Epidemic: Plan for America” (EHE) initiative, which aims to end the HIV epidemic in the United States by 2030. More information about the federal “Ending the HIV Epidemic: Plan for America” initiative can be found here.

(Last updated: September 2020)

Research Protocol (September 2020)

Legend

Information available

No information

Alaska

No information

Alabama

Information available

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

Yes. 

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

- criminal code

- actual transmission not required

- applies to communicable diseases (not defined)

- felony

Ala. Code § 22-11A-21 (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 but not hepatitis)

- 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 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 in camera 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 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 in camera 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).

Disclosure of HIV data during grand jury proceedings and criminal trial is permitted in connection with prosecutions under Ala. Code § 13A-6-242 (Assault with bodily fluids), which is a felony assault. However, disclosure is not permitted in connection with prosecutions under Ala. Code § 22-11A-21 (Penalty for person afflicted with sexually transmitted disease to transmit such disease to another person), which is a misdemeanor. Ala. Code § 22-11A-38(h).

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 during grand jury proceedings and criminal trials is limited to information in the possession of the state health officer or their designee necessary to establish: that a person is seropositive for HIV infection, confirmed by appropriate methodology as determined by the Board of Health; that the individual has been notified of the fact of their HIV status; and that the individual 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).

Arkansas

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

- HIV-specific

- 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 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 disclosed to the courts. Ark. Code Ann. § 20-15-904.

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.

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.

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 in order 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, 66 Ark. App. 249, 252, 990 S.W.2d 572, 574 (1999).

Arizona

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 (not defined)

- 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. 

However, the court may order disclosure of, or authorize a search warrant for, information related to other 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. 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.

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.

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.

California

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

- 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?

Yes. A court may order disclosure of “medical records” upon a finding of probable cause that the individual has violated Cal. Health & Safety Code § 120290 (Intentional transmission of an infectious or communicable disease). The information must first be submitted to the court for in camera inspection, and may be further disclosed to the prosecutor and admissible as evidence only upon a finding by the court that the information is relevant to the offense. 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?

Yes. Disclosure is permitted only pursuant to a court order. Cal. Health & Safety Code § 120290.

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

Yes. Disclosure of information related to “infectious or communicable diseases” subject to criminalization under Cal. Health & Safety Code § 120290 is limited to production of the defendant’s medical records, or the testimony of a person with relevant knowledge of the medical records. “Medical records” is not defined. Cal. Health & Safety Code § 120290.

The law further limits how information may be used during prosecutions under Cal. Health & Safety Code § 120290. Medical records, medications, prescriptions, or medical devices may not be used as the sole basis of establishing specific intent. State and local health department surveillance data may not be released for the purposes of establishing specific intent.

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. Evidence may be released to the court for in camera inspection upon a finding of probable cause that the defendant has violated Cal. Health & Safety Code § 120290, which suggests that disclosure may be made prior to arrest for investigational purposes. Cal. Health & Safety Code § 120290.

Colorado

Connecticut

District of Columbia

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 data upon a finding, by clear and convincing evidence, that the disclosure would afford evidence probative of guilt or innocence in a criminal prosecution. The person identified in the information must be given an opportunity to contest the disclosure. D.C. Code Ann. § 7-1605; D.C. Code Ann. § 7-131.

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. D.C. Code Ann. § 7-1605; D.C. Code Ann. § 7-131.

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

Yes. Disclosure may include records incident to reports of communicable diseases obtained by the health department pursuant to reporting statutes and regulations, or HIV-related information obtained by the health department in connection with the District’s “Comprehensive AIDS Health-Care Response Plan.” The information must be probative of guilt or innocence in a criminal prosecution, as determined by the court. D.C. Code Ann. § 7-1605; D.C. Code Ann. § 7-131.

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?

Yes. Disclosure is permitted upon a finding by a court by clear and convincing evidence that the disclosure would afford evidence probative of guilt or innocence in a criminal prosecution. This suggests that disclosure is permitted only after charges have been filed. D.C. Code Ann. § 7-1605; D.C. Code Ann. § 7-131.

Delaware

Florida

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

Yes.

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

- public health code

- actual transmission not required

- HIV-specific

- felony

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

- criminal code

- actual transmission not required

- HIV-specific

- felony

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

- criminal code

- actual transmission not required

- communicable diseases (does not include HIV, but includes hepatitis)

- misdemeanor 

* Fla. Stat. Ann. § 775.0877: A defendant commits Criminal transmission of HIV if: 1) the defendant has been convicted of or has pled nolo contendere or guilty to an offense enumerated in Fla. Stat. Ann. § 775.0877; 2) the defendant underwent mandatory or voluntary HIV testing subsequent to their arrest; 3) positive HIV test results have been disclosed to the defendant; and 4) the defendant commits a second or subsequent offense enumerated in Fla. Stat. Ann. § 775.0877.

