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§ 7609. Civil immunity for certain physicians

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 45. Confidentiality of HIV-Related Information Act (Refs & Annos)
35 P.S. § 7609
§ 7609. Civil immunity for certain physicians
(a) Permissible disclosure.--Notwithstanding the provisions of section 7,1 a physician may disclose confidential HIV-related information if all of the following conditions are met:
(1) The disclosure is made to a known contact of the subject.
(2) The physician reasonably believes disclosure is medically appropriate, and there is a significant risk of future infection to the contact.
(3) The physician has counseled the subject regarding the need to notify the contact, and the physician reasonably believes the subject will not inform the contact or abstain from sexual or needle-sharing behavior which poses a significant risk of infection to the contact.
(4) The physician has informed the subject of his intent to make such disclosure.
(b) Subject not to be identified.--When making such disclosure to a contact, the physician shall not disclose the identity of the subject or any other contact. Disclosure shall be made in person except where circumstances reasonably prevent doing so.
(c) Duties relating to contacts.--A physician shall have no duty to identify, locate or notify any contact, and no cause of action shall arise for nondisclosure or for disclosure in conformity with this section.
(d) Other immunity.--The physician who certifies that a significant exposure has occurred as provided by section 62 shall not be subject to civil liability for the exposure evaluation if acting in the good faith and reasonable belief that the certification was appropriate and consistent with this act.

Credits

1990, Nov. 29, P.L. 585, No. 148, § 9, effective in 90 days.

Footnotes

35 P.S. § 7607.
35 P.S. § 7606.
35 P.S. § 7609, PA ST 35 P.S. § 7609
Current through 2023 Regular Session Act 32. Some statute sections may be more current, see credits for details.
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