§ 915.43 — Testing, reporting, and counseling — penalties

Iowa § 915.43

• Jurisdiction: Iowa
• Title XVI: CRIMINAL LAW AND PROCEDURE
• Ch. 915: VICTIM RIGHTS

Text

1. The physician or other practitioner who orders the test of a convicted or alleged
offender for HIV under this subchapter shall disclose the results of the test to the convicted
or alleged offender, and to the victim counselor or a person requested by the victim to
provide counseling regarding the HIV-related test and results who shall disclose the results
to the petitioner.
2. All testing under this chapter shall be accompanied by counseling as required under
section 141A.7.
3. Subsequent testing arising out of the same incident of exposure shall be conducted in
accordance with the procedural and confidentiality requirements of this subchapter.
4. Results of a test performed under this subchapter, except as provided in subsection
13, shall be disclosed only to the physician or other practitioner who orders the test of
the convicted or alleged offender; the convicted or alleged offender; the victim; the victim
counselor or person requested by the victim to provide counseling regarding the HIV-related
test and results; the physician of the victim if requested by the victim; the parent, guardian,
or custodian of the victim, if the victim is a minor; and the county attorney who filed the
petition for HIV-related testing under this chapter. Results of a test performed under this

subchapter shall not be disclosed to any other person without the written informed consent
of the convicted or alleged offender. A person to whom the results of a test have been
disclosed under this subchapter is subject to the confidentiality provisions of section 141A.9,
and shall not disclose the results to another person except as authorized by section 141A.9,
subsection 2, paragraph “i”.
5. If testing is ordered under this subchapter, the court shall also order periodic testing
of the convicted offender during the period of incarceration, probation, or parole or of the
alleged offender during a period of six months following the initial test if the physician or
other practitioner who ordered the initial test of the convicted or alleged offender certifies
that, based upon prevailing scientific opinion regarding the maximum period during which
the results of an HIV-related test may be negative for a person after being HIV-infected,
additional testing is necessary to determine whether the convicted or alleged offender
was HIV-infected at the time the sexual assault or alleged sexual assault was perpetrated.
The results of the test conducted pursuant to this subsection shall be released only to the
physician or other practitioner who orders the test of the convicted or alleged offender,
the convicted or alleged offender, the victim counselor or person requested by the victim
to provide the counseling regarding the HIV-related test and results who shall disclose the
results to the petitioner, the physician of the victim, if requested by the victim, and the
county attorney who filed the petition for HIV-related testing under section 915.42.
6. The court shall not consider the disclosure of an alleged offender’s serostatus to an
alleged victim, prior to conviction, as a basis for a reduced plea or reduced sentence.
7. The fact that an HIV-related test was performed under this subchapter and the results
of the test shall not be included in the convicted offender’s medical or criminal record unless
otherwise included in department of corrections records.
8. ThefactthatanHIV-relatedtestwasperformedunderthissubchapterandtheresultsof
the test shall not be used as a basis for further prosecution of a convicted offender in relation
to the incident which is the subject of the testing, to enhance punishments, or to influence
sentencing.
9. If the serologic status of a convicted offender, which is conveyed to the victim, is based
upon an HIV-related test other than a test which is authorized as a result of the procedures
establishedinthissubchapter, legalprotectionswhichattachtosuchtestingshallbethesame
as those which attach to an initial test under this subchapter, and the rights to a predisclosure
hearing and to appeal provided under section 915.42 shall apply.
10. HIV-related testing required under this subchapter shall be conducted by the state
hygienic laboratory.
11. Notwithstandingtheprovisionsofthissubchapterrequiringinitialtesting, ifapetition
is filed with the court under section 915.42 requesting an order for testing and the order is
granted, and if a test has previously been performed on the convicted or alleged offender
while under the control of the department of corrections, the test results shall be provided in
lieu of the performance of an initial test of the convicted or alleged offender, in accordance
with this subchapter.
12. In addition to the counseling received by a victim, referral to appropriate health care
and support services shall be provided.
13. In addition to persons to whom disclosure of the results of a convicted or alleged
offender’s HIV-related test results is authorized under this subchapter, the victim may also
disclose the results to the victim’s spouse, persons with whom the victim has engaged in
vaginal, anal, or oral intercourse subsequent to the sexual assault, or members of the victim’s
family within the third degree of consanguinity.
14. A person to whom disclosure of a convicted or alleged offender’s HIV-related test
results is authorized under this subchapter shall not disclose the results to any other person
for whom disclosure is not authorized under this subchapter. A person who intentionally
or recklessly makes an unauthorized disclosure in violation of this subsection is subject to a
civil penalty of one thousand dollars. The attorney general or the attorney general’s designee
may maintain a civil action to enforce this subchapter. Proceedings maintained under this

subsection shall provide for the anonymity of the test subject and all documentation shall be
maintained in a confidential manner.