Fla. Stat. Ann. § 796.08(5): A defendant commits Criminal transmission of HIV if: 1) the defendant commits or offers to commit prostitution or procures another for prostitution by engaging in sexual activity in a manner likely to transmit HIV; and 2) prior to the commission of the crime, the defendant tested positive for HIV and knew or had been informed that they tested positive for HIV and could possibly transmit HIV to another person through sexual activity.

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” 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 in camera unless the person identified in the information agrees to a hearing in open court, or the court determines that a public hearing is necessary. 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. The law does not specify the purpose for the disclosure or limit which parties may seek an order for disclosure.

Disclosure of other information related to sexually transmissible diseases, including HIV and AIDS, is permitted to a court for the purposes of enforcing laws and regulations related to sexually transmissible diseases, including Fla. Stat. Ann. § 384.24 (Sexually transmissible diseases—unlawful acts) and Fla. Stat. Ann. § 775.0877 (Criminal transmission of HIV). When disclosure is made pursuant to a subpoena, the court may further disclose information only if necessary for the court to reach a decision. Fla. Stat. Ann. § 384.29.

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 broad authority for disclosure of “HIV test results,” upon a finding by a court that there is a compelling need for disclosure that cannot be accommodated by any other means, requires a court order. Fla. Stat. Ann. § 381.004.

Disclosure of other information related to sexually transmissible diseases, including HIV and AIDS, for the purposes of enforcing laws and regulations related to sexually transmissible diseases, including Fla. Stat. Ann. § 384.24 (Sexually transmissible diseases—unlawful acts) and Fla. Stat. Ann. § 775.0877 (Criminal transmission of HIV), is permitted pursuant to a subpoena. Fla. Stat. Ann. § 384.29.

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

Yes. The broad authority for disclosure upon a finding by a court that there is a compelling need for disclosure that cannot be accommodated by any other means is limited to "HIV test results" and the identity of the person upon whom an HIV test has been performed. "HIV test results" is defined as a lab report of an HIV test result 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.

Disclosure for the purposes of enforcing laws and regulations related to sexually transmissible diseases, including Fla. Stat. Ann. § 384.24 (Sexually transmissible diseases—unlawful acts) and Fla. Stat. Ann. § 775.0877 (Criminal transmission of HIV), may include all records and information relating to known or suspected cases of sexually transmissible diseases, including HIV and AIDS. This includes information gathered in the course of an epidemiological investigation and follow-up. Fla. Admin. Code Ann. r. 64D-3.041. Health department employees may testify in proceedings involving offenders pursuant to Fla. Stat. Ann. § 775.0877 (Criminal transmission of HIV) 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. Fla. Stat. Ann. § 384.29.

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 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.

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

Georgia

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

- HIV-specific

- 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 in camera inspection. The law does not limit which parties may seek an order for disclosure. The law does not specify the purpose for the disclosure, but the regulations suggest that enforcement of public health regulations is at least one acceptable purpose. Ga. Code Ann. § 24-12-21; Ga. Comp. R. & Regs. 511-2-5-.09.

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.

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.

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.

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. “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.

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 law does not 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.

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.

Hawaii

Iowa

Idaho

Illinois

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

Yes.

720 Ill. Comp. Stat. 5/12-5.01 (Criminal transmission of HIV)

- criminal code

- actual transmission not required

- HIV-specific

- felony

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

Yes. A court may order the production of an individual’s “records” upon a finding of reasonable suspicion that the individual has violated 720 Ill. Comp. Stat. 5/12-5.01 (Criminal transmission of HIV). The information must first be submitted to the court for in camera inspection, and may be further disclosed to the prosecutor and admissible as evidence only upon a finding by the court that the information is relevant to the offense. 720 Ill. Comp. Stat. 5/12-5.01.

Disclosure of “HIV-related information” collected by the health department pursuant to the AIDS Confidentiality Act is generally not permitted in any court action. 410 Ill. Comp. Stat. Ann. 305/9. However, courts have ruled that disclosure is permitted in civil matters where the person whose information is sought specifically and affirmatively places their health in issue in the pleadings. In re Marriage of Bonneau, 294 Ill. App. 3d 720, 730, 691 N.E.2d 123, 132 (1998).

Disclosure of information related to communicable diseases, including HIV and AIDS, is permitted to courts for the purposes of enforcing the Illinois Sexually Transmissible Disease Control Act and related rules, which does not include any laws specifically criminalizing exposure to or transmission of HIV or other communicable diseases. 410 Ill. Comp. Stat. Ann. 325/8. 

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. Disclosure of a defendant’s “records,” or the testimony of a person with relevant knowledge of the records, in connection with prosecutions under 720 Ill. Comp. Stat. 5/12-5.01 (Criminal transmission of HIV) is permitted only pursuant to a court order. 720 Ill. Comp. Stat. 5/12-5.01.

Disclosure of “HIV-related information” collected by the health department pursuant to the AIDS Confidentiality Act is generally not permitted in any court action. 410 Ill. Comp. Stat. Ann. 305/9. However, courts have ruled that disclosure is permitted pursuant to a discovery order in civil matters where the person whose information is sought specifically and affirmatively places their health in issue in the pleadings. In re Marriage of Bonneau, 294 Ill. App. 3d 720, 730, 691 N.E.2d 123, 132 (1998).

