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§ 7620.304. Prohibition

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: December 24, 2012

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 45A. HIV-Related Testing for Sex Offenders Act
Chapter 3. HIV-Related Testing
Effective: December 24, 2012
35 P.S. § 7620.304
Formerly cited as PA ST 35 P.S. § 521.11a
§ 7620.304. Prohibition
The following apply to HIV-related testing and any follow-up testing of a defendant conducted pursuant to this act:
(1) The results of HIV-related testing of the defendant may not be used to establish guilt of the defendant.
(2) The results of HIV-related testing may only be disclosed to the following:
(i) The victim.
(ii) The defendant.
(iii) The attorney for the Commonwealth.
(iv) Health care providers treating the victim or the defendant.
(v) The attorney for the defendant.
(vi) The court.
(vii) Any other individual designated by the court.
(3) Notice shall be given to the victim and to the defendant regarding the results of the HIV-related testing of the defendant as soon as is practicable. Counseling regarding HIV and AIDS for the victim and for the defendant shall be provided. In addition, follow-up HIV-related testing for the defendant shall be provided as medically appropriate. Notice of the results of any follow-up HIV-related testing shall be provided to the victim and the defendant as soon as is practicable.
(4) HIV-related testing shall only be performed by licensed health care providers. Except for fulfilling the reporting requirements of the act of April 23, 1956 (1955 P.L. 1510, No. 500),1 known as the Disease Prevention and Control Law of 1955, the results of the HIV-related testing of the defendant and any follow-up tests of the defendant shall be kept confidential.
(5) Licensed health care professionals who conduct testing or perform counseling or other HIV-related and AIDS-related services pursuant to this act shall not be subject to civil liability for acts committed in good faith.
(6) The court may order that the cost of the HIV-related testing and any follow-up testing of the defendant be borne by the Department of Health or the Department of Corrections or by the defendant if the defendant is an adult, as appropriate. However, upon conviction, the court shall order that the cost of the defendant's HIV-related testing and the cost of any follow-up testing be assessed against the defendant if the defendant is an adult. In no event shall the victim pay for HIV-related testing.

Credits

2012, Oct. 25, P.L. 1630, No. 201, § 304, effective in 60 days [Dec. 24, 2012].

Footnotes

35 P.S. § 521.1 et seq.
35 P.S. § 7620.304, PA ST 35 P.S. § 7620.304
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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