HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/STATE/GEORGIA.ASC

Text File | 1993-01-14 | 68KB | 1,514 lines

/* Georgia's AIDS statutes cover control of HIV; testing,
confidentiality, and disclosure; criminal and inmate testing;
donor testing; and real estate disclosures. */

15-11-35.1.    Disposition of child committing delinquent act
constituting AIDS transmitting crime; submission to HIV test;
report of results.

(a)  Any term used in this Code section and defined in Code
Section 31-22-9.1 shall have the meaning provided for such term
in Code Section 31-22-9.1

(b)  As part of any order of disposition regarding a child
adjudged to have committed a delinquent act constituting an AIDS
transmitting crime, the court may in its discretion and after
conferring with the director of the health district, as such
officer is provided for in Code Section 31-3-15, order that child
to submit to an HIV test within 45 days following the
adjudication of delinquency and shall mail the Department of
Children and Youth Services a copy of such order within three
days following the issuance thereof.

(c)  The Department of Children and Youth Services, within 30
days following receipt of the copy of order under subsection (h)
of this code section, shall arrange for the HIV test for the
child ordered to submit thereto.

(d) If a child is required by this Code section to submit to an
HIV test and is thereby determined to be infected with HIV, that
determination and the name of the child shall be deemed to be
AIDS confidential information and shall be reported to:

1)   The Department of Children and Youth Services and the
Department of Human Resources, the latter of which may disclose
the name of the child if necessary to provide and shall provide
counseling to each victim of that child's AIDS transmitting crime
or to any parent or guardian of any victim who is a minor or
Incompetent person, if the Department of Children and Youth
Services believes the crime posed a reasonable risk of
transmitting HIV to the victim;

(2)  The court which ordered the HIV test; and

(3)  Those persons in charge of any facility to which the child
has been confined by order of the court. In addition to any other
restrictions regarding the confinement of children, a child
determined to be an HIV infected person may be confined in that
facility separately from any other children in that facility
other than those who have been determined to he infected with HIV
if:

(A)  That child is reasonably believed to be sexually active
while confined;

(B)  That child is reasonably believed to be sexually predatory
either during or prior to detention; or

(C)  The commissioner of children and youth services reasonably
determines that other circumstances or conditions exist which
indicate that separate confinement would be warranted.



15-11-36. Disposition of unruly child.

If the child is found to be unruly, the court may make any
disposition authorized for a delinquent child except that, if
commitment to the Department of Children and Youth Services is
ordered, the court shall first find that the child is not
amenable to treatment or rehabilitation pursuant to paragraph
(1), (2), or (3) of subsection (a) of Code Section 15-11-35.



ARTICLE 4 RECKLESS CONDUCT

16-5-60.  Reckless conduct causing harm to or endangering the
bodily safety of another conduct by HIV infected persons.

(a)  Any term used in this Code section and defined in Code
Section 31-22-9.1 shall have the meaning provided for such term
in Code Section 31-22-9.1.

(b)  A person who causes bodily harm to or endangers the bodily
safety of another person by consciously disregarding a
substantial and unjustifiable risk that his act or omission will
cause harm or endanger the safety of the other person and the
disregard constitutes a gross deviation from the standard of care
which a reasonable person would exercise in the situation is
guilty of a misdemeanor.

(c)  A person who is an HIV infected person who, after obtaining
knowledge of being infected with HIV:

(1)  Knowingly engages in sexual intercourse or performs or
submits to any sexual act involving the sex organs of one person
and the mouth or anus of another person and the HIV infected
person does not disclose to the other person the fact of that
infected person's being an HIV infected person prior to that
intercourse or sexual act;

(2)  Knowingly allows another person to use a hypodermic needle,
syringe, or both for the introduction of drugs or any other
substance into or for the withdrawal of body fluids from the
other person's body and the needle or syringe so used had been
previously used by the HIV infected person for the introduction
of drugs or any other substance into or for the withdrawal of
body fluids from the HIV infected person's body and where that
infected person does not disclose to the other person the fact of
that infected person's being an HIV infected person prior to such
use;

(3)  Offers or consents to perform with another person an act of
sexual intercourse for money without disclosing to that other
person the fact of that infected person's being an HIV infected
person prior to offering or consenting to perform that act of
sexual intercourse;

(4)  Solicits another person to perform or submit to an act of
sodomy for money without disclosing to that other person the fact
of that infected person's being an HIV infected person prior to
soliciting that act of sodomy; or

(5)  Donates blood, blood products, other body fluids, or any
body organ or body part without previously disclosing the fact of
that infected person's being an HIV infected person to the person
drawing the blood or blood products or the person or entity
collecting or storing the other body fluids, body organ, or body
part,

is guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not more than ten years.





CRIMINAL PROCEDURE



17-10-15. AIDS transmitting crimes; requiring defendant to submit
to HIV test; report of results.

(a)  Any term used in this Code section and defined in Code
Section 31-22-9.1 shall have the meaning provided for such term
in Code Section 31-22-9.1.

(b)  A victim or the parent or legal guardian of a minor or
incompetent victim of a sexual offense as defined in Code Section
31-22-9.1 or other crime which involves significant exposure as
defined by subsection (g) of this Code section may request that
the agency responsible for prosecuting the alleged offense
request that the person arrested for such offense submit to a
test for the human immunodeficiency virus and consent to the
release of the test results to the victim. If the person so
arrested declines to submit to such a test, the judge of the
superior court in which the criminal charge is pending, upon a
showing of probable cause that the person arrested for the
offense committed the alleged crime and that significant exposure
occurred, may order the test to be performed in compliance with
the rules adopted by the Department of Human Resources. The cost
of the test shall be borne by the victim or by the arrested
person, in the discretion of the court.

(c)  Upon a verdict or plea of guilty or a plea of nolo contender
to any AIDS transmitting crime, the court in which that verdict
is returned or plea entered shall require the defendant in such
case to submit to an HIV test within 45 days following the date
of such verdict or plea. The clerk of the court in such case
shall mail, within three days following the date of that verdict
or plea, a copy of that verdict or plea to the Department of
Human Resources.

(d)  The Department of Human Resources, within 30 days following
receipt of the court's order under subsection (b) of this Code
section or within 30 days following receipt of the copy of the
verdict or plea under subsection (c) of this Code section, shall
arrange for the HIV test for the person required to submit
thereto.

(e)  Any person required under this Code section to submit to the
HIV test who fails or refuses to submit to the test arranged
pursuant to subsection (d) of this Code section shall be subject
to such measures deemed necessary by the court in which the order
was entered, verdict was returned, or plea was entered to require
involuntary submission to the HIV test, and submission thereto
may also be made a condition of suspending or probating any part
of that person's sentence for the AIDS transmitting crime.