The law does not specify whether a court order or subpoena is required for disclosure of information related to communicable diseases, including HIV and AIDS, to courts for the purposes of enforcing the Illinois Sexually Transmissible Disease Control Act and related rules. 410 Ill. Comp. Stat. Ann. 325/8. 

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 in connection with prosecutions under 720 Ill. Comp. Stat. 5/12-5.01 (Criminal transmission of HIV) may include the defendant’s “records” or the testimony of a person with relevant knowledge thereof. 720 Ill. Comp. Stat. 5/12-5.01. The law does not define “records,” but information collected by the state or local health department pertaining to contact investigations where the department has determined there is or was a possible risk of HIV transmission between a health care provider and patients is at least one type of information that may be disclosed. 410 Ill. Comp. Stat. Ann. 325/5.5.

Disclosure of “HIV-related information” collected by the health department pursuant to the AIDS Confidentiality Act is generally not permitted in any court action. “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. However, courts have ruled that disclosure of “HIV-related information” is permitted in civil matters pursuant to a discovery order where the person whose information is sought specifically and affirmatively places their health in issue in the pleadings. In re Marriage of Bonneau, 294 Ill. App. 3d 720, 730, 691 N.E.2d 123, 132 (1998).

Disclosure to a court for the purposes of enforcing the Illinois Sexually Transmissible Disease Control Act and related rules may include all records and information held by the state health department and its authorized representatives relating to known or suspected cases of sexually transmissible diseases. However, 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 or reports received from private health care providers concerning a person who has been examined or treated for a sexually transmissible disease. 410 Ill. Comp. Stat. Ann. 325/8.

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. A defendant’s “records,” or the testimony of a person with relevant knowledge of the records, may be released to the court for in camera inspection upon a finding of reasonable suspicion that the defendant has violated 720 Ill. Comp. Stat. Ann. 5/12-5.01 (Criminal transmission of HIV), which suggests that disclosure may be made prior to arrest for investigational purposes. 720 Ill. Comp. Stat. Ann. 5/12-5.01.

Indiana

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 only to HIV and hepatitis B

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

Ind. Code § 35-42-2-1 (Battery)*

- criminal code

- actual transmission not required

- applies to HIV and hepatitis

- felony

Ind. Code Ann. § 35-42-2-1.3 (Domestic battery)*

- criminal code

- actual transmission not required

- applies to HIV and hepatitis

- felony

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

- criminal code

- actual transmission not required

- applies to HIV and hepatitis

- felony

*Battery and Domestic Battery are considered to be “potentially disease transmitting offenses” for which the law authorizes disclosure of health department information related to communicable diseases in connection with prosecutions. Ind. Code Ann. § 16-41-8-1; Ind. Code Ann. § 16-41-8-4.

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.” The defendant must have already been charged with a “potentially disease transmitting offense,” which includes violations of Ind. Code Ann. § 35-42-2-1 (Battery) or Ind. Code Ann. § 35-42-2-1.3 (Domestic battery) involving placing a bodily fluid or waste on another person and other offenses related to criminal sexual acts. Ind. Code Ann. § 16-41-8-1. The prosecutor or the 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 in camera. If, after examining the information in camera 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. § 16-41-8-1.

Disclosure of other information related to 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 (Duty of individuals with communicable disease to warn persons at risk). Ind. Code Ann. § 16-41-8-1.

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. Disclosure of “medical information” in connection with prosecutions for potentially disease transmitting offenses, which includes violations of Ind. Code Ann. § 35-42-2-1 (Battery) or Ind. Code Ann. § 35-42-2-1.3 (Domestic battery) involving placing a bodily fluid or waste on another person and other offenses related to criminal sexual acts, is permitted only pursuant to a court order. Ind. Code Ann. § 16-41-8-4.

The law does not specify whether a court order or subpoena is required for disclosure of information related to communicable diseases for the purposes of enforcing Ind. Code Ann. § 16-41-7-1 (Duty of individuals with communicable disease to warn persons at risk) and other enumerated public health laws. 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, which includes violations of Ind. Code Ann. § 35-42-2-1 (Battery) or Ind. Code Ann. § 35-42-2-1.3 (Domestic battery) involving placing a bodily fluid or waste on another person and other offenses related to criminal sexual acts, 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 Ind. Code Ann. § 16-41-7-1 (Duty of individuals with communicable disease to warn persons at risk) and other enumerated public health laws 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 control measures, which includes Ind. Code Ann. § 16-41-7-1. Ind. Code Ann. § 16-41-8-2.

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, which includes violations of Ind. Code Ann. § 35-42-2-1 (Battery) or Ind. Code Ann. § 35-42-2-1.3 (Domestic battery) involving placing a bodily fluid or waste on another person and other offenses related to criminal sexual acts, 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 information related to communicable diseases released for the purposes of enforcing Ind. Code Ann. § 16-41-7-1 (Duty of individuals with communicable disease to warn persons at risk) and other enumerated public health laws is permitted before or after the defendant has been charged with a crime. Ind. Code Ann. § 16-41-8-1.

