AIDS/HIV and
AIDS-Related
Condition
"No state agency...political subdivision, agency of local government, or private nonprofit
corporation receiving state or local government funds shall refuse to admit as a patient,
or to provide services to, any individual solely because he refuses to consent to an HIV
test or to disclose HIV test results...This section does not prevent a physician or a person
licensed to practice dentistry...from referring an individual he has reason to believe may
have AIDS or an AIDS related condition to an appropriate health care provider or facility,
if the referral is based on reasonable professional judgment and not solely on grounds of
the refusal of the individual to consent to an HIV test or to disclose the result of
an HIV test." ORC
§ 3701.245
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 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.
Disclosure may not be requested 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. ORC
§ 3701.243 (B)
Persons designated by the Public Health Council shall report promptly every case of AIDS,
every AIDS- related condition, and every confirmed positive HIV test to the Department of
Health. In each county, the Director
of Health shall designate the Health Commissioner to receive the reports. ORC
§ 3701.24 (C)
"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." ORC
§ 3701.243 (C)
"No person with knowledge that an individual other than himself has or may have AIDS, an
AIDS -related condition, or a positive HIV test shall be held liable for failing to disclose
that information to any person unless disclosure is expressly required by law."
ORC
§ 3701.244 (H)
INFORMED CONSENT, COUNSELING
An HIV test shall be performed only if, prior to the test, informed consent is obtained either
by the person or agency ordering the test or by the person or agency performing the test.
Consent may be given orally or in writing after the individual to be tested has been given
the following information:
- an oral or written explanation of the HIV test, including the purposes and limitations
of the test and the meaning of its results;
- an oral explanation that the test is voluntary, that consent to be tested may be
withdrawn at any time before leaving the premises where the sample is collected, and that
the test will be run anonymously if the individual being tested requests it;
- an oral or written explanation about behaviors known to pose risks for the transmission
of the HIV infection. ORC
§ 3701.242 (A)
If the requirements of the above informed consent section are met, then the consent
to be
tested "shall be presumed to be valid and effective, and no evidence is admissible in a
civil action to impeach, modify, or limit the consent." ORC
§ 3701.242 (F)
Any individual seeking an HIV test shall have the right, on request, to an anonymous
test. ORC
§ 3701.242 (D)
"The person or government agency ordering an HIV test shall provide counseling for the
individual who was tested at the time he is told the result of the test or informed of a
diagnosis of AIDS or of an AIDS -related condition. If the test was performed on the order
of the individual tested, the person or government agency that performed the test shall
provide counseling. The individual shall be given an oral or written explanation of the
nature of AIDS and AIDS -related conditions and diseases and a list of resources for further
counseling or support. When necessary, the individual shall be referred for further counseling
to help him cope with the emotional consequences of learning the test result." ORC
§ 3701.242 (C)
The requirements to obtain informed consent for HIV testing, to give counseling and to
allow for anonymous testing do not apply when the test is performed:
- in a medical emergency by a nurse or physician and the test results are medically
necessary to avoid or minimize an immediate danger to the health or safety of the individual
to be tested or another individual, except that counseling shall be given to the individual as
soon as possible after the emergency is over;
- for the purpose of research;
- on a deceased person, if the test is medically necessary to ensure that the body part is
acceptable for its intended use;
- in a penal institution at the direction of the head of the institution for good cause;
- by or on the order of a physician who, in the exercise of his or her
professional judgment, determines the test to be necessary for providing
diagnosis and treatment to the individual to be tested, if the individual or
his or her parent or guardian has given consent to the physician for medical
treatment;
- on an individual after the infection control committee of a health care
facility determines that a health care provider, emergency medical services
worker, or peace officer, while rendering health or emergency care to an
individual, has sustained a significant exposure to the body fluids of that
individual, and the individual has refused to give consent for testing. ORC
§ 3701.242 (E)
For purposes of this section, "significant exposure to body fluids" means a percutaneous
or mucous membrane exposure of an individual to the blood, semen, vaginal secretions, or spinal,
synovial, pleural, peritoneal, pericardial, or amniotic fluid of another individual.
