Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) Except as provided in this section or section 3701.248 of the Revised Code, no person or agency of state or local government that acquires the information while providing any health care service or while in the employ of a health care facility or health care provider shall disclose or compel another to disclose any of the following:
(1) The identity of any individual on whom an HIV test is performed;
(2) The results of an HIV test in a form that identifies the individual tested;
(3) The identity of any individual diagnosed as having AIDS or an AIDS-related condition.
(B)(1) Except as provided in divisions (B)(2), (C), (D), and (F) of this section, the results of an HIV test or the identity of an individual on whom an HIV test is performed or who is diagnosed as having AIDS or an AIDS-related condition may be disclosed only to the following:
(a) The individual who was tested or the individual's legal guardian, and the individual's spouse or any sexual partner;
(b) A person to whom disclosure is authorized by a written release, executed by the individual tested or by the individual's legal guardian and specifying to whom disclosure of the test results or diagnosis is authorized and the time period during which the release is to be effective;
(c) Any physician who treats the individual;
(d) The department of health or a health commissioner to which reports are made under section 3701.24 of the Revised Code;
(e) A health care facility or provider that procures, processes, distributes, or uses a human body part from a deceased individual, donated for a purpose specified in Chapter 2108. of the Revised Code, and that needs medical information about the deceased individual to ensure that the body part is medically acceptable for its intended purpose;
(f) Health care facility staff committees or accreditation or oversight review organizations conducting program monitoring, program evaluation, or service reviews;
(g) A health care provider, emergency medical services worker, or peace officer who sustained a significant exposure to the body fluids of another individual, if that individual was tested pursuant to division (E)(6) of section 3701.242 of the Revised Code, except that the identity of the individual tested shall not be revealed;
(h) To law enforcement authorities pursuant to a search warrant or a subpoena issued by or at the request of a grand jury, a prosecuting attorney, a city director of law or similar chief legal officer of a municipal corporation, or a village solicitor, in connection with a criminal investigation or prosecution.
(2) The results of an HIV test or a diagnosis of AIDS or an AIDS-related condition may be disclosed to a health care provider, or an authorized agent or employee of a health care facility or a health care provider, if the provider, agent, or employee has a medical need to know the information and is participating in the diagnosis, care, or treatment of the individual on whom the test was performed or who has been diagnosed as having AIDS or an AIDS-related condition.
This division does not impose a standard of disclosure different from the standard for disclosure of all other specific information about a patient to health care providers and facilities. Disclosure may not be requested or made solely for the purpose of identifying an individual who has a positive HIV test result or has been diagnosed as having AIDS or an AIDS-related condition in order to refuse to treat the individual. Referral of an individual to another health care provider or facility based on reasonable professional judgment does not constitute refusal to treat the individual.
(3) Not later than ninety days after November 1, 1989, each health care facility in this state shall establish a protocol to be followed by employees and individuals affiliated with the facility in making disclosures authorized by division (B)(2) of this section. A person employed by or affiliated with a health care facility who determines in accordance with the protocol established by the facility that a disclosure is authorized by division (B)(2) of this section is immune from liability to any person in a civil action for damages for injury, death, or loss to person or property resulting from the disclosure.
(C)(1) Any person or government agency may seek access to or authority to disclose the HIV test records of an individual in accordance with the following provisions:
(a) The person or government agency shall bring an action in a court of common pleas requesting disclosure of or authority to disclose the results of an HIV test of a specific individual, who shall be identified in the complaint by a pseudonym but whose name shall be communicated to the court confidentially, pursuant to a court order restricting the use of the name. The court shall provide the individual with notice and an opportunity to participate in the proceedings if the individual is not named as a party. Proceedings shall be conducted in chambers unless the individual agrees to a hearing in open court.
(b) The court may issue an order granting the plaintiff access to or authority to disclose the test results only if the court finds by clear and convincing evidence that the plaintiff has demonstrated a compelling need for disclosure of the information that cannot be accommodated by other means. In assessing compelling need, the court shall weigh the need for disclosure against the privacy right of the individual tested and against any disservice to the public interest that might result from the disclosure, such as discrimination against the individual or the deterrence of others from being tested.