Kansas

Kentucky

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

- communicable diseases (including HIV, but not hepatitis)

- 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. 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.

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 health department may not release HIV-related information to courts, law enforcement, or prosecutors.

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

No. The health department may not release HIV-related information to courts, law enforcement, or prosecutors.

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 health department may not release HIV-related information to courts, law enforcement, or prosecutors.

Louisiana

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

- HIV-specific

- 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 test results” if there is a compelling need for “adjudication,” or if there is clear and imminent danger to an individual or to the public health. Before the court may authorize disclosure, the person or entity in possession of the information must be given notice and an opportunity to prepare a written or personal response; however, notice and opportunity to respond is not required if there is a clear and imminent danger to an individual. Information disclosed pursuant to a court order must be submitted to the court for in camera inspection to determine whether there is a compelling need for the disclosure to the requesting party. If the court determines that a compelling need exists and discloses the information to the person whose need for the information is the basis of the order, the person receiving the information may not disclose the information to any other person, regardless of whether they are parties to the action. 48 La. Admin. Code Pt I, 13505. The law does not 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, or pursuant to a subpoena accompanied by a copy of a court order authorizing the issuance of the subpoena. 48 La. Admin. Code Pt I, 13505.

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

Yes. Disclosure of state, local, or parish health department information is limited to "HIV test results," defined as a document transmitted to a medical record containing the results of a test for HIV antibodies or antigens. 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 “HIV test results” may be released in connection with criminal proceedings. The law provides only that disclosure is permitted upon a finding by a court that there is a compelling need for “adjudication” or if there is clear and imminent danger to an individual or to the public health. 48 La. Admin. Code Pt I, 13505.

Massachusetts

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. Disclosure of HIV data 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.

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 health department may not release HIV-related information to courts, law enforcement, or prosecutors.

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

No. The health department may not release HIV-related information to courts, law enforcement, or prosecutors.

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 health department may not release HIV-related information to courts, law enforcement, or prosecutors.

Maryland

Maine

Michigan

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

- HIV-specific

- 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 data upon a finding that the public interest and need for disclosure outweigh the potential for injury to the person identified in the information, and that other ways of obtaining the information are not available or would not be effective. Mich. Comp. Laws Ann. § 333.5131. The law does not limit which parties may seek an order for disclosure or specify the purpose of the 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 and subpoena. Mich. Comp. Laws Ann. § 333.5131.

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.

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 data may be released in connection with criminal proceedings. The law 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.

Minnesota

Missouri

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

- HIV-specific

- felony

Mo. Ann. Stat. § 567.020 (Prostitution)

- criminal code

- actual transmission not required

- HIV-specific

- 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 peace officers, police officers, prosecuting attorneys, circuit attorneys, or the attorney general in connection with prosecutions pursuant to Mo. Ann. Stat. § 191.677 (Title XII, Ch. 191, AIDS—Prohibited acts). Mo. Ann. Stat. § 191.677.

Disclosure of HIV data is permitted to prosecuting attorneys or circuit attorneys in connection with prosecutions pursuant to Mo. Ann. Stat. § 567.020 (Prostitution). Mo. Ann. Stat. § 191.656.

A court may order disclosure of HIV data to peace officers, the attorney general, and prosecuting attorneys if there is a compelling need for adjudication of a criminal or civil proceeding, a clear and imminent danger to a person, or a clear and imminent danger to the public health. Proceedings in connection with the disclosure must be conducted in camera. 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. The court may grant the application without notice or opportunity to be heard if an ex parte application by a public health officer shows a clear and imminent danger to a person whose life or health may unknowingly be at risk. Mo. Ann. Stat. §§ 191.656, 191.657.

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 in connection with prosecutions pursuant to Mo. Ann. Stat. § 191.677 (Title XII, Ch. 191, AIDS—Prohibited acts) may be made “upon request” of the prosecutor or circuit attorney preparing the case. Mo. Ann. Stat. § 191.677.

The law does not specify whether a court order, subpoena, or other type of request is required for disclosure to prosecuting attorneys or circuit attorneys to prosecute cases pursuant to Mo. Ann. Stat. § 567.020 (Prostitution). Mo. Ann. Stat. § 191.656.

The broad authority for disclosure of HIV data upon a finding by the court that there is compelling need for adjudication of a civil or criminal proceeding, a clear and imminent danger to a person, or a clear and imminent danger to the public health requires 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?

Yes. Disclosure of state health department information in connection with prosecutions pursuant to Mo. Ann. Stat. § 191.677 (Title XII, Ch. 191, AIDS—Prohibited acts) is limited to records concerning the defendant’s HIV status and testing information, information about counseling received, and the contact information and test results of individuals with whom the defendant has had sexual intercourse. Mo. Ann. Stat. § 191.677.

