{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-36.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-36.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-36.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-36.1.html"}],"law_id":54576,"edition_id":1,"section_id":54576,"structure_id":13608,"section_number":"32.1-36.1","catch_line":"Confidentiality of test for human immunodeficiency virus; civil penalty; individual action for damages or penalty","history":"1989, c. 613; 1990, c. 777; 1993, cc. 97, 664; 2017, c. 178.","full_text":"A\n\nThe results of every test to determine infection with human immunodeficiency virus shall be confidential. Such information may be released only to persons or entities permitted or authorized to obtain protected health information under any applicable federal or state law.B\n\nIn any action brought under this section, if the court finds that a person has willfully or through gross negligence made an unauthorized disclosure in violation of this section, the Attorney General, any attorney for the Commonwealth, or any attorney for the county, city or town in which the violation occurred may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $5,000 per violation.C\n\nAny person who is the subject of an unauthorized disclosure pursuant to this section shall be entitled to initiate an action to recover actual damages, if any, or $100, whichever is greater. In addition, such person may also be awarded reasonable attorney’s fees and court costs.D\n\nThis section shall not be deemed to create any duty on the part of any person who receives such test results, where none exists otherwise, to release the results to a person listed herein as authorized to receive them.","order_by":null,"text":{"0":{"id":200408,"text":"The results of every test to determine infection with human immunodeficiency virus shall be confidential. Such information may be released only to persons or entities permitted or authorized to obtain protected health information under any applicable federal or state law.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":200409,"text":"In any action brought under this section, if the court finds that a person has willfully or through gross negligence made an unauthorized disclosure in violation of this section, the Attorney General, any attorney for the Commonwealth, or any attorney for the county, city or town in which the violation occurred may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $5,000 per violation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":200410,"text":"Any person who is the subject of an unauthorized disclosure pursuant to this section shall be entitled to initiate an action to recover actual damages, if any, or $100, whichever is greater. In addition, such person may also be awarded reasonable attorney’s fees and court costs.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":200411,"text":"This section shall not be deemed to create any duty on the part of any person who receives such test results, where none exists otherwise, to release the results to a person listed herein as authorized to receive them.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13608,"edition_id":1,"name":"Reporting of Diseases","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13607,"metadata":{},"date_created":"2026-06-26 03:45:22","date_modified":"2026-06-26 03:45:22","permalink":{"id":201745,"object_type":"structure","relational_id":13608,"identifier":"1","token":"32.1\/2\/1","url":"\/32.1\/2\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13607,"edition_id":1,"name":"Disease Prevention and Control","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:22","date_modified":"2026-06-26 03:45:22","permalink":{"id":201743,"object_type":"structure","relational_id":13607,"identifier":"2","token":"32.1\/2","url":"\/32.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74231,"structure_id":13608,"section_number":"32.1-35","catch_line":"List and reports of diseases and dangerous microbes and pathogens","url":"\/32.1-35\/","token":"32.1\/2\/1\/32.1-35","metadata":false},{"id":66379,"structure_id":13608,"section_number":"32.1-35.1","catch_line":"Information on health care-associated infections","url":"\/32.1-35.1\/","token":"32.1\/2\/1\/32.1-35.1","metadata":false},{"id":60320,"structure_id":13608,"section_number":"32.1-36","catch_line":"Reports by physicians and laboratory directors","url":"\/32.1-36\/","token":"32.1\/2\/1\/32.1-36","metadata":false},{"id":54576,"structure_id":13608,"section_number":"32.1-36.1","catch_line":"Confidentiality of test for human immunodeficiency virus; civil penalty; individual action for damages or penalty","url":"\/32.1-36.1\/","token":"32.1\/2\/1\/32.1-36.1","metadata":false},{"id":70790,"structure_id":13608,"section_number":"32.1-37","catch_line":"Reports by persons other than physicians","url":"\/32.1-37\/","token":"32.1\/2\/1\/32.1-37","metadata":false},{"id":67340,"structure_id":13608,"section_number":"32.1-37.01","catch_line":"Posting of information about cases of communicable disease of public health threat","url":"\/32.1-37.01\/","token":"32.1\/2\/1\/32.1-37.01","metadata":false},{"id":54641,"structure_id":13608,"section_number":"32.1-37.1","catch_line":"Report of diseases infecting dead human bodies","url":"\/32.1-37.1\/","token":"32.1\/2\/1\/32.1-37.1","metadata":false},{"id":67194,"structure_id":13608,"section_number":"32.1-37.2","catch_line":"Consent