(c) If the court issues an order, it shall guard against unauthorized disclosure by specifying the persons who may have access to the information, the purposes for which the information shall be used, and prohibitions against future disclosure.
(2) A person or government agency that considers it necessary to disclose the results of an HIV test of a specific individual in an action in which it is a party may seek authority for the disclosure by filing an in camera motion with the court in which the action is being heard. In hearing the motion, the court shall employ procedures for confidentiality similar to those specified in division (C)(1) of this section. The court shall grant the motion only if it finds by clear and convincing evidence that a compelling need for the disclosure has been demonstrated.
(3) Except for an order issued in a criminal prosecution or an order under division (C)(1) or (2) of this section granting disclosure of the result of an HIV test of a specific individual, a court shall not compel a blood bank, hospital blood center, or blood collection facility to disclose the result of HIV tests performed on the blood of voluntary donors in a way that reveals the identity of any donor.
(4) In a civil action in which the plaintiff seeks to recover damages from an individual defendant based on an allegation that the plaintiff contracted the HIV virus as a result of actions of the defendant, the prohibitions against disclosure in this section do not bar discovery of the results of any HIV test given to the defendant or any diagnosis that the defendant suffers from AIDS or an AIDS-related condition.
(D) The results of an HIV test or the identity of an individual on whom an HIV test is performed or who is diagnosed as having AIDS or an AIDS-related condition may be disclosed to a federal, state, or local government agency, or the official representative of such an agency, for purposes of the medicaid program, the medicare program, or any other public assistance program.
(E) Any disclosure pursuant to this section shall be in writing and accompanied by a written statement that includes the following or substantially similar language: "This information has been disclosed to you from confidential records protected from disclosure by state law. You shall make no further disclosure of this information without the specific, written, and informed release of the individual to whom it pertains, or as otherwise permitted by state law. A general authorization for the release of medical or other information is not sufficient for the purpose of the release of HIV test results or diagnoses."
(F) An individual who knows that the individual has received a positive result on an HIV test or has been diagnosed as having AIDS or an AIDS-related condition shall disclose this information to any other person with whom the individual intends to make common use of a hypodermic needle or engage in sexual conduct as defined in section 2907.01 of the Revised Code. An individual's compliance with this division does not prohibit a prosecution of the individual for a violation of division (B) of section 2903.11 of the Revised Code.
(G) Nothing in this section prohibits the introduction of evidence concerning an HIV test of a specific individual in a criminal proceeding.
Structure Ohio Revised Code
Title 37 | Health-Safety-Morals
Chapter 3701 | Department of Health
Section 3701.01 | Department of Health Definitions.
Section 3701.021 | Director of Health to Adopt Rules.
Section 3701.022 | Medically Handicapped Children Definitions.
Section 3701.023 | Program for Medically Handicapped Children.
Section 3701.024 | County's Share for Program for Medically Handicapped Children.
Section 3701.025 | Medically Handicapped Children's Medical Advisory Council.
Section 3701.026 | Right of Subrogation Against Liable Third Party.
Section 3701.027 | Grant Programs.
Section 3701.028 | Confidentiality.
Section 3701.0210 | Hemophilia Advisory Subcommittee.
Section 3701.0211 | Application for Federal Abstinence Education Funds.
Section 3701.03 | General Duties of Director of Health.
Section 3701.031 | Federal Grants for Monitoring, Studying and Preventing Pregnancy Losses.
Section 3701.033 | Distribution of Funds for Family Planning Services.
Section 3701.034 | Restrictions Regarding Use of Certain Federal Funds.
Section 3701.04 | Director of Health - Powers and Duties.
Section 3701.043 | Medicare Initial Certification Fund - Fees.
Section 3701.044 | Contract to Conduct Competency Examination or Evaluation.
Section 3701.045 | Child Fatality Review Boards Conducting Reviews.
Section 3701.046 | Grants for Women's Health Services - Application.
Section 3701.047 | Agreement to Promote Federally Qualified Health Centers.