Disclosure of state health department information to prosecuting attorneys or circuit attorneys to prosecute cases pursuant to Mo. Ann. Stat. § 567.020 (Prostitution) is limited to the contact information and test results of individuals with whom the defendant has had sexual intercourse. Mo. Ann. Stat. § 191.656.

Disclosure upon a finding by the court that there is compelling need for adjudication of a civil or criminal proceeding, a clear and imminent danger to a person, or a clear and imminent danger to the public health may include all information and records containing any information held or maintained by any person, agency, department, or political subdivision concerning an individual’s HIV infection status or the results of any individual’s HIV testing. Mo. Ann. Stat. §§ 191.656, 191.657. “HIV testing” is a test to determine the presence of HIV or its antibodies. Mo. Ann. Stat. § 191.650.

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 information released in connection with prosecutions pursuant to Mo. Ann. Stat. § 567.020 (Prostitution) and Mo. Ann. Stat. § 191.677 (Title XII, Ch. 191, AIDS—Prohibited acts) may be used for investigative and prosecutorial purposes. Mo. Ann. Stat. §§ 191.656, 191.677.

The law does not specify whether disclosure upon a finding by the court that there is compelling need for adjudication of a civil or criminal proceeding, a clear and imminent danger to a person, or a clear and imminent danger to the public health is permitted before or after the defendant has been charged with a crime. Mo. Ann. Stat. § 191.657.

Mississippi

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

- communicable diseases (HIV, HCV, and HBV only)

- felony

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.

Montana

North Carolina

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

Yes.

10A N.C. Admin. Code 41A.0202 (Control measures-HIV)

- public health regulations

- actual transmission not required

- HIV-specific

- misdemeanor

10A N.C. Admin. Code 41A.0203 (Control measures-hepatitis B)

- public health regulations

- actual transmission not required

- applies to hepatitis B only

- misdemeanor

10A N.C. Admin. Code 41A.0214 (Control measures-hepatitis C)

- public health regulations

- actual transmission not required

- applies to hepatitis C only

- misdemeanor

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

- public health code

- imposes misdemeanor penalties for violations of control measures related to HIV, hepatitis B, and hepatitis C

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 broadly in connection with legal proceedings. The person identified in the record may request that the record be reviewed in camera. N.C. Gen. Stat. Ann. § 130A-143(6). The law does not limit which parties may seek disclosure.

Disclosure of HIV data is permitted to a court, judicial official, or law enforcement official for the purposes of enforcing communicable disease laws and regulations. This includes N.C. Gen. Stat. Ann. § 130A-25 (Violation of public health regulations a misdemeanor), which provides that violation of administrative regulations (including HIV, hepatitis B, and hepatitis C control measures) is a misdemeanor. N.C. Gen. Stat. Ann. § 130A-143(7), (7a).

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 broad authority for disclosure in connection with legal proceedings is permitted pursuant to a court order or subpoena issued by a judicial official. N.C. Gen. Stat. Ann. § 130A-143(6).

The law does not specify whether a court order or subpoena is required for disclosure to a court, judicial official, or law enforcement official for the purposes of enforcing communicable disease laws and regulations, including N.C. Gen. Stat. Ann. § 130A-25. N.C. Gen. Stat. Ann. § 130A-143(7), (7a). When disclosure is made to a law enforcement official, that official may further disclose the information when necessary to enforce communicable disease laws and regulations, or when the state or local health department seeks assistance from law enforcement in preventing or controlling the spread of the disease or condition and expressly authorizes the disclosure as necessary for that purpose. 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 in connection with criminal matters is permitted before or after the defendant is charged with a crime. However, disclosure may be made to law enforcement agencies, which suggests that disclosure may be made for investigative purposes. N.C. Gen. Stat. Ann. § 130A-143.

North Dakota

Nebraska

New Hampshire

New Jersey

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

Yes. 

N.J. Stat. Ann. § 2C:34-5 (Diseased person committing an act of sexual penetration)

- criminal code

- actual transmission not required

- communicable diseases (includes HIV, but does not include hepatitis)

- 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 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. A program operated by a federal, state, or local government agency must be represented at the hearing. N.J. Stat. Ann. § 26:5C-9. This does not include prosecutions pursuant to N.J. Stat. Ann. § 2C:34-5 (Diseased person committing an act of sexual penetration), which is a third degree felony if the defendant is living with HIV (for other communicable diseases, this is a fourth degree felony).

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.

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 of a person who has or is suspected of having HIV or AIDS in the possession of a “program.” N.J. Stat. Ann. § 26:5C-9. 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.

New Mexico

Nevada

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

Yes.

