TABLE E-1 Legislation by State Regarding Third-Party Notification State Third-Party Disclosure Policy Additional Information Alabama Permissive disclosure* Alaska Direct physician to third party prohibited†

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O’Reilly eAppendix Page 1 of 4

TABLE E-1 Legislation by State Regarding Third-Party Notification State Third-Party Disclosure

Policy

Additional Information

Alabama Permissive disclosure*

Alaska Direct physician to third party prohibited†

Use Department of Health if third- party risk suspected‡

Arizona Direct physician to third party prohibited

Unless under court order, physician may use Department of Health if third- party risk suspected

California Permissive disclosure

Colorado No codified policy Requisite HIV case reporting to Department of Health in place§

Connecticut Direct physician to third party prohibited

Use Department of Health if third- party risk suspected

Permissive disclosure When both parties are under the care of the physician

Washington, DC Direct physician to third party prohibited

Use Department of Health if third- party risk suspected

Delaware Physician may petition court for disclosure

Florida Permissive disclosure Requisite HIV case reporting to Department of Health in place

Georgia Permissive disclosure

Hawaii Direct physician to third party prohibited

Requisite HIV case reporting to Department of Health in place; use Department of Health if third-party risk suspected

Idaho Direct physician to third party prohibited

Illinois Permissive disclosure Disclosure allowed to legal spouse ONLY

Direct physician to third party prohibited

Indiana Permissive disclosure Requisite HIV case reporting to Department of Health in place Iowa Permissive disclosure Requisite HIV case reporting to

Department of Health in place Kansas Permissive disclosure Requisite HIV case reporting to

Department of Health in place;

physician or Department of Health may notify third parties

Kentucky Permissive disclosure Requisite HIV case reporting to

(2)

Department of Health in place

Louisiana Permissive disclosure Court order can be petitioned for report to Department of Health; Department of Health may notify third party at risk Maine Physician may petition

court for disclosure

Physician may report to Department of Health; Department of Health may notify third parties at risk

Maryland Permissive disclosure Requisite HIV case reporting to Department of Health in place Massachusetts Permissive disclosure Requisite HIV case reporting to

Department of Health in place Michigan Affirmative duty to

warn

May notify Department of Health and thereby transfer affirmative duty to warn to the state

Minnesota Direct physician to third party prohibited

Mississippi Direct physician to third party prohibited

Requisite HIV case reporting to Department of Health in place Missouri Permissive disclosure Disclosure allowed to spouse ONLY

Direct physician to third party prohibited

Montana Permissive disclosure Requisite HIV case reporting to Department of Health in place Nebraska No codified policy Requisite HIV case reporting to

Department of Health in place Nevada Direct physician to

third party prohibited

New Hampshire Direct physician to third party prohibited

Physician may report to Department of Health; Department of Health may notify third parties at risk

New Jersey Physician may petition the court

New Mexico Duty to notify

Department of Health

Requisite HIV case reporting to Department of Health in place;

affirmative duty of physician by law to notify Department of Health if third- party risk suspected

New York Permissive disclosure Requisite HIV case reporting to

(3)

Department of Health in place North Carolina Direct physician to

Court order required for release of information; requisite HIV case reporting to Department of Health in place

North Dakota Direct physician to third party prohibited

Use Department of Health if third- party risk suspected; Department of Health designated by law as agent for disclosure

Ohio Permissive disclosure

Oklahoma Physician may petition court for disclosure Oregon Direct physician to

Pennsylvania Permissive disclosure HIV case subject NOT to be identified to third party, unless court order obtained allowing disclosure of the identity of the case subject

Rhode Island Permissive disclosure Requisite HIV case reporting to Department of Health in place South Carolina Permissive disclosure

South Dakota No codified policy

Tennessee Permissive disclosure Requisite HIV case reporting to Department of Health in place;

physicians also required to notify Department of Health of cases of suspected third-party risk

Texas Permissive disclosure Disclosure allowed to spouse only;

requisite HIV case reporting to Department of Health in place Utah Direct physician to

Requisite HIV case reporting to Department of Health in place;

Department of Health partner notification in place

Vermont Direct physician to third party prohibited

Requisite HIV case reporting to Department of Health in place Virginia Permissive disclosure Disclosure allowed to spouse only;

physician may petition the court for disclosure to other parties; requisite HIV case reporting to Department of Health in place

Washington Permissive disclosure West Virginia Permissive disclosure

Wisconsin Permissive disclosure Only if the HIV-positive patient is deceased; requisite HIV case reporting to Department of Health in place

(4)

Wyoming Direct physician to third party prohibited

* Permissive disclosure: State laws allow for a physician to notify a third party suspected to be at high risk of exposure; most have language indicating that this may occur only after the patient refuses or neglects to do so on his or her own accord.

† Direct physician to third party prohibited: State law contains language prohibiting direct physician-to- third-party notification.

‡ Use Department of Health if third party risk suspected: State law contains language directing physician to notify or use State Department of Health if high third-party risk is suspected.

§ Requisite HIV case reporting to Department of Health in place: State public health law requires providers that receive laboratory or testing results of new cases of HIV or AIDS to report to the state.

Exceptions apply in some states where state-affiliated anonymous testing centers are in place.