Bernard Gilliard State DIS Consultant gilliab@dhec.sc.gov (803) 898-0452 . She must Twenty-four states require persons who are aware that they have HIV to disclose their status to sexual partners and 14 states require disclosure to needle-sharing partners. PARTNER NOTIFICATION REQUIRED: In some states, those who are HIV-positive must disclose their HIV status to sexual partners or needle-sharing partners, and individuals who fail to do so may face legal repercussions. For example, some states have a safe harbor only for data that is encrypted, whereas other states may have a safe harbor for data that is encrypted or public. The manner in which an entity provides actual or substitute notification (e.g., via email, U.S. Mail, etc.). 1982 First AIDS case reported in King County by name.Washington made AIDS reportable by emergency rule in 1984. New York State's HIV Reporting and Partner Notification (HIVRPN) Law New York State (NYS) has long been the center of the AIDS epidemic in the United States, continuing to lead the nation in the number of AIDS cases and second only to the District of Columbia in the rate of AIDS cases, with over 160,000 cases diagnosed through 2003. Code 1975 §22-11A … At least 14 states require an HIV-positive person to disclose their status with anyone they share a needle with, such as during intravenous drug use. awareness of states’ reporting laws among ... tunity to assess the effect of the law, includ-ing the partner notification and intimate partner violence screening requirements, on If you are diagnosed with an STD, it's important to tell your partners to get checked so that you don't get re-infected. Possible exposure of emergency workers to airborne or bloodborne diseases - Testing. 2014 Florida Statutes. Some states have no limit to the number of partners that can receive EPT for a given index patient. ; Communication Tool Start a convo about sexual health with a parent, partner or others. § 146.81(1) and is required to comply with state laws regarding confidentiality of patient healthcare records. These laws most often apply to 1).A number of states have passed multiple laws with HIV-specific criminal content (including amendments to previous statutes that … Counseling: A partner-notification law which requires healthcare providers to inform any, known, HIV positive person’s sex or needle-sharing partner(s). I am going to school, have been unemployed since returning from Iraq in 2008, and canno … read more According to the U.S. Centers for Disease Control and Prevention (CDC), 26 states have laws that criminalize HIV exposure in 2018. Patient-Authorized Disclosures A patient may authorize a disclosure of his/her medical records. AIDS Centers of Excellence established - Committee membership - Terms - Compensation and reimbursement. For example, men who have sex with men, among whom HIV is more prevalent than in other groups, appear to also have more anonymous partners, making partner notification much more difficult. If you have HIV and would like help in notifying sex and/or needle-sharing partners of their possible exposure to HIV, you can contact Vipul Shukla, HIV Partner Services Coordinator, at 608-266-3031. notification of sexual and needle-sharing partners of their potential exposure to HIV when a patient refuses to notify them on his or her own.2 Despite the importance of preventing the spread of HIV, the need for personal privacy protections imposes limitations on these state partner-notification laws. Expedited Partners Therapy (pp. In addition, federal law requires that states receiving Ryan White funds show “good faith efforts” to notify spouses of persons infected with HIV. Texas Department of State Health Services Texas law (Texas Health and Safety Code § 81.090) requires physicians or others permitted by law to attend a woman during pregnancy or at delivery to test her for syphilis, Human Immunodeficiency Virus (HIV), and hepatitis B virus (HBV). DSHS HIV/STD Program. Minors’ autonomous consent to HIV and/or STD services. Partner Services Program (PSP) Information about Partner Services provided by the Massachusetts Department of Public Health. HIV criminalization laws vary by state – review your specific state laws at hivlawandpolicy.org. Injury Reporting Laws. IV. Approximately 5,800 AIDS cases have already been … These laws, and the penalties imposed by them, differ significantly among states. • A review of various states’ HIV criminalization laws, including, for example: o Arkansas Code § 5-14-123 o 720 ILCS 5/12-5.01 o Ga. Code § 16-5-60 . The Partner Services Program offers people who have been diagnosed with HIV or an STD free medical, prevention, and other services, including help with partner notification. 