Section 3701.048 | Protocols for the Administration of Drugs in a Declared Emergency.
Section 3701.049 | Fetal-Infant Mortality Review.
Section 3701.0410 | Drug Overdose Fatality Review.
Section 3701.0411 | Suicide Fatality Review.
Section 3701.05 | Annual Report to Health Officials and Public.
Section 3701.051 | Report on Incidence of Rare Diseases.
Section 3701.06 | Right of Entry to Investigate Violations.
Section 3701.071 | Registering and Record Keeping for Nonprofit Shelters and Health Care Facilities.
Section 3701.072 | Information Regarding Free Clinics.
Section 3701.073 | Department to Administer Medicare Rural Hospital Flexibility Program.
Section 3701.08 | Duties of Department Regarding Hospitals and Medical Facilities.
Section 3701.09 | Program for Construction and Modernization of Hospitals and Medical Facilities.
Section 3701.10 | District Health Commissioner May Be Required to Attend School of Instruction.
Section 3701.11 | Power to Administer Oath.
Section 3701.12 | Third Party Payment for Department Goods and Services.
Section 3701.13 | Department of Health - Powers.
Section 3701.131 | Director of Health - Duties Regarding Sickle Cell Disease.
Section 3701.132 | Special Supplemental Nutrition Program for Women, Infants and Children.
Section 3701.133 | Meningococcal Meningitis and Hepatitis B Information.
Section 3701.134 | Director of Health to Provide Means of Immunization Against Chicken Pox.
Section 3701.135 | Autism Diagnosis Education Pilot Program.
Section 3701.136 | School-Based Fluoride Mouth Rinse Program.
Section 3701.137 | Promotion of Complex Regional Pain Syndrome Education.
Section 3701.138 | Influenza Information for Older Adults.
Section 3701.139 | Meetings; Report.
Section 3701.1310 | Assistance at Appointments During Declared Emergency.
Section 3701.14 | Special Duties of Director of Health.
Section 3701.141 | Office of Women's Health Initiatives.
Section 3701.142 | Rules for Community Health Workers.
Section 3701.144 | Ohio Breast and Cervical Cancer Project.
Section 3701.145 | Director Ensure Treatment for Breast or Cervical Cancer.
Section 3701.146 | Duties and Powers Regarding Tuberculosis.
Section 3701.15 | Annual Report.
Section 3701.161 | Diphtheria Antitoxin.
Section 3701.162 | Antitoxin for Indigent Persons.
Section 3701.17 | Protected Health Information.
Section 3701.18 | Testing Bacteria Level of Water Adjacent to Public Swimming Beaches.
Section 3701.19 | Poison Control Network Definitions.
Section 3701.20 | Poison Control Network - Purposes.
Section 3701.21 | Save Our Sight Fund.
Section 3701.22 | Public Health Laboratory.
Section 3701.221 | Chemical and Bacteriological Laboratory.
Section 3701.231 | Laboratory Compliance With Reporting and Confidentiality Requirements.
Section 3701.24 | Report as to Contagious or Infectious Diseases - AIDS and Hiv.
Section 3701.241 | Director to Develop and Administer AIDS and HIV Related Programs.
Section 3701.242 | Informed Consent to HIV Test Required.
Section 3701.243 | Disclosing of HIV Test Results or Diagnosis.
Section 3701.244 | Civil Actions.
Section 3701.245 | Public Agencies May Not Require HIV Results to Obtain Services.
Section 3701.246 | HIV Testing of Donated Body Parts or Fluids.
Section 3701.247 | Order Compelling HIV Testing.
Section 3701.249 | Immunity of Employer.
Section 3701.261 | Ohio Cancer Incidence Surveillance System.
Section 3701.262 | Cancer Incidence Surveillance System Rules.
Section 3701.28 | Powers of Department When Local Authorities Fail to Act.
Section 3701.29 | Annual Conference - Expenses.
Section 3701.30 | Blood Bank for Civilian Use.
Section 3701.31 | Administration of Blood Bank.
Section 3701.32 | Rooms Provided.
Section 3701.33 | Ohio Public Health Advisory Board.
