Laws Regarding the Release of an HIV Test
While most laws regarding results on HIV tests deal with confidentiality and the prevention of discrimination, almost all laws specifically regarding the release of HIV test results are to protect the patient's right of privacy. Because of the stigma that surrounds HIV and AIDS, confidentiality is of utmost importance to most patients.
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Informed Consent
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Most states have laws requiring consent for testing in the first place, whether it is written or oral. If the patient is unable to give their consent, this consent must be given by parents, next of kin, or someone with power of attorney.
Disclosure
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A person afflicted with HIV is not required to disclose to anyone their HIV status, except for sexual partners. This means a person is not required to tell employers, co-workers, family, or friends that they have tested HIV positive.
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Court Order
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Health care workers or others with access to HIV test results can be ordered by the court to release information pertaining to an HIV test. This is rarely done, however.
Openness and Retention of Rights
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If a person is open about their HIV status, this does not mean that they have lost their right of privacy. All privacy rights must be honored by others no matter how many people the patient decides to disclose to.
HIV/AIDS Is Not a Notifiable Disease
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A notifiable disease is one in which health care workers are required to keep statistics about how many people they see that are infected. HIV/AIDS is not a notifiable disease, so health care providers still cannot release this information.
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