45-46) In some states, if you are HIV-positive and don’t tell your partner(s), you can be charged with a crime. If you have HIV and would like help in notifying sex and/or needle-sharing partners of their possible exposure to HIV, you can contact Vipul Shukla, HIV Partner Services Coordinator, at 608-266-3031. INTRODUCTION The Centers for Disease Control (CDC) estimates that up to 280,000 people in the United States are unaware that they have human immunodeficiency virus (HIV). The long asymptomatic phase of the pathogen can make it difficult to gauge how far back in time to identify partners to be notified. Thirty-four states including Missouri and Ohio have HIV-specific assault laws, according to the New York-based Center for HIV Law and Policy. The program helps HIV positive people in notifying their sexual and/or needle sharing partners of possible exposure to HIV. In accordance with Title 42 of the U.S. Code 42 USC 300ff-27a Spousal Notification, a spouse is defined as any person who is the marriage partner of an HIV-infected patient, or who has been the marriage partner of that client at any time within the 10-year period prior to the diagnosis of HIV infection. The possibility that HIV-infected women may experience domestic violence the progress of partner notification and referrals for HIV testing due to concerns about confidentiality, stigma and social harm. Under the law, identifying information about people with HIV infection is ONLY to be used to help the Health Department track the epidemic and for partner notification. The maximum sentence length for violating an HIV-specific statute is also a matter of state law. Post Office Box 149347, MC 1873 Austin, Texas 78714 Phone: 737-255-4300. Additionally, 25 states have also used general criminal laws to prosecute people living with HIV. Stay Informed. — The Legislature finds and declares that sexually transmissible diseases constitute a serious and sometimes fatal threat to the public and individual health and welfare of the people of the state and to visitors to the state. WHY STATE PARTNER NOTIFICATION LAWS ARE INEFFECTIVE IN CONTROLLING THE PROLIFERATION OF HIV. However, the CDC currently recommends that all partner services, including partner notification, should be "voluntary and non-coercive" for both the individual initially diagnosed with the STD and their sexual partners. On March 21, 2018, South Dakota Governor Daugaard signed S.B. Other state and federal laws address the security of health care data, financial or credit information, social security numbers or other specific types of data. Some Push To Change State Laws That Require HIV Disclosure To Sexual Partners In more than 30 states, it is illegal for someone with HIV to have … The defendant must act purposely or knowingly. Federal and state laws also prohibit discrimination against persons with HIV with regards to employment. Forty-five states have laws against HIV-positive persons not disclosing their status during sex, acts of prostitution, needle exchanges or when donating organs, blood or semen. Clinic Finder Find HIV/STD testing locations and health centers near you. ... under Minnesota state law. reporting and research, and information pertaining to partner counseling and referral services (formerly known as partner notification) under section 5114a, that are associated with the serious communicable diseases or infections of HIV and AIDS. Partner notification ARS § 36-664 Provider may disclose patient Specific laws vary state-by-state. Currently, there are 33 states that have one or more HIV-specific criminal laws. HIV testing. In addition to the laws listed here, at least 24 states also have data security laws that apply to private entities. Although the ultimate goal of partner notification laws is commendable-informing potentially unaware individuals that they may be at risk and urging them to get tested. Understanding the 6. Code 1975 §22-8-5 external icon. ; Make a Difference Get informed and learn how you can take action on sexual health issues. Despite the change, as of 1998, several states in the US have laws that codify involuntary or coercive partner notification. In Michigan and Indiana, individuals who test positive for HIV are legally obligated to notify past sexual contacts. 1987 Washington required reporting of symptomatic HIV (B1/B2) cases by name. Many states have laws that require you to tell your sexual partners if you're HIV-positive before you have sex (anal, vaginal, or oral) or tell your drug-using partners before you share drugs or needles to inject drugs. On July 7, 1998, the New York State Senate enacted a name re-porting and partner notification law that amended Article 21 of the HIV Reporting and Partner Notification In June of 1998, the New York State Legislature passed and Governor Pataki signed Chapter 163 of the Laws of 1998. Service providers who want to refer their clients for Partner Services are encouraged to access services in this same manner. State does not have this law: Wyoming: State has this law: Totals: 8 states, 0 territories: 18 states, 1 territory: 5 states, 1 territory: 19 states, 3 territories + D.C. Data current as of 07/29/2021 This map is powered by. HIV Partner Services is a free service offered through local health departments. State laws that cover the confidentiality of HIV test results include Texas Health and Safety Code Sections 81.046, 81.103, and 81.106(b). Abstract. Many states have laws about informing contacts of their HIV exposure, and some health departments require that if a patient refuses to report a partner who may have been exposed, the clinician must report to the health department any partner of whom the clinician is aware [12]. 