Except as provided in paragraph (2) of this section, the Director shall use the records incident to a case of HIV infection or AIDS reported under this subchapter for statistical and public-health purposes only. Identifying information contained in these records shall be disclosed only when essential to safeguard the physical health of others. No person shall otherwise disclose identifying information derived from these records unless:
(1) The person about whom the record pertains gives his or her prior written permission; or
(2) A court finds, upon clear and convincing evidence, after having granted the person reported an opportunity to contest the disclosure, that disclosure:
(A) Is essential to safeguard the physical health of others; or
(B) Would provide evidence probative of guilt or innocence in a criminal prosecution.
1981 Ed., § 6-2805.
Effect of Amendments
D.C. Law 18-273 rewrote the section, which had read as follows: “The provisions of the Preventive Health Services Amendments Act of 1985 (D.C. Law 6-83), pertaining to the confidentiality of medical records and information on persons with AIDS, shall be applicable to this chapter.”
For temporary (90 day) amendment of section, see § 206 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099).
For temporary (90 day) amendment of section, see § 206 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
Delegation of Authority
Delegation of authority pursuant to Law 6-121, see Mayor’s Order 86-171, September 30, 1986.
Delegation of authority pursuant to D.C. Law 6-121, the “AIDS Health-Care Response Act of 1986”, see Mayor’s Order 2000-55, March 29, 2000 ( 47 DCR 4735).