                                 CODE OF VIRGINIA

TESTING OF CONVICTED PROSTITUTES AND INJECTION DRUG USERS FOR SEXUALLY
TRANSMITTED INFECTION (§ 18.2-346.1)

A. As soon as practicable following conviction of any person for violation of
&#xA7; 18.2-346, 18.2-346.01, or 18.2-361, any violation of Article 1 (&#xA7;
18.2-247 et seq.) or 1.1 (&#xA7; 18.2-265.1 et seq.) of Chapter 7 involving the
possession, sale, or use of a controlled substance in a form amenable to
intravenous use, or the possession, sale, or use of hypodermic syringes,
needles, or other objects designed or intended for use in parenterally injecting
controlled substances into the human body, such person shall be provided the
option to submit to testing for a sexually transmitted infection. The convicted
person shall receive counseling from personnel of the Department of Health
concerning (i) the meaning of the test, (ii) sexually transmitted infections,
and (iii) the transmission and prevention of sexually transmitted infections.

B. Any tests performed pursuant to this section shall be consistent with current
Centers for Disease Control and Prevention recommendations. The results of such
test for a sexually transmitted infection shall be confidential as provided in
&#xA7; 32.1-36.1 and shall be disclosed to the person who is the subject of the
test and to the Department of Health as required by &#xA7; 32.1-36. The
Department shall conduct surveillance and investigation in accordance with the
requirements of &#xA7; 32.1-39.

C. Upon receiving a report of a positive test for hepatitis C, the State Health
Commissioner may share protected health information relating to such positive
test with relevant sheriffs&#8217; offices, the state police, local police
departments, adult or youth correctional facilities, salaried or volunteer
firefighters, paramedics or emergency medical technicians, officers of the
court, and regional or local jails (i) to the extent necessary to advise exposed
individuals of the risk of infection and to enable exposed individuals to seek
appropriate testing and treatment and (ii) as may be needed to prevent and
control disease and is deemed necessary to prevent serious harm and serious
threats to the health and safety of individuals and the public.
			The disclosed protected health information shall be held confidential; no
person to whom such information is disclosed shall redisclose or otherwise
reveal the protected health information without first obtaining the specific
authorization from the individual who was the subject of the test for such
redisclosure.
			Such protected health information shall only be used to protect the health
and safety of individuals and the public in conformance with the regulations
concerning patient privacy promulgated by the federal Department of Health and
Human Services, as such regulations may be amended.

D. The results of the tests shall not be admissible in any criminal proceeding.
			The cost of the tests shall be paid by the Commonwealth and taxed as part of
the cost of such criminal proceedings.

HISTORY: 1990, c. 913; 2005, c. 438; 2021, Sp. Sess. I, cc. 188, 465.