(f)  If a person is required by this Code section to submit to an
HIV test and is thereby determined to be infected with HIV, that
determination and the name of the person shall be reported to:

(1)  The Department of Human Resources, which shall disclose the
name of the person as necessary to provide counseling to each
victim of that person s AIDS transmitting crime if that crime is
other than one specified in subparagraph (a)(3)(J) of Code
Section 31-22-9.1 or to any parent or guardian of any such victim
who is a minor or incompetent person;

(2)  The court which ordered the HIV test, which court shall make
that report a part of that person's criminal record. That report
shall be sealed by the court; and

(3)  The officer in charge of any penal institution or other
facility in which the person has been confined by order or
sentence of the court for purposes of enabling that officer to
confine the person separately from those not infected with HIV.

(g)  For the purpose of subsection (b) of this Code section,
"significant exposure" means contact of the victim's ruptured or
broken skin or mucous membranes with the blood or body fluids of
the person arrested for such offense, other than tears, saliva;
or perspiration, of a magnitude that the Centers for Disease
Control have epidemiologically demonstrated can result iii
transmission of the human immunodeficiency virus.

(h)  The state may not use the fact that a medical procedure or
test was performed on a person under this Code section or use the
results of the procedure or test in any criminal proceeding an
sing out of the alleged offense.





Domestic RELATIONS



19-3-35.1.     AIDS brochures; listing of HIV test sites;
acknowledgment of receipt.

(a)  Any term used in this Code section and defined in Code
Section 31-22-9.1 shall have the meaning provided for such term
in Code Section 31-22-9.1.

(b)  The Department of Human Resources shall prepare a brochure
describing AIDS, HIV, and the dangers, populations at risk, risk
behaviors, and prevention measures relating thereto. That
department shall also prepare a listing of sites at which
confidential and anonymous HIV tests are provided without charge.
That department shall further prepare a form for acknowledging
that the brochures and listings have been received, as required
by subsection (c) of this Code section. The brochures, listings,
and forms prepared by the Department of Human Resources under
this subsection shall be prepared and furnished to the office of
each judge of the probate court no later than October 1, 1988.

(c)  On and after October 1, 1988, each person who makes
application for a marriage license shall receive from the office
of the probate judge at the time of the application the AIDS
brochure and listing of HIV test sites prepared and furnished
pursuant to subsection (b) of this Code section. On and after
October 1, 1988, no marriage license shall be issued unless both
the proposed husband and the proposed wife sign a form
acknowledging that both have received the brochure and listing.





EVIDENCE

24-9-40.1.     Confidential nature of AIDS information.

AIDS confidential information as defined in Code Section 31-22-
9.1 and disclosed or discovered within the patient-physician
relationship) shall be confidential and shall not be disclosed
except as otherwise provided in Code Section 24-9-47.



24-9-47.  Disclosure of AIDS confidential information.

(a)  Any term used in this Code section and defined in Code
Section 3 1-22-9. 1 shall have the meaning provided for such term
in Code Section 31-22-9.1.

(b)  Except as otherwise provided in this Code Section:

(1)  No person or legal entity which receives AIDS confidential
information pursuant to this Code section or which is responsible
for recording, reporting, or maintaining Al DS confidential
information shall:

(A)  Intentionally or knowingly disclose that information to
another person or legal entity; or

(B)  Be compelled by subpoena, court order, or other judicial pro
cess to disclose that information to another person or legal
entity,: and

(2)  No person or legal entity which receives AIDS confidential
in-formation which that person or legal entity knows was
disclosed in violation of paragraph (1) of this subsection shall:

(A)  Intentionally or knowingly disclose that information to an-
other person or legal entity; or

(B)  Be compelled by subpoena, court order, or other judicial pro
cess to disclose that information to another person or legal
entity.

(c)  AIDS confidential information may be disclosed to the person
identified by that information or, if that person is a minor or
incompetent person, to that person's parent or legal guardian.

(d)  AIDS confidential information may be disclosed to any person
or legal entity designated to receive that information when that
designation as made in writing by the person identified by that
information or, if that person is a minor or incompetent person,
by that person's parent or legal guardian;

(e)  AIDS confidential information may be disclosed to any agency
or department of the federal government, this state, or any
political subdivision of this state if that information is
authorized or required by law to be reported to that agency or
department.

(f)  The results of an HIV test may be disclosed to the person,
or that person's designated representative, who ordered such
tests of the body fluids or tissue of another person.

(g)  When the patient of a physician has been determined to be
infected with HIV and that patient's physician reasonably
believes that the spouse or sexual partner or any child of the
patient, spouse, or sexual partner is a person at risk of being
infected with HIV by that patient, the physician may disclose to
that spouse, sexual partner, or child that the

patient has been determined to be infected with HIV, after first
attempting to notify the patient that such disclosure is going to
be made.

(h)  (1) An administrator of an institution licensed as a
hospital by the Department of Human Resources or a physician
having a patient who has been determined to be infected with HIV
may disclose to the Department of Human Resources:

(A)  The name and address of that patient;

(B)  That such patient has been determined to be infected with
HIV; and

(C)  The name and address of any other person whom the disclosing
physician or administrator reasonably believes to be a person at
risk of being infected with HIV by that patient.

(2)  When mandatory and nonanonymous reporting of confirmed
positive HIV tests to the Department of Human Resources is deter
mined by that department to be reasonably necessary, that
department shall establish by regulation a date on and after
which such reporting shall be required. On and after the date so
established, each health care provider, health care facility, or
any other person or legal entity which orders an HIV test for
another person shall report to the Department of Human Resources
the name and address of any person thereby determined to be
infected with HIV. No such report shall be made regarding any
confirmed positive HIV test provided at any anonymous HIV test
site operated by or on behalf of the Department of Human
Resources.

(3)  The Department of Human Resources may disclose that a per-
son has been reported, under paragraph (1) or (2) of this
subsection, to have been determined to be infected with HIV to
the board of health of the county in which that person resides or
is located if reasonably necessary to protect the health and
safety of that person or other persons who may have come in
contact with the body fluids of the HIV infected person. The
Department of Human Resources or county board of health to which
information is disclosed pursuant to this paragraph or paragraph
(1) or (2) of this subsection:

(A)  May contact any person named in such disclosure as having
been determined to be an HIV infected person for the purpose of
counseling that person and requesting therefrom the name of any
other person who may be a person at risk of being infected with
HIV by that HIV infected person;

(B)  May contact any other person reasonably believed to be a
person at risk of being infected with HIV by that HIV infected
person for the purposes of disclosing that such infected person
has been determined to be infected with HIV and counseling such
person to submit to an HIV test; and

(C)  Shall contact and provide counseling to the spouse of an HIV
infected person whose name is thus disclosed if both persons are
reasonably likely to have engaged in sexual intercourse or any
other act determined by the department likely to have resulted in
the transmission of HIV between such persons within the preceding
seven years and if that spouse may be located and contacted
without undue difficulty.

