§1171.5. Court authorization for disclosure of confidential HIV test results
A. Notwithstanding any other provision of law, no court shall issue an order for the
disclosure of confidential HIV test results except a court of record of competent jurisdiction
in accordance with the provisions of this Subpart.
B. A court may grant an order for disclosure of confidential HIV test results upon
an application showing:
(1)A compelling need for disclosure of the information for the adjudication of a
criminal or civil proceeding.
(2)A clear and imminent danger to an individual whose life or health may
unknowingly be at significant risk as a result of contact with the individual to whom the
information pertains.
(3)Upon application of a state, parish, or local health officer, a clear and imminent
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§1171.5. Court authorization for disclosure of confidential HIV test results
A. Notwithstanding any other provision of law, no court shall issue an order for the
disclosure of confidential HIV test results except a court of record of competent jurisdiction
in accordance with the provisions of this Subpart.
B. A court may grant an order for disclosure of confidential HIV test results upon
an application showing:
(1) A compelling need for disclosure of the information for the adjudication of a
criminal or civil proceeding.
(2) A clear and imminent danger to an individual whose life or health may
unknowingly be at significant risk as a result of contact with the individual to whom the
information pertains.
(3) Upon application of a state, parish, or local health officer, a clear and imminent
danger to the public health.
(4) That the applicant is lawfully entitled to the disclosure and the disclosure is
consistent with the provisions of this Subpart.
C. Upon receiving an application for an order authorizing disclosure pursuant to this
Section, the court shall enter an order directing that all pleadings, papers, affidavits,
judgments, orders of the court, briefs, and memoranda of law which are part of the
application or the decision thereon, be sealed and not made available to any person, except
to the extent necessary to conduct any proceedings in connection with the determination of
whether to grant or deny the application, including any appeal. Such an order shall further
direct that all subsequent proceedings in connection with the application, shall be conducted
in camera, and, where appropriate to prevent the unauthorized disclosure of confidential HIV
test results, that any pleadings, papers, affidavits, judgments, orders of the court, briefs, and
memoranda of law which are part of the application or the decision thereon omit the name
of the individual concerning whom confidential HIV test results are sought.
D.(1) The individual concerning whom confidential HIV test results are sought and
any person holding records concerning confidential HIV test results from whom disclosure
is sought shall be given adequate notice of such application in a manner that shall not
disclose to any other person the identity of the individual, and shall be afforded an
opportunity to file a written response to the application, or to appear in person for the limited
purpose of providing evidence on the statutory criteria for the issuance of an order pursuant
to this Section.
(2) The court may grant an order without such notice and opportunity to be heard,
if an ex parte application by a public health officer shows a clear and imminent danger to an
individual whose life or health may unknowingly be at risk.
(3) The service of a subpoena shall not be subject to this Subsection.
E. In assessing the compelling need and clear and imminent danger, the court shall
provide written findings of fact, including scientific or medical findings, citing specific
evidence in the record that supports each finding, and shall weigh the need for disclosure
against the privacy interest of the protected individual and against the public interest that may
not be served by disclosure which deters future testing or treatment or which may lead to
discrimination.
F. An order authorizing disclosure of confidential HIV test results shall:
(1) Limit disclosure to that information necessary to fulfill the purpose for which the
order is granted.
(2) Limit disclosure to those persons whose need for the information is the basis for
the order, and specifically prohibit additional disclosure by such persons to any other
persons, regardless of whether they are parties to the action.
(3) To the extent possible consistent with this Section, conform to the provisions of
this Subpart.
(4) Include such other measures as the court deems necessary to limit any disclosures
not authorized by its order.