68-10-118. In recent years, however, technology has created new avenues for PN, including dedicated websites, internet forums, blogs, … In response to this new law, NYSDOH, in conjunction with other state … Eleven of the 24 countries that responded to the specific questionnaire reported the existence of laws or regulations that make partner notification compulsory for the healthcare provider, the patient or both. Forty-five states have laws against HIV-positive persons not disclosing their status during sex, acts of prostitution, needle exchanges or when donating organs, blood or semen. United States: includes a department, bureau, or other agency of the United States of America. The program helps HIV positive people in notifying their sexual and/or needle sharing partners of possible exposure to HIV. (c) The person ordering the test or that person’s designee shall ensure that all reasonable efforts are made to notify the test subject of his or her test result. — As used in this section: (a) “HIV test” means a test ordered after July 6, 1988, to determine the presence of the antibody or antigen to human immunodeficiency virus or the presence of human immunodeficiency virus infection. State HIV Laws. The law states that the name of the reported individual can only be used for the purposes of the law, i.e., surveillance and partner notification. But in most, the laws do not specifically require local health departments to notify partners, as in New York. Many states have partner notification laws (i.e., if the patient tests positive, either they or the physician are legally obligated to inform their partner). Partner notification has emerged as an important strategy in the fight against acquired immunodeficiency syndrome (AIDS), and states have now adopted a plethora of laws that encourage or mandate notification, often without the patient's consent. Some states have no limit to the number of partners that can receive EPT for a given index patient. Ala.Code 1975 § 22-11A-21 external icon. Ann. 68-10-117. Be the first to know about new … The manner in which an entity provides actual or substitute notification (e.g., via email, U.S. Mail, etc.). As of July 2018, Alabama will be the last state without a data breach …. Although partner notification is done by public health professionals in most areas, individuals with STDs are usually also urged to speak to their partners themselves. HIV Partner Services are always voluntary, client-centered, and confidential for both the person living with HIV and their partner (s). Suggested citation: European Centre for Disease Prevention and Control. Public health benefits of partner notification for sexually transmitted infections and HIV. Stockholm: ECDC; 2013. Stockholm, June 2013 Thanks to California Senate Bill 329, as of January 1, 2017, it is no longer a felony for people who are HIV-positive to have unprotected sex and not disclose their status. By 1995, nearly two-thirds of all laws had been enacted; by 2000, 85 % of laws had been enacted; and since 2000, an additional 10 laws have been enacted. Many partner-notification laws require that current and former sexual partners of individuals newly diagnosed with HIV be informed of their potential exposure to the disease. STD/HIV Partner Services Program The Partner Services Program offers people who have been diagnosed with HIV or an STD free medical, prevention, and other services, including help with partner notification. HIV-Specific Criminal Laws, State Guidelines for Health Care Workers with HIV, Youth Access to STI and HIV Testing and Treatment, HIV Testing. Exposure of law enforcement officer to hepatitis B or HIV virus - Testing of suspects. Massachusetts is now the 39th state to enact a personal data breach notification law. In 21 states, laws require people with HIV who are aware of their status to disclose their status to sex partners, and 12 states require disclosure to needle-sharing partners. § 2C:2-2.) This legislation addresses measures related to HIV reporting and HIV partner notification. At least 33 states have enacted HIV/AIDS-specific PN laws, and many others have communicable disease laws that apply to HIV 30 (Ann Dietrich, personal communication, February 2002). For example, a defendant who had unprotected intercourse in order to expose a partner to syphilis has acted purposely. PARTNER NOTIFICATION (PN) has been a cornerstone of STD control efforts in the United States since the 1940s, when