(i) Any health care provider authorized to order an HIV test may
disclose AIDS confidential information regarding a patient
thereof ii that disclosure is made to a health care provider or
health care facility which has provided, is providing, or will
provide any health care services to that patient and as a result
of such provision of service that health cart. provider or
facility:

(1) Has personnel or patients who may be persons at risk of being
infected with HIV by that patient, if that patient is an HIV
infected person and such disclosure is reasonably necessary to
protect any such personnel or patients from that risk; or

(2)  Has a legitimate need for that information in order to
provide that health care service to that patient.

(j)  A health care provider or any other person or legal entity
authorized but not required to disclose AIDS confidential
information pursuant to this Code section shall have no duty to
make such disclosure and shall not be liable to the patient or
any other person or legal entity for failing to make such
disclosure. A health care provider or any other person or legal
entity which discloses information as authorized or required by
this Code section or as authorized or required by law or rules or
regulations made pursuant thereto shall have no civil or criminal
liability therefor.

(k)  When any person or legal entity is authorized or required by
this Code section or any other law to disclose AIDS confidential
information to a person at risk of being infected with HIV and
that person at risk is i minor or incompetent person, such
disclosure may be made to any parent or legal guardian of the
minor or incompetent person, to the minor or incompetent person,
or to both the minor or incompetent person and any parent or
legal guardian thereof.

(1)  When an institutional care facility is the site at which a
person is at risk of being infected with HIV and as a result of
that risk a disclosure of AIDS confidential information to any
person at risk at that site is authorized or required under this
Code section or any other law. such disclosure may be made to the
person at risk or to that institutional care facility's chief
administrative or executive officer, or such officer's designee,
in which case that officer or designee is authorized to make such
disclosure to the person at risk.

(m)  When a disclosure of AIDS confidential information is
authorized or required by this Code section to be made to a
physician, health care provider, or legal entity, that disclosure
may be made to employees of that physician, health care provider,
or legal entity who have been designated thereby to receive such
information on behalf thereof those designated employees may
thereafter disclose to and provide for the disclosure of that
information among such other employees of that physician, health
care provider, or legal entity, but such disclosures among those
employees are only authorized when reasonably necessary in the
ordinary course of business to carry- out the purposes for which
that disclosure is authorized or required to be made to that
physician, health care provider, or legal entity.

(n)  Any disclosure of AIDS confidential information authorized
or required by this Code section or any other law and any
unauthorized disclosure of such information shall in no way
destroy the confidential nature of that information except for
the purpose for which the authorized or required disclosure is
made.

(o)  Any person or legal entity which violates subsection (b) of
this Code section shall be guilty of a misdemeanor.

(p)  Nothing in this Code section or any other law shall be
construed to authorize the disclosure of AIDS confidential
information if that disclosure is prohibited by federal law, or
regulations promulgated thereunder, nor shall anything in this
,Code section or any other law be construed to prohibit the
disclosure of information which would be AIDS confidential
information except that such information does not permit the
identification of any person.

(q)  A public safety agency or district attorney may obtain the
results from an HIV test to which the person named in the request
has submitted under Code Section 15-11-35.1, 17-10-I5, 42-5-52.1,
or 42-9-42.1 notwithstanding that the results may be contained in
a sealed record.

(r)  Any person or legal entity required by an order of a court
to disclose AIDS confidential information in the custody or
control of such

person or legal entity shall disclose that information as
required by that order.

(s)  AIDS confidential information may be disclosed as medical
information pursuant to Code Section 24-9-40, relating to the
release of medical information, or pursuant to any other law
which authorizes or requires the disclosure of medical
information if:

(1)  The person identified by that information:

(A)  Has consented in writing to that disclosure; or

(B)  Has been notified of the request for disclosure of that
information at least ten days prior to the time the disclosure is
to be made and does not object to such disclosure prior to the
time specified for that disclosure in that notice; or

(2)  A superior court in, an in camera hearing finds by clear and
convincing evidence a compelling need for the information which
cannot be accommodated by other means. In assessing compelling
need, the court shall weigh the public health, safety, or welfare
needs or any other public or private need for the disclosure
against the privacy interest of the person identified by the
information and the public interest which may be disserved by
disclosures which may deter voluntary HIV tests. If the court
determines that disclosure of that information is authorized
under this paragraph, the court shall order that disclosure and
impose appropriate safeguards against any unauthorized
disclosure. The records of that hearing otherwise shall be under
seal.

(t)  (1) A superior court of this state may order a person or
legal entity to disclose AIDS confidential information in its
custody or control to:

(A)  A prosecutor in connection with a prosecution for the
alleged commission of reckless conduct under subsection (c) of
Code Section 16-5-60;

(B)  Any party in a civil cause of action; or

(C)  A public safety agency or the Department of Human Resources
if that agency or department has an employee thereof who has, in
the course of that employment, come in contact with the body
fluids of the person identified by the AIDS confidential
information sought in such a manner reasonably likely to cause
that employee to become an HIV infected person and provided the
disclosure is necessary for the health and safety of that
employee,

and for purposes of this subsection the term "petitioner for
disclosure" means any person or legal entity specified in
subparagraph (A), (B), or (C) of this paragraph.

2)   An order may be issued against a person or legal entity
responsible for recording, reporting, or maintaining AIDS
confidential information to compel the disclosure of that
information if the petitioner for disclosure demonstrates by
clear and convincing evidence a compelling need for the
information which cannot be accommodated by other means. In
assessing compelling need, the court shall weigh the public
health, safety, or welfare needs or any other public or private
need for the disclosure against the privacy interest of the
person identified by the information and the public interest
which may be disserved by disclosures which may deter voluntary
HIV tests.

(3)  A petition seeking disclosure of AIDS confidential
information under this subsection shall substitute a pseudonym
for the true name of the person concerning whom the information
is sought. The disclosure to the parties of that person's true
name shall be communicated confidentially, in documents not filed
with the court.

(4)  Before granting any order under this subsection, the court
shall provide the person concerning whom the information is
sought with notice and a reasonable opportunity to participate in
the proceedings if that person is not already a party.

(5)  Court proceedings as to disclosure of AIDS confidential
information under this subsection shall be conducted in camera
unless the person concerning whom the information is sought
agrees to a hearing in open court.

