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Florida Statutes § 381.004

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“HIV testing under the public health law”

(3)(e) The identity of any person who takes a HIV test and the test results are confidential and exempt from the public’s right to access public records. The identity of the person who took the HIV test and test results may only be disclosed to:

  • The person who took the test or the person’ legally authorized representative;
  • Any person, including health insurers, designated in a written authorization by the person who took the test;
  • Health care providers consulting between themselves to determine diagnosis and treatment;
  • The Department of Health;
  • A health facility or health care provider which procures a human body part form a deceased person or semen for the purposes of artificial insemination;
  • Health facility staff committees;
  • Medical or epidemiological researchers;
  • A person allowed access by a court order;
  • Residential facilities or community-based care programs that care for developmentally disabled persons; or
  • A health care provider involved in the delivery of a child can note the mother’s HIV test results in the child’s medical records.                                 

(6) A facility or a licensed health care provider who violates the confidentiality of HIV test results may face disciplinary action and is guilty of a misdemeanor of the first degree. Any person who obtains information that identifies an individual who has a sexually transmitted disease, including HIV/AIDS, who knew the nature of the information and improperly disseminates the information commits a felony of the third degree.

Related laws:

Florida Statutes § 119.07

Florida Statutes § 381.0041

Florida Statutes § 384.30

Florida Statutes § 384.31

Florida Statutes § 395.3025

Florida Statutes § 401.23

Florida Statutes § 406.11

Florida Statutes § 627.429

Florida Statutes § 641.3007

Florida Statutes § 765.519

Florida Statutes § 775.082

Florida Statutes § 775.083

Florida Statutes § 775.0877

Florida Statutes § 796.08

Florida Statutes § 872.04

Florida Statutes § 945.355

Florida Statutes § 951.27

Florida Statutes § 960.003



Current as of June 2015