A. The results of every test to determine infection with human immunodeficiency virus shall be confidential. Such information may be released only to persons or entities permitted or authorized to obtain protected health information under any applicable federal or state law.
B. In any action brought under this section, if the court finds that a person has willfully or through gross negligence made an unauthorized disclosure in violation of this section, the Attorney General, any attorney for the Commonwealth, or any attorney for the county, city or town in which the violation occurred may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $5,000 per violation.
C. Any person who is the subject of an unauthorized disclosure pursuant to this section shall be entitled to initiate an action to recover actual damages, if any, or $100, whichever is greater. In addition, such person may also be awarded reasonable attorney's fees and court costs.
D. This section shall not be deemed to create any duty on the part of any person who receives such test results, where none exists otherwise, to release the results to a person listed herein as authorized to receive them.
1989, c. 613; 1990, c. 777; 1993, cc. 97, 664; 2017, c. 178.
Structure Code of Virginia
Chapter 2 - Disease Prevention and Control
§ 32.1-35. List and reports of diseases and dangerous microbes and pathogens
§ 32.1-35.1. Information on health care-associated infections
§ 32.1-36. Reports by physicians and laboratory directors
§ 32.1-37. Reports by persons other than physicians
§ 32.1-37.01. Posting of information about cases of communicable disease of public health threat
§ 32.1-37.1. Report of diseases infecting dead human bodies
§ 32.1-38. Immunity from liability
§ 32.1-39. Surveillance and investigation
§ 32.1-40. Authority of Commissioner to examine medical records
§ 32.1-41. Anonymity of patients and practitioners to be preserved in use of medical records
§ 32.1-42. Emergency rules and regulations
§ 32.1-43. Authority of State Health Commissioner to require quarantine, etc.
§ 32.1-44. Isolated or quarantined persons
§ 32.1-45. Expense of treatment
§ 32.1-45.4. Comprehensive harm reduction programs
§ 32.1-46. Immunization of patients against certain diseases
§ 32.1-46.01. Virginia Immunization Information System
§ 32.1-46.02. Administration of influenza vaccine to minors
§ 32.1-46.2. Certain testing or determination of low risk for elevated blood-lead levels required
§ 32.1-47. Exclusion from school of children not immunized
§ 32.1-47.1. Vaccination of children; plan enhancements
§ 32.1-48. Powers of Commissioner in epidemic
§ 32.1-48.03. Petition for hearing; temporary detention
§ 32.1-48.04. Isolation hearing; conditions; order for isolation; right to appeal
§ 32.1-48.07. Conditions for invoking the provisions of this article
§ 32.1-48.08. Declaration of quarantine
§ 32.1-48.09. Order of quarantine
§ 32.1-48.010. Appeal of any order of quarantine
§ 32.1-48.012. Isolation order
§ 32.1-48.013. Appeal of any order of isolation
§ 32.1-48.013:1. Electronic filings as protection from communicable disease
§ 32.1-48.014. Enforcement of orders of quarantine or isolation; penalties
§ 32.1-48.015. Authorization to disclose health records
§ 32.1-48.016. Immunity from liability
§ 32.1-48.017. Use of public or private property or facilities
§ 32.1-48.2. Regulation of Commissioner requiring vaccination or inoculation of dogs
§ 32.1-48.3. Regulations of Commissioner covering local ordinances and requirements
§ 32.1-48.4. Commissioner to cooperate with local governing bodies and agencies
§ 32.1-49. Tuberculosis required to be reported
§ 32.1-53. Facilities and contracts for treatment of tuberculosis patients
§ 32.1-54. Commissioner authorized to charge patients for care
§ 32.1-55.1. Anonymous testing sites for human immunodeficiency virus
§ 32.1-56. Information to be provided patients
§ 32.1-57. Examination, testing and treatment; failure to comply with order of examination
§ 32.1-58. Persons convicted of certain crimes to be examined, tested and treated
§ 32.1-59. Examination and treatment in certain institutions
§ 32.1-60. Prenatal tests required
§ 32.1-62. Procedure upon infant's birth
§ 32.1-63. Duty of physician, midwife or nurse noting ophthalmia neonatorum
§ 32.1-64. Duty of Board to provide for treatment
§ 32.1-64.1. Virginia Hearing Loss Identification and Monitoring System
§ 32.1-65. Certain newborn screening required
§ 32.1-65.1. Critical congenital heart defect screening test required
§ 32.1-66. Commissioner to notify physicians; reports to Commissioner
§ 32.1-67. Duty of Board for follow-up and referral protocols; regulations
§ 32.1-67.1. Confidentiality of records; prohibition of discrimination
§ 32.1-69. Records confidential; disclosure of results of screening
§ 32.1-69.1. Virginia Congenital Anomalies Reporting and Education System
§ 32.1-69.1:1. Dissemination of information regarding birth defects
§ 32.1-69.3. Virginia Cord Blood Bank Initiative established
§ 32.1-69.4. Publication of information regarding cord blood education
§ 32.1-70.2. Collection of cancer case information by the Commissioner
§ 32.1-71.01. Penalties for unauthorized use of statewide cancer registry
§ 32.1-71.02. Notification of cancer patients of statewide cancer registry reporting
§ 32.1-73. Failure to comply with provisions; grounds for revocation of license or permit
§ 32.1-73.5. Comprehensive statewide asthma management plan
§ 32.1-73.6. Implementation of state asthma management programs
§ 32.1-73.7. Department to be lead agency for youth suicide prevention
§ 32.1-73.8. Youth health risk behavior survey
§ 32.1-73.10. Advisory Council; report
§ 32.1-73.11. (Continued pursuant to Acts 2022, Sp. S. I, c. 2, item 299 D) Sunset
§ 32.1-73.12. Department to be lead agency for services for substance-exposed infants
§ 32.1-73.14. Rare Disease Council; purpose
§ 32.1-73.15. Powers and duties of the Council
§ 32.1-73.16. Membership; terms; quorum; meetings; staffing
§ 32.1-73.17. Rare Disease Council Fund
§ 32.1-73.18. Renal Disease Council; purpose