Surgeon General Thomas Parran promoted the practice as a syphilis case-finding tool. Code 1975 §22-11A-52 external icon. ; Sex in the States Know your rights to sex ed, birth control and more from coast to coast. States and localities are already required to have partner notification programs as a condition of receiving funds from the Centers for Disease Control for HIV prevention and Control. Partner notification has emerged as an important strategy in the fight against acquired immunodeficiency syndrome (AIDS), and states have now adopted a plethora of laws that encourage or mandate notification, often without the patient's consent. Many states and some cities have partner-notification laws—meaning that, if you test positive for HIV, you (or your healthcare provider) may be legally obligated to tell your sex or needle-sharing partner(s). (1) DEFINITIONS. New York has had reporting of AIDS cases for over 15 years without such measures being implemented. The Center for HIV Law and Policy reports that, as of last July, 28 states had HIV-specific criminal laws and eight states had applicable sentencing enhancements. • No mention of timing of contact, who has the primary ... • 34 states have criminal laws that punish people for exposing another person to HIV (whether or not HIV transmission occurs or if condoms were used) – includes New York State’s HIV Reporting and Partner Notification (HIVRPN) law became effective June 1, 2000. (N.J. Stat. See Texas Government Code 311.005 (c) If a person with HIV infection voluntarily discloses the name of a partner, that information is confidential. This Carrie Gene Pottker-Fishel, R.N.! States and localities are already required to have partner notification programs as a condition of receiving funds from the Centers for Disease Control for HIV prevention and Control. To learn about the laws surrounding transmitting an STD in your state, jump ahead to the section on state by state laws for transmitting an STD . As technology improves, new tools for partner notification are constantly being developed. Three dozen U.S. states and territories have laws criminalizing HIV in one form or another, according to the SERO Project. Partner notification law varies from state to state and disease by disease. The Compendium of State HIV Testing Laws describes key state HIV testing laws and policies. If you have any questions and want to talk to a health educator at the Rhode Island Department of Health, you can call our RIghtTime notification hotline at 401-536-4342 (Monday-Friday from 9 a.m.-4 p.m.) 62, enacting the state’s first data breach notification law, which will go into effect July 1, 2018. Partner Notification Required (17) The Center for HIV Law and Policy. 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Receive EPT for a given index patient purposes and referral what states have partner notification laws social and health Centers near.! Purchase of housing, SARS, and concerns over pandemic flu outbreaks from contaminated produce and foods... Enforced, and other care providers should also be permitted or required to disclose their status their. Patient may authorize a disclosure of his/her medical records say they deter from. Massachusetts Department of Public health benefits of partner notification Exception Public Health-Related...! By emergency rule in 1984 be the last state without a data breach notification law is a healthcare... ” as defined in Wis. Stats disease you could be prosecuted for.! 1999 Name-to-code reporting system implemented September 1 for asymptomatic HIV infection.Names are removed within 90...., Alabama will be the first to Know about new … Federal law discrimination. An entity provides actual or substitute notification ( e.g., via email, U.S. Mail, etc..... S ) sex ed, birth Control and more from coast to coast understand the nature consequences..., Texas 78714 Phone: 737-255-4300 enact a personal data breach notification sex and needle-sharing partner… en Español by! Or coercive partner notification is covered under Texas health and Safety code 81.051! Provides actual or substitute notification ( e.g., via email, U.S. Mail, etc. ) reported King... Vary by state – review your specific state laws at hivlawandpolicy.org Senate Bill ( SB ) 239 came law. Law enforcement officer to hepatitis B or HIV virus - testing of suspects years without such being... Retaliation and longer-term abuse pharmacist is a “ healthcare provider ” as defined in Wis. Stats, which go... Pharmacist is a “ healthcare provider ” as defined in Wis. Stats ) positive HIV results to the York-based... 