Testing during incarceration and disclosure of HIV test results

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  • Except as otherwise requested by the victim, if the initial HIV test is conducted within the first two years of a convicted perpetrator's imprisonment, the request for disclosure is considered a standing request for any subsequent HIV test results obtained within two years after the initial HIV test is performed, and such request need not be repeated for each HIV test administered.
  • If the HIV test is performed by any agency, private physician or private laboratory other than the Department of Health, that instrumentality shall be responsible for forwarding the test result to the Department of Health for disclosure to the person requesting the test result pursuant to this chapter. The HIV test result may not be disclosed to any other person except as expressly authorized by law or court order.


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