(6)  Upon the issuance of an order that a person or legal entity
be required to disclose AIDS confidential information regarding a
person named in that order, that person or entity so ordered
shall disclose to the ordering court any such information which
is in the control or custody of that person or entity and which
relates to the person named in the order for the court to make an
in camera inspection thereof. If the court determines from that
inspection that the person named in the order is an HIV infected
person, the court shall disclose to the petitioner for disclosure
that determination and shall impose appropriate safeguards
against unauthorized disclosure which shall specify the persons
who may have access to the information, the purposes for which
the information shall be used, and appropriate prohibitions on
future disclosure.

(7)  The record of the proceedings under this subsection shall be
sealed by the court.

(8)  An order may not be issued under this subsection against the
Department of Human Resources, any county board of health, or any
anonymous HIV test site operated by or on behalf of that
department.



     24-9-47   EVIDENCE  24-9-47   24-9-47   WITNESSES

(u)  A health care provider, health care facility, or other
person or legal entity who, in violation of this Code section,
unintentionally discloses Al DS confidential information,
notwithstanding the maintenance of procedures thereby which are
reasonably adopted to avoid risk of such disclosure, shall not be
civilly or criminally liable, unless such disclosure was due to
gross negligence or wanton and willful misconduct.

(v)  AIDS confidential information may be disclosed when that
disclosure is otherwise authorized or required by Code Section 42-
1-6, if AIDS or HIV infection is the communicable disease at
issue, or when that disclosure is otherwise authorized or
required by any law which specifically refers to 'AIDS
confidential information," "HIV' test results," or any similar
language indicating a legislative intent to disclose information
specifically relating to AIDS or HIV.

(w)  A health care provider who has received AIDS confidential
information regarding a patient from the patient's health care
provider directly or indirectly under the provisions of
subsection (i) of this Code section may disclose that information
to a health care provider which has provided, is providing, or
will provide any health care service to that patient and as a
result of that provision of service that health care provider:

(1)  Has personnel or patients who may be persons at risk of
being infected with HIV by that patient, if that patient is an
HIV infected person and such disclosure is reasonably necessary
to protect any such personnel or patients from that risk; or

(2)  Has a legitimate need for that information in order to
provide that health care service to that patient.

(x)  Neither the Department of Human Resources nor any county
board of health shall disclose AIDS confidential information
contained in its records unless such disclosure is authorized or
required by this Code section or any other law, except that such
information in those records shall not be a public record and
shall not be subject to disclosure through subpoena, court order,
or other Judicial process.

(y)  The protection against disclosure provided by Code Section
24-9-40.1 shall be waived and AIDS confidential information may
be disclosed to the extent that the person identified by such
information, his heirs, successors, assigns, or a beneficiary of
such person, including but not limited to an executor,
administrator, or personal representative of such person's
estate:

(1)  Files a claim or claims other entitlements under any
insurance policy or benefit plan or is involved in any civil
proceeding regarding such claim;

(2)  Places such person's care and treatment, the nature and
extent of his injuries, the extent of his damages, his medical
condition, or the reasons for his death at issue in any civil or
criminal proceeding; or

(3)  Is involved in a dispute regarding coverage under any
insurance policy or benefit plan.

(z)  AIDS confidential information may be collected used, and
disclosed by an insurer in accordance with the provisions of
Chapter 39 of Title 33, relating to the collection, use, and
disclosure of information gathered by insurance institutions.

(aa) In connection with any civil or criminal action in which
AIDS confidential information is disclosed as authorized or
required by this Code section, the party to whom that information
is thereby disclosed may subpoena any person to authenticate such
AIDS confidential information, establish a chain of custody
relating thereto, or otherwise testify regarding that
information, including but not limited to testifying regarding
any notifications to the patient regarding results of an HIV
test. The provisions of this subsection shall apply as to
records, personnel, or both of the Department of Human Resources
or a county board of health notwithstanding Code Section 50-18-
72, but only as to test results obtained by a prosecutor under
subsection (q) of this Code section and to be used thereby in a
prosecution for reckless conduct under subsection (i) of Code
Section 16-5-60.

(bb) AIDS confidential information may be disclosed as a part of
any proceeding or procedure authorized or required pursuant to
Chapter 3, 4, or 7 of Title 37, regarding a person who is alleged
to be or who is mentally ill, mentally retarded, or alcoholic or
drug dependent, or as a part of any proceeding or procedure
authorized or required pursuant to Title 29, regarding the
guardianship of a person or that person's estate, as follows:

(1)  Any person who files or transmits a petition or other
document which discloses AIDS confidential information in
connection with any such proceeding or procedure shall provide a
cover page which contains only the type of proceeding or
procedure, the court in which the proceeding or procedure is or
will be pending, and the words "CONFIDENTIAL INFORMATION" without
in any way otherwise disclosing thereon the name of any
individual or that such petition or other document specifically
contains AIDS confidential information;

(2)  AIDS confidential information shall only be disclosed
pursuant to this subsection after disclosure to and with the
written consent of the person identified by that information, or
that person's parent or guardian if that person is a minor or has
previously been adjudicated as being incompetent or by order of
court obtained in accordance with subparagraph (C) of paragraph
(3) of this subsection;

(3)  If any person files or transmits a petition or other
document in connection with any such proceeding or procedure
which disclosed AIDS confidential information without obtaining
consent as provided in paragraph (2) of this subsection, the
court receiving such information shall either obtain written
consent as set forth in that paragraph (2) for any further use or
disclosure of such information or:

(A)  Return such petition or other document to the person who
filed or transmitted same, with directions against further filing
or transmittal of such information in connection with such
proceeding,, or procedure except in compliance with this
subsection;

(B)  Delete or expunge all references to such AIDS confidential
information from the particular petition or other document; or

(C) (i) If the court determines there is a compelling need for
such information in connection with the particular proceeding or
procedure, petition a superior court of competent jurisdiction
for permission to obtain or disclose that information. If the
person identified by the information is not yet represented by an
attorney in the proceeding or procedure in connection with which
the information is sought, the petitioning court shall appoint an
attorney for such person. The petitioning court shall have both
that person and that person's attorney personally served with
notice of the petition and time and place of the superior court
hearing thereon. Such hearing shall not be held sooner than 72
hours after service, unless the information is to be used in
connection with an emergency guardianship proceeding under
Chapter 5 of Title 29, in which event the hearing shall not be
held sooner than 48 hours after service.