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People act purposely when they have a particular goal and knowingly when they understand the nature and consequences of their actions. Given the importance of national policies in moving partner notification programmes forward, this report sought to assess national HTS policies for partner notification globally. Partner Notification Exception Public Health-Related Disclosures ... State laws, however, carve out exceptions to this general rule. 1999 Name-to-code reporting system implemented September 1 for asymptomatic HIV infection.Names are removed within 90 days. Prior to 2018, HIV was the only disease you could be prosecuted for transmitting. partner-notification laws. 410 ILCS 325/5.5 is a portion of the Illinois state law (Illinois Sexually Transmissible Disease Control Act) that pertains to partner notification of HIV infection. Traditionally, in-person conversations, telephone calls, and mailed correspondence have been the main approaches to partner notification. Rationale and Description . Some health departments require healthcare providers to report the name of your sex and needle-sharing partner… Supporters of these laws say they deter people from spreading the virus and set a standard for disclosure and precautions in an ongoing epidemic. 'o On January 1, 2018, Senate Bill (SB) 239 came into law, scoring a huge win for HIV activists. Phone: 212-430-6733 Fax: 212-430-6734. HIV/STD criminalization. ... of partners contacted will be kept confidential.21 After referring partners to appropriate care, Requirements for … Things have now changed. state law table. In the past, the CDC has recommended that physicians and health departments should inform the sexual partners of people known to be infected with HIV of their risk for contracting the disease when the diagnosed individual refused to do so. On August 2, Governor Deval Patrick signed the law, requiring that businesses and government agencies notify residents of data breaches in certain situations. For example, some states have a safe harbor only for data that is encrypted, whereas other states may have a safe harbor for data that is encrypted or public. The new California law SB 329 also automatically vacated prior convictions related to: Non-disclosure of HIV status (former Penal Code 647f), and/or. The analysis had two aims: 1. If you feel that you have been discriminated against, you may contact AIDSLaw of Louisiana, Inc. at: Below is a summary each state’s laws. 12. Other reporting: partner notification. Bernard Gilliard State DIS Consultant gilliab@dhec.sc.gov (803) 898-0452 . She must Twenty-four states require persons who are aware that they have HIV to disclose their status to sexual partners and 14 states require disclosure to needle-sharing partners. PARTNER NOTIFICATION REQUIRED: In some states, those who are HIV-positive must disclose their HIV status to sexual partners or needle-sharing partners, and individuals who fail to do so may face legal repercussions. For example, some states have a safe harbor only for data that is encrypted, whereas other states may have a safe harbor for data that is encrypted or public. The manner in which an entity provides actual or substitute notification (e.g., via email, U.S. Mail, etc.). 1982 First AIDS case reported in King County by name.Washington made AIDS reportable by emergency rule in 1984. New York State's HIV Reporting and Partner Notification (HIVRPN) Law New York State (NYS) has long been the center of the AIDS epidemic in the United States, continuing to lead the nation in the number of AIDS cases and second only to the District of Columbia in the rate of AIDS cases, with over 160,000 cases diagnosed through 2003. Code 1975 §22-11A … At least 14 states require an HIV-positive person to disclose their status with anyone they share a needle with, such as during intravenous drug use. awareness of states’ reporting laws among ... tunity to assess the effect of the law, includ-ing the partner notification and intimate partner violence screening requirements, on If you are diagnosed with an STD, it's important to tell your partners to get checked so that you don't get re-infected. Possible exposure of emergency workers to airborne or bloodborne diseases - Testing. 2014 Florida Statutes. Some states have no limit to the number of partners that can receive EPT for a given index patient. ; Communication Tool Start a convo about sexual health with a parent, partner or others. § 146.81(1) and is required to comply with state laws regarding confidentiality of patient healthcare records. These laws most often apply to 1).A number of states have passed multiple laws with HIV-specific criminal content (including amendments to previous statutes that … Counseling: A partner-notification law which requires healthcare providers to inform any, known, HIV positive person’s sex or needle-sharing partner(s). I am going to school, have been unemployed since returning from Iraq in 2008, and canno … read more According to the U.S. Centers for Disease Control and Prevention (CDC), 26 states have laws that criminalize HIV exposure in 2018. Patient-Authorized Disclosures A patient may authorize a disclosure of his/her medical records. AIDS Centers of Excellence established - Committee membership - Terms - Compensation