18.2-346.1 - Testing of convicted prostitutes and injection drug users for infection with human immunodeficiency viruses and hepatitis C; limited disclosure.
§ 18.2-346.1. Testing of convicted prostitutes and injection drug users forinfection with human immunodeficiency viruses and hepatitis C; limiteddisclosure.
A. As soon as practicable following conviction of any person for violation of§ 18.2-346 or 18.2-361, or any violation of Article 1 (§ 18.2-247 et seq.) or1.1 (§ 18.2-265.1 et seq.) of Chapter 7 involving the possession, sale, oruse of a controlled substance in a form amenable to intravenous use; or thepossession, sale, or use of hypodermic syringes, needles, or other objectsdesigned or intended for use in parenterally injecting controlled substancesinto the human body, such person shall be required to submit to testing forinfection with human immunodeficiency viruses and hepatitis C. The convictedperson shall receive counseling from personnel of the Department of Healthconcerning (i) the meaning of the test, (ii) acquired immunodeficiencysyndrome and hepatitis C, and (iii) the transmission and prevention ofinfection with human immunodeficiency viruses and hepatitis C.
B. Tests for human immunodeficiency viruses shall be conducted to confirm anyinitial positive test results before any test result shall be determined tobe positive for infection. The results of such test shall be confidential asprovided in § 32.1-36.1 and shall be disclosed to the person who is thesubject of the test and to the Department of Health as required by § 32.1-36.The Department shall conduct surveillance and investigation in accordancewith the requirements of § 32.1-39.
C. Upon receiving a report of a positive test for hepatitis C, the StateHealth Commissioner may share protected health information relating to suchpositive test with relevant sheriffs' offices, the state police, local policedepartments, adult or youth correctional facilities, salaried or volunteerfirefighters, paramedics or emergency medical technicians, officers of thecourt, and regional or local jails (i) to the extent necessary to adviseexposed individuals of the risk of infection and to enable exposedindividuals to seek appropriate testing and treatment, and (ii) as may beneeded to prevent and control disease and is deemed necessary to preventserious harm and serious threats to the health and safety of individuals andthe public.
The disclosed protected health information shall be held confidential; noperson to whom such information is disclosed shall redisclose or otherwisereveal the protected health information without first obtaining the specificauthorization from the individual who was the subject of the test for suchredisclosure.
Such protected health information shall only be used to protect the healthand safety of individuals and the public in conformance with the regulationsconcerning patient privacy promulgated by the federal Department of Healthand Human Services, as such regulations may be amended.
D. The results of the tests shall not be admissible in any criminalproceeding related to prostitution or drug use.
The cost of the tests shall be paid by the Commonwealth and taxed as part ofthe cost of such criminal proceedings.
(1990, c. 913; 2005, c. 438.)