(ii) The superior court in which a petition is filed pursuant to
division (i) of this subparagraph shall hold an in camera hearing
on such petition. The purpose of the hearing shall be to
determine whether there is clear and convincing evidence of a
compelling need for the AIDS confidential information sought in
connection with the particular proceeding or procedure which
cannot be accommodated by other means. In assessing compelling
need the superior court shall weigh the public health, safety, or
welfare needs or any other public or private need for the
disclosure against the privacy interest of the person identified
by the information and the public interest which may be disserved
by disclosures which may deter voluntary HIV tests. If the court
determines that disclosure of that information is authorized
under this subparagraph, the court shall order that disclosure
and impose appropriate safeguards against any unauthorized
disclosure. The records of that hearing otherwise shall be under
seal; and

(4)  The court having jurisdiction over such proceeding or proce
dure, when it becomes apparent that AIDS confidential information
will likely be or has been disclosed in connection with such
proceeding or procedure, shall take such measures as the court
determines appropriate to preserve the confidentiality of the
disclosed information to the maximum extent possible. Such
measures shall include, without being limited to, closing the
proceeding or procedure to the public and sealing all or any part
of the records of the proceeding or procedure containing AIDS
confidential information. The records of any appeals taken from
any such proceeding or procedure shall also be sealed.
Furthermore, the court may consult with and obtain the advice of
medical experts or other counsel or advisers as to the relevance
and materiality of such information in such proceedings or
procedures, so long as the identity of the person identified by
such information is not thereby revealed.

31-17A-1 CONTROL OF HIV

CHAPTER 17A

CONTROL OF HIV

Sec.

31-17A-1. HIV deemed dangerous to public health.

31-17A-2. Examination  of  infected persons; administration of
HIV test.

31-17A-3. Refusal to consent to test; procedure.

31-17A-1. HIV deemed dangerous to public health.

(a)  Any term used in this chapter and defined in Code Section 31-
22-9.1 shall have the meaning provided for such term in Code Sec
tion 31-22-9.1.

(b)  HIV and the degenerative diseases associated with it are
declared to be contagious, infectious, communicable, and
extremely dangerous to the public health.



31-17A-2. Examination of infected persons; administration of HIV
test.

The authorized agent or agents of the Department of Human
Resources are directed and empowered, when in their judgment it
is necessary to protect the public health, to make examinations
of persons infected or suspected of being infected with HIV and
to administer an HIV test with the consent of the person being
tested. In the event the person infected or suspected of being
infected with HIV refuses to consent to the administration of an
HIV test, the authorized agent or agents of the Department of
Human Resources are authorized to petition the court for an order
authorizing the administration of an HIV test pursuant to the
procedure set forth in Code Section 31-17A-3.



31-17A-3, Refusal to consent to test; procedure.

(a)  If a person refuses to consent to an HIV test, as provided
in Code Section 31-17A-2, the Department of Human Resources may
file a civil complaint with the superior court of the county of
the residence of the person refusing the test. The complaint
shall allege with specificity the basis for the allegations which
the department believes support the conclusion that the person is
infected with HIV, as well as the scope, nature, and threat to
the public health created thereby, and the proposed plan to be
adopted to protect the public health in the event the court
orders the administration of the HIV test and the person is found
to be an HIV infected person. The person against whom the
complaint is filed shall be represented by counsel, and, in the
event the person against whom the complaint is filed cannot
afford counsel, counsel shall be appointed by the court.

(b)  The superior court shall hear the complaint on an expedited
basis without a jury. All proceedings before the court shall be
sealed.

(c)  If after consideration of the evidence, the court finds
clear and convincing evidence that the person is reasonably
likely to be infected with HIV and that there is a compelling
need to protect the public health, the court may order the person
to submit to an HIV test, shall retain jurisdiction to render
such orders as are appropriate to effectuate that order, and, in
the event the person so tested is determined to be infected with
HIV, to require such procedures to protect the public health
consistent with the least restrictive alternative which is
available within the limits of state funds specifically
appropriated therefor.

DEAD BODIES, ARTICLE 1 GENERAL PROVISIONS

31-21-3.  Death of person with infectious or communicable
disease; required reporting procedures; confidentiality;
disclosure; penalties.

(a)  For the purposes of this Code section, the term "infectious
or communicable disease" shall include the following:

(1)  Infectious hepatitis;

(2)  Tuberculosis;

(3)  Any venereal disease enumerated in Code Section 31-17-1; or

(4)  Acquired immune deficiency syndrome (AIDS).

(b)  (1) When a person who has been diagnosed as having an infec
tious or communicable disease dies in a hospital or other health
care facility, the attending physician shall prepare a written
notification describing such disease to accompany the body when
it is picked up for disposition.

(2)  When a person dies outside of a hospital or health care
facility and without an attending physician, any family member or
person making arrangements for the disposition of the dead body
who knows that such dead person had been diagnosed as having an
infectious or communicable disease at the time of death shall
prepare a written notification describing such disease to
accompany the body when it is picked up for disposition.

(3)  Any person who picks up a dead body for disposition and who
has been notified that the person had been diagnosed as having an
infectious or communicable disease at the time of death pursuant
to the provisions of paragraph (1) or (2) of this subsection
shall present such notification accompanying the dead body to any
embalmer, funeral director, or other person taking possession of
the dead body.

(c)  Information regarding a deceased's infectious or
communicable disease and contained in a notification required to
be prepared pursuant to subsection (b) of this Code section shall
be privileged and confidential and may only be disclosed if:

(1)  That disclosure is required pursuant to Chapter 17 of this
title;

(2)  That disclosure is required by federal law, but only to the
extent so required;

(3)  That disclosure is made by a physician pursuant to Code
Section 24-9-40 or any other law authorizing a physician to
disclose otherwise privileged information;

(4) That disclosure is for research purposes and does not reveal:

(A)  The identity of the deceased; or

(B)  Information which would reveal the identity of the deceased;

(5)  That disclosure involves information regarding sexual
assault or sexual exploitation of a deceased child and is
required to be reported pursuant to Code Section 19-7-5 or any
other law requiring the reporting of such assault or exploitation
of a child, but only to the extent that such disclosure is so
required to be reported;

(6)  That disclosure involves information regarding a deceased
minor and the disclosure is made to the parent or guardian of
that minor; or

(7)  That disclosure is made to the person who picks up the dead
body or is made in the ordinary course of business to any
employee or agent of any person or entity authorized or required
under this Code' section to receive or report that information.

(d)  Information privileged and confidential under this Code
section may not be disclosed pursuant to discovery proceedings,
subpoena, or court order.