and reimbursement. For example, men who have sex with men, among whom HIV is more prevalent than in other groups, appear to also have more anonymous partners, making partner notification much more difficult. If you have HIV and would like help in notifying sex and/or needle-sharing partners of their possible exposure to HIV, you can contact Vipul Shukla, HIV Partner Services Coordinator, at 608-266-3031. notification of sexual and needle-sharing partners of their potential exposure to HIV when a patient refuses to notify them on his or her own.2 Despite the importance of preventing the spread of HIV, the need for personal privacy protections imposes limitations on these state partner-notification laws. Expedited Partners Therapy (pp. In addition, federal law requires that states receiving Ryan White funds show “good faith efforts” to notify spouses of persons infected with HIV. Texas Department of State Health Services Texas law (Texas Health and Safety Code § 81.090) requires physicians or others permitted by law to attend a woman during pregnancy or at delivery to test her for syphilis, Human Immunodeficiency Virus (HIV), and hepatitis B virus (HBV). DSHS HIV/STD Program. Minors’ autonomous consent to HIV and/or STD services. Partner Services Program (PSP) Information about Partner Services provided by the Massachusetts Department of Public Health. HIV criminalization laws vary by state – review your specific state laws at hivlawandpolicy.org. Injury Reporting Laws. IV. Approximately 5,800 AIDS cases have already been … These laws, and the penalties imposed by them, differ significantly among states. • A review of various states’ HIV criminalization laws, including, for example: o Arkansas Code § 5-14-123 o 720 ILCS 5/12-5.01 o Ga. Code § 16-5-60 . The Partner Services Program offers people who have been diagnosed with HIV or an STD free medical, prevention, and other services, including help with partner notification. 45-46) In some states, if you are HIV-positive and don’t tell your partner(s), you can be charged with a crime. If you have HIV and would like help in notifying sex and/or needle-sharing partners of their possible exposure to HIV, you can contact Vipul Shukla, HIV Partner Services Coordinator, at 608-266-3031. INTRODUCTION The Centers for Disease Control (CDC) estimates that up to 280,000 people in the United States are unaware that they have human immunodeficiency virus (HIV). The long asymptomatic phase of the pathogen can make it difficult to gauge how far back in time to identify partners to be notified. Thirty-four states including Missouri and Ohio have HIV-specific assault laws, according to the New York-based Center for HIV Law and Policy. The program helps HIV positive people in notifying their sexual and/or needle sharing partners of possible exposure to HIV. In accordance with Title 42 of the U.S. Code 42 USC 300ff-27a Spousal Notification, a spouse is defined as any person who is the marriage partner of an HIV-infected patient, or who has been the marriage partner of that client at any time within the 10-year period prior to the diagnosis of HIV infection. The possibility that HIV-infected women may experience domestic violence the progress of partner notification and referrals for HIV testing due to concerns about confidentiality, stigma and social harm. Under the law, identifying information about people with HIV infection is ONLY to be used to help the Health Department track the epidemic and for partner notification. The maximum sentence length for violating an HIV-specific statute is also a matter of state law. Post Office Box 149347, MC 1873 Austin, Texas 78714 Phone: 737-255-4300. Additionally, 25 states have also used general criminal laws to prosecute people living with HIV. Stay Informed. — The Legislature finds and declares that sexually transmissible diseases constitute a serious and sometimes fatal threat to the public and individual health and welfare of the people of the state and to visitors to the state. WHY STATE PARTNER NOTIFICATION LAWS ARE INEFFECTIVE IN CONTROLLING THE PROLIFERATION OF HIV. However, the CDC currently recommends that all partner services, including partner notification, should be "voluntary and non-coercive" for both the individual initially diagnosed with the STD and their sexual partners. On March 21, 2018, South Dakota Governor Daugaard signed S.B. Other state and federal laws address the security of health care data, financial or credit information, social security numbers or other specific types of data. Some Push To Change State Laws That Require HIV Disclosure To Sexual Partners In more than 30 states, it is illegal for someone with HIV to have … The defendant must act purposely or knowingly. Federal and state laws also prohibit discrimination against persons with HIV with regards to employment. Forty-five states have laws against HIV-positive persons not disclosing their status during sex, acts of prostitution, needle exchanges