1Amending the act of November 29, 1990 (P.L.585, No.148),
2entitled "An act providing for confidentiality of certain
3records; providing for the authorized sharing of certain
4information; providing for written consent prior to an HIV-
5related test, with certain exceptions; providing for civil
6immunity for certain licensed physicians; providing for
7protective procedures and equipment; and creating a civil
8cause of action," further providing for prevention of
9transmission of infectious diseases and for confidentiality
10of records.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Sections 4 and 7(a) of the act of November 29,
141990 (P.L.585, No.148), known as the Confidentiality of HIV-
15Related Information Act, are amended to read:

16Section 4. Prevention of transmission of infectious diseases.

17(a) General rule.--The department shall, by regulation,
18require the use of protective measures and equipment by
19individuals, persons and institutions not covered by regulations
20promulgated by the Occupational Safety and Health Administration
21governing such protective measures and equipment. The department

1shall develop such regulations pursuant to guidelines
2established by the CDC. For health care providers covered by the
3provisions of the Occupational Safety and Health Administration
4governing such protective measures and equipment, the department
5shall encourage compliance with approved standards. This section
6shall not preclude the department from exercising rulemaking
7authority granted under any other act.

8(b) Disclosure.--The Department of Corrections shall
9disclose the HIV, hepatitis B or hepatitis C status of any
10infected inmate to all corrections officers required to interact
11with the infected inmate. The release of this information is
12only to further provide for the personal safety of corrections
13officers and in no way shall the corrections officers disclose
14the inmate's confidential HIV-related information to any third
15party.

16Section 7. Confidentiality of records.

17(a) Limitations on disclosure.--No person or employee, or
18agent of such person, who obtains confidential HIV-related
19information in the course of providing any health, correctional
20or social service or pursuant to a release of confidential HIV-
21related information under subsection (c) may disclose or be
22compelled to disclose the information, except to the following
23persons:

24(1) The subject.

25(2) The physician who ordered the test, or the
26physician's designee.

27(3) Any person specifically designated in a written
28consent as provided for in subsection (c).

29(4) An agent, employee or medical staff member of a
30health care provider, when the health care provider has

1received confidential HIV-related information during the
2course of the subject's diagnosis or treatment by the health
3care provider, provided that the agent, employee or medical
4staff member is involved in the medical care or treatment of
5the subject. Nothing in this paragraph shall be construed to
6require the segregation of confidential HIV-related
7information from a subject's medical record.

8(5) A peer review organization or committee as defined
9in the act of July 20, 1974 (P.L.564, No.193), known as the
10Peer Review Protection Act, a nationally recognized
11accrediting agency, or as otherwise provided by law, any
12Federal or State government agency with oversight
13responsibilities over health care providers.

14(6) Individual health care providers involved in the
15care of the subject with an HIV-related condition or a
16positive test, when knowledge of the condition or test result
17is necessary to provide emergency care or treatment
18appropriate to the individual; or health care providers
19consulted to determine diagnosis and treatment of the
20individual.

21(7) An insurer, to the extent necessary to reimburse
22health care providers or to make any payment of a claim
23submitted pursuant to an insured's policy.

24(8) The department and persons authorized to gather,
25transmit or receive vital statistics under the act of June
2629, 1953 (P.L.304, No.66), known as the Vital Statistics Law
27of 1953.

28(9) The department and local boards and departments of
29health, as authorized by the act of April 23, 1956 (1955
30P.L.1510, No.500), known as the Disease Prevention and

1Control Law of 1955.

2(10) A person allowed access to the information by a
3court order issued pursuant to section 8.

4(11) A funeral director responsible for the acceptance
5and preparation of the deceased subject.

6(12) Employees of county mental health/mental
7retardation agencies, county children and youth agencies,
8county juvenile probation departments, county or State
9facilities for delinquent youth, and contracted residential
10providers of the above-named entities receiving or
11contemplating residential placement of the subject, who:

12(i) generally are authorized to receive medical
13information; and

14(ii) are responsible for ensuring that the subject
15receives appropriate health care; and

16(iii) have a need to know the HIV-related
17information in order to ensure such care is provided.

18(13) Corrections officers required to interact with
19infected inmates.

20The above-named entities may release the information to a
21court in the course of a dispositional proceeding under 42
22Pa.C.S. §§ 6351 (relating to disposition of dependent child)
23and 6352 (relating to disposition of delinquent child) when
24it is determined that such information is necessary to meet
25the medical needs of the subject.

26* * *

27Section 2. This act shall take effect in 60 days.