(e)  Any disclosure authorized by this Code section or any
unauthorized disclosure of information or communications made
privileged and confidential by this Code section shall not in any
way abridge or destroy the confidential or privileged character
thereof except for the purposes for which any authorized
disclosure is made. Any person making a disclosure authorized by
this chapter shall not be liable therefor, notwithstanding any
contrary provisions of law.

(f)  Any person having duties imposed upon that person pursuant
to subsection (b) of this Code section who knowingly refuses or
omits to perform such duties shall be guilty of a misdemeanor.



31-22-9.1.     HIV tests - Who may perform test.

(a)  As used in this Code section, the term:

(1)  "AIDS" means Acquired Immunodeficiency Syndrome or AIDS
Related Complex within the reporting criteria of the department.

(2)  "AIDS confidential information" means information which dis
closes that a person:

(A)  Has been diagnosed as having AIDS;

(B)  Has been or is being treated for AIDS;

(C)  Has been determined to be infected with HIV;

(D)  Has submitted to an HIV test;

(E)  Has had a positive or negative result from an HIV test;

(F)  Has sought and received counseling regarding AIDS; or

(G)  Has been determined to be a person at risk of being infected
with AIDS,

and which permits the identification of that person.

(3)  "AIDS transmitting crime" means any of the following
offenses specified in Title 16:

(A)  Rape;

(B)  Sodomy;

(C)  Aggravated sodomy;

(D)  Child molestation;

(E)  Aggravated child molestation;

(F)  Prostitution;

(G)  Solicitation of sodomy;

(H)  Incest;

(I)  Statutory rape; or

(J)  Any offense involving a violation of Article 2 of Chapter 13
of Title 16, regarding controlled substances, if that offense
involves heroin, cocaine, derivatives of either, or any other
controlled substance in Schedule I, II, III, IV, or V and that
other substance is commonly intravenously injected, as determined
by the regulations of the department.

(4)  "Body fluids" means blood, semen, or vaginal secretions.

(5)  "Confirmed positive HIV test" means the results of at least
two separate types of HIV tests, both of which indicate the
presence of HIV in the substance tested thereby.

(6)  "Counseling" means providing the person with information and
explanations medically appropriate for that person which may
include all or part of the following: accurate information
regarding AIDS and HIV; an explanation of behaviors that reduce
the risk of transmitting AIDS and HIV; an explanation of the
confidentiality of information relating to AIDS diagnoses and HIV
tests; an explanation of information regarding both social and
medical implications of HIV tests; and disclosure of commonly
recognized treatment or treatments for AIDS and HIV. The
Department of Human Resources shall develop brochures or other
documents which meet the requirements of this paragraph and, upon
delivery of such a brochure or document or of another brochure or
document approved by the Department of Human Resources to the
person and referral of that person to the Department of Human
Resources for further information and explanations, counseling
shall be deemed to have been provided within the meaning of this
paragraph.

(7)  "Determined to be infected with HIV" means having a con
firmed positive HIV test or having been clinically diagnosed as
having AIDS.

(8)  "Health care facility" means any:

(A)  Institution or medical facility, as defined in Code Section
31-7-I;

(B)  Facility for the mentally ill, mentally retarded, or
alcoholic or drug dependent persons, as defined in Code Sections
37-3-1, 37-4-1, and 37-7-1, respectively;

(C)  Medical, dental, osteopathic, or podiatric clinic;

(D)  Hospice, as defined in Code Section 31-7-172;

(E)  Clinical laboratory, as defined in Code Section 31-22-1; or

(F)  Administrative, clerical, or support personnel of any legal
entity specified in subparagraphs (A) through (E) of this
paragraph.

(9)  "Health care provider" means any of the following persons li
censed or regulated by the state:

(A)  Physician or physician's assistant;

(B)  Osteopath;

(C)  Podiatrist;

(D)  Midwife;

(E)  Dentist, dental technician, or dental hygienist;

(F)  Respiratory care professional, certified respiratory therapy
technician, or registered respiratory therapist;

(G)  Registered nurse;

(H)  Licensed practical nurse;

(I)  Emergency medical technician, paramedic, or cardiac techni
cian;

(J)  Clinical laboratory director, supervisor, technician, or
technologist;

(K)  Funeral director or embalmer;

(L)  Member of a hospice team, as defined in Code Section 31-7-
172;

(M)  Nursing home administrator;

(N)  Professional counselor, social worker, or marriage and
family therapist;

(0)  Psychologist;

(P)  Administrative, clerical, or support personnel, whether or
not they are licensed or regulated by the state, of any person
specified in subparagraphs (A) through (0) of this paragraph;

(Q)  Trainee, student, or intern, whether or not they are
licensed or regulated by the state, of any persons listed in
subparagraphs (A) through (0) of this paragraph; or

(R)  First responder, as defined in Chapter 11 of this title, al
though such person is not licensed or regulated by the state.

(10) "HIV" means any type of Human Immunodeficiency Virus, Human
T-Cell Lymphotropic Virus Types III or IV, Lymphadenopathy
Associated Virus Types I or II, AIDS Related Virus, or any other
identified causative agent of AIDS.

(11) "HIV infected person" means a person who has been determined
to be infected with HIV, whether or not that person has AIDS, or
who has been clinically diagnosed as having AIDS.

(12) "HIV test" means any antibody, antigen, viral particle,
viral culture, or other test to indicate the presence of HIV in
the human body, which test has been approved for such purposes by
the regulations of the department.

(13) "Institutional care facility" means any:

(A)  Health care facility;

(B)  Child welfare agency, as defined in Code Section 49-5-12;

(C)  Group care facility, as defined in Code Section 49-5-3;

(D)  Penal institution; or

(E)  Military unit.

(14) "Knowledge of being infected with HIV" means actual knowl
edge of:

(A)  A confirmed positive HIV test; or

(B) A clinical diagnosis of AIDS.

(15) "Law" means federal or state law.

(16) "Legal entity" means a partnership, association, joint
venture, trust, governmental entity, public or private
corporation, health care facility, institutional care facility,
or any other similar entity.

(17) "Military unit" means the smallest organizational unit of
the organized militia of the state, as defined in Code Section 38-
2-2, or of any branch of the armed forces of the United States,
which unit is commanded by a commissioned officer.

(18) "Penal institution" means any jail, correctional
institution, or similar facility for the detention of violators
of state laws or local ordinances.

(19) "Person" means a natural person.

(20) "Person at risk of being infected with HIV" means any person
who may have already come in contact with or who may in the
future reasonably be expected to come in contact with the body
fluids of an HIV infected person.   ,

(21) "Physician" means any person licensed to practice medicine
under Chapter 34 of Title 43.

(22) "Public safety agency" means that governmental unit which
directly employs a public safety employee.