or when donating organs, blood or semen. Clinic Finder Find HIV/STD testing locations and health centers near you. ... under Minnesota state law. reporting and research, and information pertaining to partner counseling and referral services (formerly known as partner notification) under section 5114a, that are associated with the serious communicable diseases or infections of HIV and AIDS. Partner notification ARS § 36-664 Provider may disclose patient Specific laws vary state-by-state. Currently, there are 33 states that have one or more HIV-specific criminal laws. HIV testing. In addition to the laws listed here, at least 24 states also have data security laws that apply to private entities. Although the ultimate goal of partner notification laws is commendable-informing potentially unaware individuals that they may be at risk and urging them to get tested. Understanding the 6. Code 1975 §22-8-5 external icon. ; Make a Difference Get informed and learn how you can take action on sexual health issues. Despite the change, as of 1998, several states in the US have laws that codify involuntary or coercive partner notification. In Michigan and Indiana, individuals who test positive for HIV are legally obligated to notify past sexual contacts. 1987 Washington required reporting of symptomatic HIV (B1/B2) cases by name. Many states have laws that require you to tell your sexual partners if you're HIV-positive before you have sex (anal, vaginal, or oral) or tell your drug-using partners before you share drugs or needles to inject drugs. On July 7, 1998, the New York State Senate enacted a name re-porting and partner notification law that amended Article 21 of the HIV Reporting and Partner Notification In June of 1998, the New York State Legislature passed and Governor Pataki signed Chapter 163 of the Laws of 1998. Service providers who want to refer their clients for Partner Services are encouraged to access services in this same manner. State does not have this law: Wyoming: State has this law: Totals: 8 states, 0 territories: 18 states, 1 territory: 5 states, 1 territory: 19 states, 3 territories + D.C. Data current as of 07/29/2021 This map is powered by. HIV Partner Services is a free service offered through local health departments. State laws that cover the confidentiality of HIV test results include Texas Health and Safety Code Sections 81.046, 81.103, and 81.106(b). Abstract. Many states have laws about informing contacts of their HIV exposure, and some health departments require that if a patient refuses to report a partner who may have been exposed, the clinician must report to the health department any partner of whom the clinician is aware [12]. 68-10-118. In recent years, however, technology has created new avenues for PN, including dedicated websites, internet forums, blogs, … In response to this new law, NYSDOH, in conjunction with other state … Eleven of the 24 countries that responded to the specific questionnaire reported the existence of laws or regulations that make partner notification compulsory for the healthcare provider, the patient or both. Forty-five states have laws against HIV-positive persons not disclosing their status during sex, acts of prostitution, needle exchanges or when donating organs, blood or semen. United States: includes a department, bureau, or other agency of the United States of America. The program helps HIV positive people in notifying their sexual and/or needle sharing partners of possible exposure to HIV. (c) The person ordering the test or that person’s designee shall ensure that all reasonable efforts are made to notify the test subject of his or her test result. — As used in this section: (a) “HIV test” means a test ordered after July 6, 1988, to determine the presence of the antibody or antigen to human immunodeficiency virus or the presence of human immunodeficiency virus infection. State HIV Laws. The law states that the name of the reported individual can only be used for the purposes of the law, i.e., surveillance and partner notification. But in most, the laws do not specifically require local health departments to notify partners, as in New York. Many states have partner notification laws (i.e., if the patient tests positive, either they or the physician are legally obligated to inform their partner). Partner notification has emerged as an important strategy in the fight against acquired immunodeficiency syndrome (AIDS), and states have now adopted a plethora of laws that encourage or mandate notification, often without the patient's consent. Some states have no limit to the number of partners that can receive EPT for a given index patient. Ala.Code 1975 § 22-11A-21 external icon. Ann. 68-10-117. Be the first to know about new … The manner in which an entity provides actual or substitute notification (e.g., via email, U.S. Mail, etc.). As of July 2018, Alabama will be the last state without a data breach …. Although partner notification is