                                 CODE OF VIRGINIA

CONFIDENTIALITY OF TEST FOR HUMAN IMMUNODEFICIENCY VIRUS; CIVIL PENALTY;
INDIVIDUAL ACTION FOR DAMAGES OR PENALTY (§ 32.1-36.1)

A. 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.

B. 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.

C. 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&#8217;s fees and court costs.

D. 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.

HISTORY: 1989, c. 613; 1990, c. 777; 1993, cc. 97, 664; 2017, c. 178.