Section 3701.34 | Ohio Public Health Advisory Board; Powers and Duties.
Section 3701.341 | Rules Relating to Abortions.
Section 3701.344 | Rules for Private Water Systems.
Section 3701.345 | Applying for Variance From Rules.
Section 3701.347 | Rules to Remain in Effect Until Repealed or Superseded.
Section 3701.351 | Standards, Procedures for Hospital Staff Membership.
Section 3701.352 | Violations Prohibited.
Section 3701.36 | Palliative Care and Quality of Life Interdisciplinary Council.
Section 3701.361 | Palliative Care Consumer and Professional Information and Education Program.
Section 3701.362 | Identifying and Informing Persons Who May Benefit From Palliative Care.
Section 3701.38 | Application to Surgeon General for Federal Funds.
Section 3701.40 | Minimum Standards for Hospitals Receiving Federal Aid.
Section 3701.41 | Priority of Construction and Modernization.
Section 3701.42 | Application for Construction or Modernization Projects.
Section 3701.43 | Hearing to Be Given Applicant.
Section 3701.44 | Inspection of Construction Projects - Certification to Surgeon General.
Section 3701.45 | Hospital and Medical Facilities Construction Fund - Federal Grant Funds.
Section 3701.46 | Statement on Certificate.
Section 3701.47 | Standard Tests for Syphilis and Gonorrhea.
Section 3701.48 | Laboratory Report.
Section 3701.49 | Duty in Case Physician Is Not in Attendance.
Section 3701.501 | Newborns Screened for Genetic, Endocrine, and Metabolic Disorders.
Section 3701.502 | Programs of Education, Detection, and Treatment of Genetic Diseases.
Section 3701.503 | Testing Newborns Definitions.
Section 3701.504 | Program to Identify Newborn and Infant Hearing Impairment.
Section 3701.505 | Hospitals and Freestanding Birthing Centers Duties Concerning Hearing Screening.
Section 3701.506 | Preparing and Distributing of Information Concerning Hearing Loss.
Section 3701.507 | Infant Hearing Screening Subcommittee.
Section 3701.508 | Statewide Hearing Screening, Tracking, and Early Intervention Program Rules.
Section 3701.509 | Analyzing and Interpreting Hearing Screening Information.
Section 3701.5010 | Critical Congenital Heart Defects Screening.
Section 3701.51 | Inflammation of the Eyes of the Newborn and Gonorrheal Ophthalmia.
Section 3701.511 | Use of Program Funds to Counsel or Refer for Abortion.
Section 3701.52 | Condition to Be Reported.
Section 3701.53 | Duties of Health Commissioner.
Section 3701.54 | Duties of Department of Health.
Section 3701.55 | Use of Prophylactic Against Inflammation - Record.
Section 3701.56 | Enforcement of Rules and Regulations.
Section 3701.57 | Prosecutions and Proceedings - Injunctive or Other Relief.
Section 3701.571 | Establishing Graduated System of Fines.
Section 3701.58 | Prosecuting Attorney to Prosecute Violations.
Section 3701.59 | Encouragement to Seek Treatment for Drug Addiction.
Section 3701.60 | Offer of Uterine Cytologic Examination for Cancer to Every Female In-Patient.
Section 3701.601 | Breast and Cervical Cancer Project Income Tax Contribution Fund.
Section 3701.602 | Wishes for Sick Children Income Tax Contribution Fund.
Section 3701.61 | Help Me Grow Program.
Section 3701.611 | Central Intake and Referral System for Home Visiting Programs.
Section 3701.612 | Ohio Home Visiting Consortium.
Section 3701.613 | Biannual Summit on Home Visiting Programs.
Section 3701.614 | Educational Materials Regarding Health Risks of Lead-Based Paint.
Section 3701.63 | Shaken Baby Syndrome Education Program.
Section 3701.64 | Distribution of Shaken Baby Syndrome Educational Materials.
Section 3701.65 | Choose Life Fund.
Section 3701.66 | Safe Sleep Education Program.
Section 3701.67 | Infant Safe Sleep Screening Procedure.
