§ 63-1-525 — Exposure of prescriptions and records - Disclosure of

results of examinations of persons arrested for certain sex offenses and offenses involving human immunodeficiency virus (HIV) - Testing and counseling services - Rules and regulations. A. 1. Except as otherwise provided by law, the prescription and records required by Sections 1-522 and 1-523 of this title to be filed and maintained shall not be released to or opened by any person other than the State Commissioner of Health or local health officer, or in the event a person has tested positive for human immunodeficiency virus (HIV), methicillin-resistant staphylococcus aureus (MRSA), hepatitis or any other communicable disease to the funeral director or embalmer who will be or is preparing the body for burial or other disposition, or when properly ordered by a court of competent jurisdiction to be used as evidence in such court. 2. No information shall be given to any person concerning any infected person except to persons authorized pursuant to Sections 1- 502.1 and 1-523 of this title to receive such information. 3. Records of diagnosis and treatment may be transmitted to physicians and to health authorities in this and other states upon written request of the person affected. B. 1. Results of examinations conducted on persons arrested by lawful warrant for the offense of first or second degree rape, forcible sodomy, or intentional infection or attempted infection of a person with the human immunodeficiency virus, shall be provided to the alleged victim of the crime upon the request of the victim, the parent of the victim if the victim is a minor, or upon request of the legal guardian or custodian of the victim. 2. The name of the arrested and examined person shall not be disclosed on the transmitted record. The State Department of Health shall provide to the victims the positive test results. 3. The Department shall provide free testing to the alleged victim for any sexually transmitted infection (STI) or communicable disease for which the arrestee tests positive, as indicated in the transmitted record of diagnosis. 4. Such testing shall be accompanied with pretest and posttest counseling. Such counseling shall include the provision of information to the victim or the parent, legal guardian or custodian of the victim concerning the STI or communicable disease indicated in the transmitted record and the location of public and private facilities in the vicinity offering tests and counseling for persons who have the sexually transmitted infection (STI) or communicable disease. C. The State Board of Health shall promulgate rules for the examination authorized or required by Section 1-524 of this title and for the release of records containing results of examinations authorized by subsections A and B of this section. The rules shall establish procedural guidelines which respect the rights of the person arrested for the alleged offense and the victim of the alleged offense.

Legislative History

Added by Laws 1963, c. 325, art. 5, § 525, operative July 1, 1963. Amended by Laws 1991, c. 200, § 7, eff. Sept. 1, 1991; Laws 1991, c. 307, § 6, eff. Sept. 1, 1991; Laws 2011, c. 105, § 24, eff. Nov. 1, 2011; Laws 2020, c. 9, § 4, eff. Nov. 1, 2020.