ORC
§ 3701.24 (A)
Consent and the option for anonymous testing are not required when the
HIV test is ordered by a court in connection with a criminal investigation. ORC
§ 3701.242 (G)
DISCLOSURE OF AIDS INFORMATION
Results of HIV testing or a diagnosis of AIDS or an AIDS -related condition
may be released only to the following:
- the individual who was tested, his or her legal guardian, his or her spouse or any
sexual partner;
- a person to whom disclosure is authorized by a written release executed by the
individual being tested or his legal guardian;
- the individual's physician;
- the Ohio Department of Health under the mandatory reporting of infectious disease
statutes;
- a health care facility or provider that needs medical information about a deceased
individual to ensure that a body part is medically acceptable for use;
- health care facility staff committees or accreditation or oversight review organizations
conducting program monitoring, program evaluation or service reviews;
- a health care provider, emergency medical services worker, or peace officer who
sustained a significant exposure to the body fluids of another individual, if the test is
performed after determination by the infection control committee of the health care facility
that a significant exposure has occurred. The identity of the individual tested shall not be
released;
- to law enforcement authorities pursuant to a search warrant or subpoena issued in
connection with a criminal investigation. ORC
§ 3701.243
An emergency care worker who believes he has suffered significant exposure to the body
fluids of an individual or to a contagious or infectious disease through contact with a
patient, may submit a written request to the health care facility or coroner that received
the patient asking for notification of the results of any test performed on the patient
to determine the presence of a contagious or infectious disease. The health care facility
or coroner shall give oral notification of the presence of a contagious or infectious
disease within two days of making the determination. The infection control committee of
the health care facility shall also be notified. Written notification shall follow within
three days. Notification shall not include the name of the patient. If the results are
positive, notification shall include the name of the disease, its signs and symptoms, the
date of exposure, the incubation period, the mode of transmission of the disease, the medical
precautions necessary to prevent transmission, and the appropriate prophylaxis, treatment,
and counseling for the disease. ORC
§ 3701.248
Any person or government agency may seek access to or authority to disclose the HIV
test records of an individual by bringing an action in a court of common pleas requesting disclosure or authority to disclose the HIV test results. The court may issue an order granting access to or authority to disclose the test results only if the court finds by clear and convincing evidence that there is 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."
ORC
§ 3701.243 (C)
COURT-ORDERED HIV TESTING
A person who believes he or she may have been exposed to HIV infection while rendering
health or emergency care to another person, or a peace officer who believes he may have
been exposed in the performance of his or her duties, may apply to a probate court for an
order compelling the other person to undergo HIV testing. An affidavit must accompany the
complaint stating:
- the plaintiff sustained a significant exposure to body fluids of the defendant;
- there is reason to believe the defendant may have an HIV infection;
- the defendant has refused to be tested for the HIV virus;
- within seven days of exposure the plaintiff took an HIV test.
The court may order the defendant to undergo HIV testing if it finds by clear and
convincing evidence that the plaintiff has proved the matters attested to in the affidavit,
he or she has demonstrated that there is a compelling need for the results of the test, and
there is no other means to accommodate
the need. ORC
§ 3701.247
If a person is charged with rape, sexual battery, or the corruption of a minor, the
court shall cause the accused to be examined by a physician who shall order one or more
tests to determine if the accused is a carrier of a virus that causes AIDS. The results
of the test shall be communicated in confidence to the court, and the court shall inform
the accused of the result. The court shall inform the victim that the test was performed
and that the victim has the right to receive the results on request. If the result is
negative, and the charge has not been dismissed or if the defendant has been convicted,
the court shall order that the HIV test be repeated not earlier than three months nor
later than six months after the original test. ORC
§ 2907.27
AIDS/HIV and AIDS-Related Condition
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