Nev. Rev. Stat. Ann. § 201.205 (Intentional transmission of HIV)

- criminal code

- actual transmission not required

- HIV-specific

- felony

Nev. Rev. Stat. Ann. § 201.358 (Engaging in prostitution or solicitation for prostitution after testing positive for exposure to human immunodeficiency virus)

- criminal code

- actual transmission not required

- HIV-specific

- felony

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

- public health code

- actual transmission not required

- communicable diseases (not defined)

- 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 in connection with prosecutions for violating public health laws related to infectious diseases. This includes prosecutions pursuant to Nev. Rev. Stat. Ann. § 441A.180 (Contagious person to prevent exposure to others). 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 or subpoena is required for disclosure in connection with prosecutions for violating public health laws related to infectious diseases, including prosecutions under Nev. Rev. Stat. Ann. § 441A.180 (Contagious person to prevent exposure to others). 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 by any person reporting a case or suspected case of a communicable disease or drug overdose, by 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, including prosecutions under Nev. Rev. Stat. Ann. § 441A.180 (Contagious person to prevent exposure to others), is permitted before or after the defendant is charged with a crime. Nev. Rev. Stat. Ann. § 441A.220.

New York

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

Yes.

N.Y. Pub. Health Law § 2307 (Venereal disease; person knowing himself to be infected)

- public health code

- actual transmission not required

- communicable diseases (not defined)

- 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 “confidential HIV-related information” upon an application showing a compelling need for disclosure for the adjudication of a criminal or civil proceeding, a clear and imminent danger to an individual whose health or life may unknowingly be at risk as a result of contact with the HIV-infected person, or a clear and imminent danger to public health (upon application of a state, county, or local health officer). Proceedings in connection with the application must be conducted in camera. 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. The court may grant the application without notice or opportunity to be heard if an ex parte application by a public health officer shows a clear and imminent danger to a person whose life or health may unknowingly be at risk. N.Y. Pub. Health Law § 2785. The law does not limit which parties may seek an order for disclosure.

In demonstrating compelling need for medical records containing HIV or AIDS information, the requesting party must, as a threshold matter, establish that the subject of the requested records actually has or had HIV or AIDS. Rahman v. Pollari, 107 A.D.3d 452, 455, 967 N.Y.S.2d 31, 34 (2013). A “compelling need” for the information cannot be established simply by showing that the information sought is “material and necessary;” while “material and necessary” is the general standard for disclosure of evidence in legal proceedings, disclosure of HIV data is subject to a higher “compelling need” standard. Moore v. Metro. Transp. Auth., 56 Misc. 3d 1222(A), 65 N.Y.S.3d 492 (N.Y. Sup. Ct. 2016). In addition, a person can waive a right to privacy as it pertains to HIV-related information where such individual reveals their HIV status to another or puts their medical condition at issue in a civil or criminal proceeding. 64 N.Y. Jur. 2d Health and Sanitation § 84.

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 state, county, or local health department HIV data is limited to "confidential HIV-related information.” N.Y. Pub. Health Law § 2785. "Confidential HIV-related information" includes information in the possession of any 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 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.

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 of “confidential HIV-related information” is permitted before or after the defendant is charged with a crime. N.Y. Pub. Health Law § 2785.

Ohio

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

- HIV-specific

- felony

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

- public health code

- actual transmission not required

- communicable diseases (not defined)

- misdemeanor

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

- criminal code

- actual transmission not required

- HIV-specific

- felony

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

- criminal code

- actual transmission not required

- HIV-specific

- felony

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

- criminal code

- actual transmission not required

- HIV-specific

- felony

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

Yes. Disclosure of HIV test records is permitted to law enforcement authorities pursuant to a subpoena in connection with criminal investigations or prosecutions. Ohio Rev. Code Ann. § 3701.243(B)(1)(h).

A court may issue an order granting access to or authority to disclose HIV test records upon a finding, by clear and convincing evidence, that there is a compelling need for the disclosure which cannot be accommodated by other means. The person or government agency seeking access to or authority to disclose the data must bring an action in a court of common pleas. Proceedings shall be conducted in chambers unless the subject of the HIV test results agrees to a hearing in open court. The court shall provide the subject of the HIV test results with notice and opportunity to participate in the proceedings if they are not a named as a party. If the court finds by clear and convincing evidence that the plaintiff has demonstrated a compelling need for the disclosure, the court may issue an order granting the plaintiff access to or authority to disclose the test results. Ohio Rev. Code Ann. § 3701.243(C)(1). The law does not limit the purpose for the disclosure or limit which parties may seek an order granting disclosure or authority to disclose.

A person or government agency that considers it necessary to disclose the results of an HIV test of a specific individual in an action in which it is a party must seek authority for the disclosure by filing an in camera motion with the court in which the action is being heard. The court may grant the motion only if it finds by clear and convincing evidence that a compelling need for the disclosure has been demonstrated. The court shall employ procedures for confidentiality similar to those specified in § 3701.243(C)(1). Ohio Rev. Code Ann. § 3701.243(C)(2).

Admission into evidence during a criminal or civil trial requires an order granting authority to disclose (i.e., an order authorizing further disclosure), even if the information was previously released for investigational purposes pursuant to Ohio Rev. Code Ann. § 3701.243(B)(1)(h); medical records may not be disclosed in open court or otherwise admitted into evidence without an order granting authority to disclose. State v. Gonzalez, 2003-Ohio-4421, ¶¶ 53-57, 62-64, 154 Ohio App. 3d 9, 26-28, 796 N.E.2d 12, 25-26. 