Section 3701.671 | Reporting Regarding Safe Crib Procurement.
Section 3701.68 | Commission on Infant Mortality.
Section 3701.69 | Down Syndrome Information Sheet.
Section 3701.701 | Summary Sheet.
Section 3701.703 | Confidentiality.
Section 3701.71 | Minimum Standards for Voluntary and Governmental Hospitals.
Section 3701.73 | Exceptions to Act.
Section 3701.741 | Fees for Providing Copies of Medical Records.
Section 3701.742 | Consumer Price Index Adjustment to Fees for Providing Medical Records.
Section 3701.75 | Authenticating Health Care Records.
Section 3701.77 | Lupus Education and Awareness Program.
Section 3701.771 | Needs Assessment Regarding Lupus.
Section 3701.775 | Lupus Education and Awareness Program Fund.
Section 3701.78 | Commission on Minority Health.
Section 3701.79 | Physician, Hospital, and Department Abortion Reports.
Section 3701.791 | Notice to Be Posted Where Abortions Performed.
Section 3701.792 | Child Survival Form.
Section 3701.81 | Exposing Others to Contagion.
Section 3701.82 | Rules and Prohibitions for Use of Burners or Heaters.
Section 3701.83 | General Operations Fund.
Section 3701.832 | Department of Health Medicaid Fund.
Section 3701.834 | Public Health Emergency Preparedness Fund.
Section 3701.84 | Plan for Reduction of Tobacco Use.
Section 3701.841 | Tobacco Use Prevention Fund.
Section 3701.85 | Automated External Defibrillator - Requirements for Use.
Section 3701.86 | Anatomical Pathology Services Billing Definitions.
Section 3701.861 | Laboratory Bill for Anatomical Pathology Services.
Section 3701.87 | Agreement to Review Proposed Capital Expenditures by Health Care Facilities.
Section 3701.89 | Ohio Medical Quality Foundation.
Section 3701.90 | Development of Curricula on Efficacy-Based Contraceptives.
Section 3701.91 | Toll-Free Patient Safety Telephone Line.
Section 3701.92 | Definitions Relating to Patient Centered Medical Home Education.
Section 3701.921 | Patient Centered Medical Home Education Program.
Section 3701.922 | Implementation by Director.
Section 3701.923 | Patient Centered Medical Home Education Pilot Project.
Section 3701.924 | Patient Centered Medical Home Education Advisory Group.
Section 3701.925 | Applications From Primary Care Practices With Educational Affiliations.
Section 3701.926 | Eligibility Requirements.
Section 3701.927 | Contracts With Selected Practices; Terms and Conditions.
Section 3701.928 | Development of Curricula.
Section 3701.93 | Ohio Violent Death Reporting System.
Section 3701.931 | Purpose of System.
Section 3701.932 | Violent Death Advisory Group.
Section 3701.933 | Data Collection Model.
Section 3701.934 | Specification of Type, Sources, and Methods of Collecting Data.
Section 3701.935 | Collection From Existing Sources.
Section 3701.936 | Provision of Data by State Agencies.
Section 3701.937 | Provision of Data by Other Entities and Individuals.
Section 3701.938 | Duty to Provide Information.
Section 3701.9310 | Confidential Information.
Section 3701.9311 | Information Not Subject to Subpoena or Discovery.
Section 3701.9312 | Standards and Procedures for Accessing Information.
Section 3701.9314 | Adoption of Rules.
Section 3701.94 | Patient Centered Medical Home Program.
Section 3701.941 | Voluntary Patient Centered Medical Home Certification Program.
Section 3701.942 | Reporting Requirements for Certified Patient Centered Medical Homes.
Section 3701.943 | Report to Governor and General Assembly.
Section 3701.951 | Infant Mortality, Preterm Birth and Stillbirth Rates.
Section 3701.953 | Infant Mortality Scorecard.
Section 3701.96 | Fees for Zoonotic Disease Programs.
Section 3701.97 | Stillbirth Data.
Section 3701.98 | Standards, Policies and Procedures.
Section 3701.981 | Completion and Submission of Assessments and Plans.