Section 24 Human Immunodeficiency Virus and Acquired Immunodeficiency Syndrome

• Library: Mental Health 2006

There are specific protections for information pertaining to a patient’s human immunodeficiency virus (HIV) status or presence of acquired immunodeficiency syndrome (AIDS). “All communications between the subject of HIV testing and a physician, hospital, or other person authorized by the department of health and senior services who performs or conducts HIV [blood] sampling shall be privileged communications.” Section 191.656.3, RSMo Supp. 2005. All information and records concerning an individual’s HIV infection status or HIV test results shall be strictly confidential and may not be disclosed except to:

• Public employees within agencies, departments, or political subdivisions of Missouri who need to know to perform their public duties

• Peace officers, the attorney general, assistant attorneys general, or prosecuting or circuit attorneys

• Others (not public employees) who are responsible for the regular care of individuals under the care and custody of a Missouri agency, including operators of day care facilities, group homes, and residential care facilities, adoptive parents, and foster parents

• The Missouri Department of Health and Senior Services

• The victim of any sexual offense that includes sexual intercourse as an element of the crime

• “[H]ealth care personnel working directly with the infected individual who have a reasonable need to know the results for the purpose of providing direct patient health care”

• The patient’s spouse

• The parent or legal guardian of a minor

• “[E]mployees of a state licensing board in the execution of their duties”

Section 191.656.

When the results of HIV testing are included in the medical record of a patient, the inclusion is not a disclosure provided that the medical record is afforded the same confidentiality protection afforded other medical records. Section 191.656.2(4).

(§5.25) Alcohol and Drug Abuse

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