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 in connection with criminal investigation or prosecution 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)(1)(h). 

Disclosure of HIV test records upon a court’s finding of compelling need is permitted only pursuant to a court order granting access to or authority to disclose the information. 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 pursuant to a court order or subpoena is limited to the results of an HIV test, the identity of an individual upon whom an HIV test is performed, or the identity of a person who is diagnosed as having AIDS or an AIDS-related condition in the possession of any person or state or local government that acquires the information while providing any health care service or while in the employ of a health care facility or provider. Ohio Rev. Code Ann. § 3701.243. This includes information obtained under HIV/AIDS reporting laws and the health department’s partner notification system. Ohio Rev. Code Ann. §§ 3701.24, 3701.241

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 criminal investigation or prosecution 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)(1)(h).

Oklahoma

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

- HIV-specific

- felony

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

- criminal code

- actual transmission not required

- communicable diseases (not defined)

- misdemeanor

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

- criminal code

- actual transmission not required

- HIV-specific

- 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 broadly permitted pursuant to a court order. 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.

Disclosure of medical or epidemiological information is permitted to district courts for the purposes of enforcing communicable disease laws and regulations. Okla. Stat. Ann. tit. 63, § 1-502.2(A)(5). This does not include any laws specifically criminalizing exposure to or transmission of HIV or other 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. Disclosure of HIV data is generally permitted pursuant to a court order. 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.

Disclosure of medical or epidemiological information to district courts for the purposes of enforcing communicable disease laws and regulations is permitted without a court order. The law does not specify whether a subpoena or other type of request is required. Okla. Stat. Ann. tit. 63, § 1-502.2(A)(5).

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

Yes. Disclosure to courts for the purposes of enforcing communicable disease laws and regulations is limited to “medical or epidemiological information.” Okla. Stat. Ann. tit. 63, § 1-502.2(A)(5).

The broad authority for disclosure of health department communicable disease information pursuant to a court order does not limit the types of information that can be disclosed. Disclosure may include all information and records concerning any person who has participated in a public health investigation or who may have a reportable disease, or information and records of any disease maintained by any state agency or any other entity. Okla. Stat. Ann. tit. 63, § 1-502.2(A)(1). See Hooper v. Tulsa Cty. Sheriff Dep't, 113 F.3d 1246 (10th Cir. 1997) (finding that the trial court is within its discretion to refuse to order disclosure of confidential health department communicable disease records containing personally identifiable information about an individual who is not a party to the action).

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 the broad authority for disclosure of communicable disease information pursuant to a court order is permitted in connection with criminal proceedings. Okla. Stat. Ann. tit. 63, § 1-502.2(A)(1).

Medical or epidemiological information held by the health department or any other entity may be disclosed to district courts for the purposes of enforcing communicable disease laws and regulations, which does not include any laws specifically criminalizing exposure to or transmission of HIV or other communicable diseases. Okla. Stat. Ann. tit. 63, § 1-502.2(A)(5).

Oregon

Pennsylvania

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

- HIV-specific

- 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 in camera, unless the person identified in the information agrees to a hearing in open court or a public hearing is necessary to the public interest and proper administration of justice. The person identified in the information must be given a reasonable opportunity to participate in the proceedings if they are not already a party. 35 Pa. Stat. Ann. § 7608. The law does not specify the purpose for the disclosure or limit which parties may seek an order for disclosure.

See Com. v. Clark, 21 Pa. D. & C.4th 263 (Com. Pl. 1993), aff'd, 454 Pa. Super. 701, 685 A.2d 1040 (1996) (finding that the public interest in free, unimpeded exchange of information between a patient and health and social services provider regarding his or her sexual activities outweighed the prosecution’s need for disclosure of inculpatory communications between the patient and health care provider). But see Commonwealth v. J.T., 27 Pa. D. & C.4th 118 (Com. Pl. 1994) (finding that the state’s interest in deterring conduct that leads to the spread of HIV, which mirrors the legislature’s intent in permitting disclosure in circumstances of compelling need, outweighs the privacy interests of defendant in maintaining confidentiality of HIV test results performed in county prison).

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. § 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. The Act 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. Com. v. Clark, 21 Pa. D. & C.4th 263 (Com. Pl. 1993), aff'd, 454 Pa. Super. 701, 685 A.2d 1040 (1996). “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 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 (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 criminal matters. 35 Pa. Stat. Ann. § 7608.

Rhode Island

South Carolina

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

- HIV-specific

- felony

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

- public health code

- actual transmission not required

- communicable diseases (including HIV, hepatitis B, hepatitis C)

- 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 sexually transmitted disease test results 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 in camera 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 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.

South Dakota

Tennessee

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

- communicable diseases (HIV, HBV, and HCV)

- felony (HIV) or misdemeanor (HBV or HCV)

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

- criminal code

- actual transmission not required

- HIV-specific

- felony

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

Yes. Disclosure without court order or subpoena 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 (Aggravated prostitution) and 39-13-109 (Criminal exposure of another to HIV, HBV, or HCV). State of Tennessee, Office of the Attorney General, Opinion No. 01-146, Sept. 24, 2001.

