§ 20-15-905 — HIV Shield Law - Definitions

(a) As used in this section: (1) "Affected individual" means a healthcare provider, employee of a health facility, or emergency response worker who is involved in a direct skin or mucous membrane contact with the blood or bodily fluids of another individual; (2) "Emergency response worker" means: (A) Paramedics; (B) Emergency response employees; (C) Firefighters; (D) First response workers; (E) Emergency medical technicians; (F) Emergency medical services personnel; (G) Volunteers making an authorized emergency response; (H) Law enforcement officers and personnel; and (I) A person rendering services as a "Good Samaritan" under the "Good Samaritan" law, § 17-95-101 ; (3) "Healthcare provider" means any physician, nurse, paramedic, or other person providing medical, nursing, or other healthcare services of any kind; (4) "Health facility" means a hospital, nursing home, blood bank, blood center, sperm bank, or other healthcare institution; (5) "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome (AIDS); (6) "Person" includes any natural person, partnership, association, joint venture, trust, governmental entity, public or private corporation, health facility, or other legal entity; and (7) "Test" or "HIV test" means a test to determine the presence of the antibody or antigen to HIV or of HIV infection. (b) (1) Consent is not required for a healthcare provider or health facility to perform a test when a healthcare provider, employee of a health facility, or emergency response worker is involved in a direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his or her medical judgment. (2) (A) The results of the test shall be provided by a representative of the health facility performing the test to: (i) The affected individual; (ii) The individual tested; (iii) The affected individual's physician, with the consent of the affected individual; and (iv) The physician of the individual tested, with the consent of the individual tested. (B) Appropriate counseling shall be provided along with the test results. (c) (1) Informed consent, information, and counseling are not required for the performance of an HIV test when, in the judgment of the physician, the testing is medically indicated to provide an appropriate diagnosis and treatment to the subject of the test, provided that the subject of the test has otherwise provided his or her consent to the physician for medical treatment. (2) If confirmatory testing is positive for evidence of HIV infection, the patient shall be informed. (d) Healthcare providers or facilities may not deny appropriate care based upon the results of an HIV test. (e) (1) Notwithstanding any other law to the contrary, no person who performs a test pursuant to subsection (b) or subsection (c) of this section shall be subject to civil or criminal liability for doing so. (2) Notwithstanding any other law to the contrary, no person who discloses a test result in accordance with the provisions of subsection (b) of this section shall be subject to civil or criminal liability. However, nothing in this section shall be construed to limit the confidentiality for AIDS testing provided by § 20-15-901 or other provision of law unless testing is conducted pursuant to this section.

Legislative History

Amended by Act 2019, No. 253,§ 3, eff. 7/24/2019. Acts 1991, No. 289, §§ 1-5; 1999, No. 1536, § 11.