(23) "Public safety employee" means an emergency medical techni
cian, fireman, law enforcement officer, or prison guard, as such
terms are defined in Code Section 45-9-81, relating to
indemnification of such personnel for death or disability.

(b) Notwithstanding the provisions of Code Section 31-21-10 and
Code Section 31-22-11, no person or legal entity, other than an
insurer authorized to transact business in this state, shall
submit for an HIV test any human body fluid or tissue to any
person or legal entity except to:

(1) A clinical laboratory licensed under this chapter;

(2)  A clinical laboratory exempt from licensure under Code
Section 31-22-9; or

(3) A clinical laboratory licensed as such pursuant to the laws
of any other state.

(c)  No person or legal entity may sell or offer for sale any HIV
test that permits any person or legal entity, including the
person whose body fluids are to be tested, to perform that test
other than a person or legal entity specified in paragraphs (1)
through (3) of subsection (b) of this Code section. (Code 1981,
31-22-9.1, enacted by Ga. L. 1988, p. 1799,  8; Ga. L. 1989, p.
14,  31.)



31-22-9.2.     HIV tests - Report of positive results;
counseling; violations; exception for insurance coverage;
exposure of health care provider.

(a) Any term used in this Code section and defined in Code
Section 31-22-9.1   shall have the meaning provided for that term
in Code Section 31-22-9.1.

(b)  Each health care provider, health care facility, or any
other person or legal entity which orders an HIV test for any
person shall report each confirmed positive HIV test to the
department along with the age, sex, race, and county of residence
of the person having the confirmed positive HIV test but shall
include in that report no other identifying characteristics
regarding the HIV infected person unless otherwise authorized or
required by law. The provisions of this subsection shall be
automatically repealed on the beginning date specified by the
department, pursuant to paragraph (2) of subsection (h) of Code
Section 24-9-47, for the mandatory reporting by name of persons
determined to be infected with HIV.

(c)  Unless exempted under this Code section, each health care
provider who orders an HIV test for any person shall do so only
after counseling the person to be tested. Unless exempted under
this subsection, the person to be tested shall have the
opportunity to refuse the test. The provisions of this subsection
shall not be required if the person is required to submit to an
HIV test pursuant to Code Section 15-11-35.1, 17-10-15, 31-17A-3,
42-5-52.1, or 42-9-42.1. The provisions of this subsection shall
not be required if the person is a minor or incompetent and the
parent or guardian thereof permits the test after compliance with
this subsection. The provisions of this subsection shall not be
required if the person is unconscious, temporarily incompetent,
or comatose and the next of kin permits the test after compliance
with this subsection. The provisions of this subsection shall not
apply to emergency or life-threatening situations. The provisions
of this subsection shall not apply if the physician ordering the
test is of the opinion that the person to be tested is in such a
medical or emotional state that disclosure of the test would be
injurious to the person's health. The provisions of this subsec
tion shall only be required prior to drawing the body fluids
required for the HIV test and shall not be required for each test
performed upon that fluid sample.

(d)  The health care provider ordering an HIV test shall provide
medically appropriate counseling to the person tested with regard
to the test results. Such medically appropriate counseling shall
only be required when the last confirmatory test has been
completed.

(e)  The criminal penalty provided in Code Section 31-22-13 shall
not apply to a violation of subsection (c), (d), or (g) of this
Code section. The statute of limitations for any action alleging
a violation of this Code section shall be two years from the date
of the alleged violation.

(f)  The provisions of this Code section shall not apply to
situations in which an HIV test is ordered or required in
connection with insurance coverage, provided that the person to
be tested or the appropriate representative of that person has
agreed to have the test administered under such procedures as may
be established by the Commissioner of Insurance after
consultation with the Department of Human Resources.

(g)  Notwithstanding the other provisions of this Code section,
when exposure of a health care provider to any body fluids of a
patient occurs in such a manner as to create any risk that such
provider might become an HIV infected person if the patient were
an HIV infected person, according to current infectious disease
guidelines of the Centers for Disease Control or according to
infectious disease standards of the health care facility where
the exposure occurred, a health care provider otherwise
authorized to order an HIV test shall be authorized to order any
HIV test on such patient and obtain the results thereof:

(1)  If the patient or the patient's representative, if the
patient is a minor, otherwise incompetent, or unconscious, does
not refuse the test after being notified that the test is to be
ordered and after having been provided counseling and an
opportunity to refuse the test; or

(2)  If the patient or representative refuses the test, following
compliance with paragraph (1) of this subsection, when at least
one other health care provider who is otherwise authorized to
order an HIV test concurs in writing to the testing, the patient
is informed of the results of the test and is provided counseling
with regard to those results, and the occurrence of that test is
not made a part of the patient's medical records, where the test
results are negative, without the patient's consent.



PENAL INSTITUTIONS



42-5-52.1.     Submission to HIV test; separate housing for HIV
infected persons.

(a)  Any term used in this Code section and defined in Code
Section 31-22-9.1 shall have the meaning provided for that term
in Code Section 31-22-9.1

(b)  Where any person is committed to the custody of the
commissioner to serve time in any penal institution of this state
on and after July 1, 1988, the department shall require that
person to submit to an HIV test within 30 days after the person
is so committed unless that person is in such custody because of
having committed an AIDS transmitting crime and has already
submitted to an HIV test pursuant to Code Section 17-10-15.

(c)  No later than December 31, 1991, the department shall
require to submit to an HIV test each person who has been
committed to the custody of the commissioner to serve time in a
penal institution of this state and who remains in such custody,
or who would be in such custody but for having been transferred
to the custody of the Department of Human Resources under Code
Section 42-5-52, if that person has not submitted to an HIV test
following that person's most recent commitment to the custody of
the commissioner and unless that person is in such custody
because of having committed an AIDS transmitting crime and has
already submitted to an HIV test pursuant to Code Section 17-10-
15.

(d)  Upon failure of an inmate to cooperate in HIV test
procedures under this Code section, the commissioner may apply to
the superior court for an order authorizing the use of such
measures as are reasonably necessary to require submission to the
HIV test. Nothing in this Code section shall be construed to
limit the authority of the department to require inmates to
submit to an HIV test.

(e)  Any person determined by the department to be an HIV
infected person, whether or not by the test required by this Code
section, should be housed separately at existing institutions
from any other persons not infected with HIV if:

(1)  That person is reasonably believed to be sexually active
while incarcerated;

(2)  That person is reasonably believed to be sexually predatory
either during or prior to incarceration; or

(3)  The commissioner determines that other conditions or circum
stances exist indicating that separate confinement would be in
the best interest of the department and the inmate population,

but neither the department nor any officials, employees, or
agents thereof shall be civilly or criminally liable for failing
or refusing to house HIV infected persons separately from any
other persons who are not HIV infected persons.