Disclosure is permitted pursuant to court order in connection with legal proceedings, including in connection with criminal prosecutions under Tenn. Code Ann. §§ 39-13-516 (Aggravated prostitution) and 39-13-109 (Criminal exposure of another to HIV, HBV, or HCV). 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). 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, including prosecutions under Tenn. Code Ann. §§ 39-13-516 (Aggravated prostitution) and 39-13-109 (Criminal exposure of another to HIV, HBV, or HCV). 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.” 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. 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, this includes “all records and information” held by state or local health departments 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).

Texas

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 HIV test results is permitted to a state county or district court to comply with laws and regulations relating to control and treatment of communicable diseases and health conditions, which does not include any laws specifically criminalizing exposure to or transmission of HIV or other communicable diseases. Tex. Health & Safety Code Ann. § 81.103.

Disclosure of medical or epidemiological information about communicable diseases, including HIV, 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. This does not include any laws specifically criminalizing exposure to or transmission of HIV or other communicable diseases. Tex. Health & Safety Code Ann. § 81.046(c)(3).

Disclosure of any state and local health department records and information about reportable diseases is permitted to law enforcement and first responders to the extent necessary during a public health disaster, including a communicable disease outbreak, for the purposes of protecting the health or life of a first responder or the person identified in the information. Tex. Health & Safety Code Ann. § 81.046(f).

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 disclosure of HIV test results or other communicable disease data requires a court order or subpoena. Tex. Health & Safety Code Ann. §§ 81.046(c)(3), 81.046(f), 81.103.

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

Yes. Disclosure to courts to comply with laws and regulations relating to control and treatment of communicable diseases is limited to medical or epidemiological information, including information linking a person who is exposed to another person with a communicable disease, received from any source and furnished to a state, local, or district health department related to cases or suspected cases of diseases or health conditions. State and local health department officers and employees may not be examined in civil, criminal, special, or other proceedings as to the existence or contents of pertinent records, reports, or information about a person examined or treated by a public health department without that person’s consent. Tex. Health & Safety Code Ann. § 81.046(c)(3).

However, when disclosure to a court for the purposes of compliance with laws and regulations relating to control and treatment of communicable diseases includes “HIV test results,” Tex. Health & Safety Code Ann. § 81.103 applies. This statute differs from Tex. Health & Safety Code Ann. § 81.046(c)(3) in that it permits disclosure only to county and district, but not federal, courts; applies to any person who possesses or has knowledge of a test result, rather than exclusively to health departments; does not explicitly prohibit state and local health department officers and employees from being examined in civil, criminal, special, or other proceedings as to the existence or contents of health department records; and imposes misdemeanor violations for unlawful disclosures. Tex. Health & Safety Code Ann. § 81.103. “Test result” means any statement that indicates that an identifiable individual has or has not been tested for AIDS or HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS, including a statement or assertion that the individual is positive, negative, at risk, or has or does not have a certain level of antigen or antibody. Tex. Health & Safety Code Ann. § 81.101.

Disclosure of health department information to law enforcement and first responders during a public health disaster is not limited by the statute and may include all reports, records, and information received from any source and furnished to a state, local, or district health department related to cases or suspected cases of diseases or health conditions. However, only the minimum necessary information may be disclosed for this purpose, as determined by the state or local health department. Tex. Health & Safety Code Ann. § 81.046(f).

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 explicitly permit disclosure of health department information related to communicable diseases in connection with criminal matters. Disclosure is permitted to courts only for the purposes of enforcing laws and regulations relating to control and treatment of communicable diseases and health conditions, or to the extent necessary during a public health outbreak. Tex. Health & Safety Code Ann. §§ 81.046(c)(3), 81.046(f); 81.103.

Utah

Virginia

Vermont

Washington

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

- HIV-specific

- felony

Wash. Rev. Code Ann. § 70.24.0002 (Sexual Intercourse unlawful without disclosure of HIV status)*

- public health code

- actual transmission required

- HIV-specific

- misdemeanor

*Tentative classification and name line supplied by publisher

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 records 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?

Yes. Disclosure is limited to records related to testing for sexually transmitted diseases. 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 matters. Wash. Rev. Code Ann. § 70.02.220. However, in interpreting a similar confidentiality statute that has since been repealed and replaced with similar language in Wash. Rev. Code Ann. § 70.02.220, the court found that health department records were properly admitted into evidence in a prosecution for intentional exposure to HIV, even though the confidentiality law does not include an exception specifically allowing disclosure to law enforcement.

Wisconsin

West Virginia

Wyoming

Guam

Northern Mariana Islands

American Samoa

Puerto Rico

Marshall Islands

Palau

Federated States of Micronesia

Virgin Islands

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

Yes
No

May the health department release HIV data in response to requests from courts, law enforcement, or prosecutors?

Yes
No

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
No

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

Yes
No

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?

Yes
No