done by public health professionals in most areas, individuals with STDs are usually also urged to speak to their partners themselves. HIV Partner Services are always voluntary, client-centered, and confidential for both the person living with HIV and their partner (s). Suggested citation: European Centre for Disease Prevention and Control. Public health benefits of partner notification for sexually transmitted infections and HIV. Stockholm: ECDC; 2013. Stockholm, June 2013 Thanks to California Senate Bill 329, as of January 1, 2017, it is no longer a felony for people who are HIV-positive to have unprotected sex and not disclose their status. By 1995, nearly two-thirds of all laws had been enacted; by 2000, 85 % of laws had been enacted; and since 2000, an additional 10 laws have been enacted. Many partner-notification laws require that current and former sexual partners of individuals newly diagnosed with HIV be informed of their potential exposure to the disease. STD/HIV Partner Services Program The Partner Services Program offers people who have been diagnosed with HIV or an STD free medical, prevention, and other services, including help with partner notification. HIV-Specific Criminal Laws, State Guidelines for Health Care Workers with HIV, Youth Access to STI and HIV Testing and Treatment, HIV Testing. Exposure of law enforcement officer to hepatitis B or HIV virus - Testing of suspects. Massachusetts is now the 39th state to enact a personal data breach notification law. In 21 states, laws require people with HIV who are aware of their status to disclose their status to sex partners, and 12 states require disclosure to needle-sharing partners. § 2C:2-2.) This legislation addresses measures related to HIV reporting and HIV partner notification. At least 33 states have enacted HIV/AIDS-specific PN laws, and many others have communicable disease laws that apply to HIV 30 (Ann Dietrich, personal communication, February 2002). For example, a defendant who had unprotected intercourse in order to expose a partner to syphilis has acted purposely. PARTNER NOTIFICATION (PN) has been a cornerstone of STD control efforts in the United States since the 1940s, when Surgeon General Thomas Parran promoted the practice as a syphilis case-finding tool. Code 1975 §22-11A-52 external icon. ; Sex in the States Know your rights to sex ed, birth control and more from coast to coast. States and localities are already required to have partner notification programs as a condition of receiving funds from the Centers for Disease Control for HIV prevention and Control. Partner notification has emerged as an important strategy in the fight against acquired immunodeficiency syndrome (AIDS), and states have now adopted a plethora of laws that encourage or mandate notification, often without the patient's consent. Many states and some cities have partner-notification laws—meaning that, if you test positive for HIV, you (or your healthcare provider) may be legally obligated to tell your sex or needle-sharing partner(s). (1) DEFINITIONS. New York has had reporting of AIDS cases for over 15 years without such measures being implemented. The Center for HIV Law and Policy reports that, as of last July, 28 states had HIV-specific criminal laws and eight states had applicable sentencing enhancements. • No mention of timing of contact, who has the primary ... • 34 states have criminal laws that punish people for exposing another person to HIV (whether or not HIV transmission occurs or if condoms were used) – includes New York State’s HIV Reporting and Partner Notification (HIVRPN) law became effective June 1, 2000. (N.J. Stat. See Texas Government Code 311.005 (c) If a person with HIV infection voluntarily discloses the name of a partner, that information is confidential. This Carrie Gene Pottker-Fishel, R.N.! States and localities are already required to have partner notification programs as a condition of receiving funds from the Centers for Disease Control for HIV prevention and Control. To learn about the laws surrounding transmitting an STD in your state, jump ahead to the section on state by state laws for transmitting an STD . As technology improves, new tools for partner notification are constantly being developed. Three dozen U.S. states and territories have laws criminalizing HIV in one form or another, according to the SERO Project. Partner notification law varies from state to state and disease by disease. The Compendium of State HIV Testing Laws describes key state HIV testing laws and policies. If you have any questions and want to talk to a health educator at the Rhode Island Department of Health, you can call our RIghtTime notification hotline at 401-536-4342 (Monday-Friday from 9 a.m.-4 p.m.) 62, enacting the state’s first data breach notification law, which will go into effect July 1, 2018. Partner Notification Required (17) The Center for HIV Law and Policy. 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