for testing for human immunodeficiency virus; condition on disclosure of test results; counseling required; exceptions","url":"\/32.1-37.2\/","token":"32.1\/2\/1\/32.1-37.2","metadata":false},{"id":59891,"structure_id":13608,"section_number":"32.1-38","catch_line":"Immunity from liability","url":"\/32.1-38\/","token":"32.1\/2\/1\/32.1-38","metadata":false}],"previous_section":{"id":60320,"structure_id":13608,"section_number":"32.1-36","catch_line":"Reports by physicians and laboratory directors","url":"\/32.1-36\/","token":"32.1\/2\/1\/32.1-36","metadata":false},"next_section":{"id":70790,"structure_id":13608,"section_number":"32.1-37","catch_line":"Reports by persons other than physicians","url":"\/32.1-37\/","token":"32.1\/2\/1\/32.1-37","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-36.1\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 613 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1990, chapter 777; in 1993, chapters 97 and 664; in 2017, chapter 178<\/a>.<\/p>","references":[{"id":77469,"section_number":"16.1-248.3","catch_line":"Medical records of juveniles in secure facility","order_by":null,"url":"\/16.1-248.3\/"},{"id":77563,"section_number":"18.2-346.1","catch_line":"Testing of convicted prostitutes and injection drug users for sexually transmitted infection","order_by":null,"url":"\/18.2-346.1\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":60320,"section_number":"32.1-36","catch_line":"Reports by physicians and laboratory directors","order_by":null,"url":"\/32.1-36\/"},{"id":64708,"section_number":"53.1-133.03","catch_line":"Exchange of medical and mental health information and records","order_by":null,"url":"\/53.1-133.03\/"},{"id":81381,"section_number":"54.1-2403.01","catch_line":"Routine component of prenatal care","order_by":null,"url":"\/54.1-2403.01\/"}],"refers_to":false,"permalink":{"id":201759,"object_type":"law","relational_id":54576,"identifier":"32.1-36.1","token":"32.1\/2\/1\/32.1-36.1","url":"\/32.1-36.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-36.1\/","token":"32.1\/2\/1\/32.1-36.1","dublin_core":{"Title":"Confidentiality of test for human immunodeficiency virus; civil penalty; individual action for damages or penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-36.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The results of every test to determine infection with human immunodeficiency virus shall be confidential. Such information may be released only to persons<\/span> or entities permitted or authorized to obtain protected health information under any applicable federal or state law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any action brought under this section, if the court<\/span> finds that a person<\/span> has willfully or through gross negligence<\/span> made an unauthorized disclosure in violation of this section, the Attorney General<\/span>, any attorney for the Commonwealth, or any attorney for the county, city or town in which the violation occurred may recover for the Literary Fund, upon petition<\/span> to the court<\/span>, a civil penalty<\/span> of not more than $5,000 per violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person<\/span> who is the subject of an unauthorized disclosure pursuant to this section shall be entitled to initiate an action to recover actual damages<\/span>, if any, or $100, whichever is greater. In addition, such person<\/span> may also be awarded reasonable attorney’s fees and court<\/span> costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> This section shall not be deemed to create any duty on the part of any person<\/span> who receives such test results, where none exists otherwise, to release the results to a person<\/span> listed herein as authorized to receive them. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONFIDENTIALITY OF TEST FOR HUMAN IMMUNODEFICIENCY VIRUS; CIVIL PENALTY;\nINDIVIDUAL ACTION FOR DAMAGES OR PENALTY (\u00a7 32.1-36.1)\n\nA. The results of every test to determine infection with human immunodeficiency\nvirus shall be confidential. Such information may be released only to persons or\nentities permitted or authorized to obtain protected health information under\nany applicable federal or state law.\n\nB. In any action brought under this section, if the court finds that a person\nhas willfully or through gross negligence made an unauthorized disclosure in\nviolation of this section, the Attorney General, any attorney for the\nCommonwealth, or any attorney for the county, city or town in which the\nviolation occurred may recover for the Literary Fund, upon petition to the\ncourt, a civil penalty of not more than $5,000 per violation.\n\nC. Any person who is the subject of an unauthorized disclosure pursuant to this\nsection shall be entitled to initiate an action to recover actual damages, if\nany, or $100, whichever is greater. In addition, such person may also be awarded\nreasonable attorney’s fees and court costs.\n\nD. This section shall not be deemed to create any duty on the part of any person\nwho receives such test results, where none exists otherwise, to release the\nresults to a person listed herein as authorized to receive them.\n\nHISTORY: 1989, c. 613; 1990, c. 777; 1993, cc. 97, 664; 2017, c. 178.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}