42-l-6.   Injury or contact by inmate presenting possible threat
of transmission of communicable disease.

If any inmate of any state or county correctional institution,
county or municipal jail, or other similar facility, while such
inmate is in custody or in the process of being taken into
custody, injures or has injured or contacts or has contacted a
law enforcement officer, correctional officer, fireman, emergency
medical technician, or other person in such a manner as to
present a possible threat of transmission of a communicable
disease to the person so injured or contacted, then the warden,
jailer, or other official having charge of such inmate may take
all reasonable steps to determine whether the inmate has a
communicable disease capable of being transmitted by the injury
or contact involved. Such steps may include, but shall not be
limited to, any appropriate medical examination of or collection
of medical specimens from the inmate. In the event an inmate
refuses to cooperate in any such procedures, the warden, jailer,
or other official may apply to the superior court of the county
for an order authorizing the use of any degree of force
reasonably necessary to complete such procedures. Upon a showing
of probable cause that the injury presents the threat of
transmission of a communicable disease, the court shall issue an
order authorizing the petitioner to use reasonable measures to
perform any medical procedures reasonably necessary to ascertain
whether a communicable disease has been transmitted. In addition
to any other grounds sufficient to show probable cause for the
issuance of such an order, such probable cause may be
conclusively established by evidence of the injury or contact in
question and a statement by a licensed physician that the nature
of the injury or contact Is such as to present a threat of
transmission of a communicable disease if the inmate has such a
disease. The cost of any procedures carried out under this Code
section shall be borne by the jurisdiction having custody of the
inmate.



42-1-7.   Notification to transporting law enforcement agency of
inmate's or patient's infectious or communicable disease.

(a)  For the purposes of this Code section, the term "infectious
or communicable disease" shall include infectious hepatitis,
tuberculosis, influenza, measles, chicken pox, meningitis, HIV as
defined in Code Section 31-22-9.1, or any venereal disease
enumerated in Code Section 31-17-1.

(b)  Notwithstanding any other provision of law, any state or
county correctional institution, municipal or county detention
facility, or any facility as defined in Code Section 37-3-1 shall
notify any state or local law enforcement agency required to
transport an inmate or patient if such inmate or patient has been
diagnosed as having an infectious or communicable disease.
Notification shall be limited to the fact that such inmate or
patient has an infectious or communicable disease and whether
such disease is airborne or transmissible by blood or other body
fluids; provided, however, that the specific disease shall not be
disclosed. The Department of Human Resources shall provide a
guide for appropriate precautions to be taken by any person or
persons transporting such inmate or patient and shall develop a
form to be used for the purpose of ensuring that such precautions
are taken.

(c)  Information released or obtained pursuant to this Code
section shall be privileged and confidential and shall only be
released or obtained by the institutions, facilities, or agencies
who are parties to the transportation of the patient or inmate.
Any person making an unauthorized disclosure of such information
shall be guilty of a misdemeanor. (Code 1981,  42-1-7, enacted by
Ga. L. 1991, p. 1319,  1.)



42-9-42.1.     Use of HIV test results in granting relief from
sentence; conditions.

(a)  Any term used in this Code section and defined in Code
Section 31-22-9.1 shall have the meaning provided for such term
in Code Section 31-22-9.1.

(b)  The board is authorized to obtain from any penal
institution, with at least 60 days prior notice to that
institution, and any such penal institution is authorized to
provide the board with HIV test results regarding any person who
applies or is eligible for clemency, a pardon, a parole, or other
relief from a sentence or to require such person to submit to an
HIV test and to consider the results of any such test in
determining whether to grant clemency, a pardon, a parole, or
other relief to such person. Test results obtained pursuant to
the authority of this Code section may not be the sole basis for
determining whether to grant or deny any such relief to such
person, however. The board is further authorized to impose
conditions upon any person to whom the board grants clemency, a
pardon, a parole, or other relief and who is determined by an HIV
test to be infected with HIV, which conditions may include
without being limited to those designed to prevent the spread of
HIV by that person.



44-1-16.  Failure to disclose in real estate transaction that
property was occupied by diseased person or was site of homicide.

No cause of action shall arise against an owner of real property
or the agent of such owner for the failure to disclose in any
real estate transaction the fact or suspicion that such property:

(1)  Is or was occupied by a person who was infected with a virus
or any other disease which has been determined by medical
evidence as being highly unlikely to be transmitted through the
occupancy of a dwelling place presently or previously occupied by
such an infected person; or

(2)  Was the site of a homicide or other felony or a suicide;

provided, however, an owner or the agent of such owner shall
answer truthfully to the best of such owner's or agent's
knowledge, any question concerning the provisions of paragraph
(1) or (2) of this Code section.



44-5-151. HIV test of body part or donor; disposition if
infected; notice to donor or physician; exception for certain
blood testing; penalty for violations.

(a)  Any term used in this Code section and defined in Code
Section 31-22-9.1 shall have the meaning provided for that term
in Code Section 31-22-9.1

(b)  Each health care facility, health care provider, blood bank,
tissue bank, sperm bank, or other similar legal entity which
procures, processes, distributes, or uses any human body part
determined by the Department of Human Resources to have a
reasonable probability of transmitting HIV shall subject or have
subjected such part, or the donor of such part, to an HIV test
prior to making that body part available for use in the body of
another human being. Any such body part thus determined to be
infected with HIV and any body part the donor of which has thus
been determined to be infected with HIV shall not be used in the
body of another human being but shall be safely and promptly
disposed of or made available for medical research, as provided
in the regulations of the Department of Human Resources.

(c) When any body part or the donor thereof has been determined
to be infected with HIV pursuant to subsection (b) of this Code
section, the person or legal entity which ordered the HIV test of
the body part or donor thereof shall:

(1)  If the donor is alive and the records of that person or
legal entity reflect where the donor can be located, provide
personal and confidential notification of such determination to
the donor; or

(2)  If the donor is deceased, provide confidential notification
of such determination to any known physician of the donor, which
physician shall have the sole discretion whether the person who
executed the gift of the body part or any person at risk of being
infected with HIV by the donor should be notified by that
physician of such determination.

(d)  In a medical emergency constituting a serious threat to the
life of a potential recipient of blood, if blood that has been
subjected to the HIV test required under subsection (b) of this
Code section is not available, the testing otherwise required
under subsection (b) of this Code section shall not be required
regarding such blood.

(e)  Any person or legal entity which violates subsection (b) of
this Code section shall be guilty of a misdemeanor.