76-5d-103. Mandatory testing -- Retention of medical file -- Civil liability.
(1) An individual who has entered a plea of guilty, a plea of no contest, a plea of guilty with a mental condition, or been found guilty of a violation of Section,,,,,, oris required to submit before sentencing to a mandatory test to determine if the individual is an HIV positive individual. 76-5d-202 76-5d-203 76-5d-204 76-5d-205 76-5d-209 76-5d-210 76-5d-211
(2) If the mandatory test described in Subsectionhas not been conducted before sentencing, and the convicted individual is already confined in a county jail or state prison, the individual is required to be tested while in confinement. (1) For an individual described in Subsectionwho is confined in a county jail, the local law enforcement agency shall cause the individual's blood specimen to be taken and tested. (1) For an individual described in Subsectionwho is confined in a state prison, the Department of Corrections shall cause the individual's blood specimen to be taken and tested. (1)
(3) The local law enforcement agency shall collect and retain in the individual's medical file the following data: the HIV infection test results; a copy of the written notice as provided in Section; 76-5d-104 photographic identification; and fingerprint identification. The local law enforcement agency shall classify the medical file described in Subsectionas a private record pursuant to Subsectionor a controlled record pursuant to Section. (3)(a) 63G-2-302(1)(b) 63G-2-304
(4) An individual required to be tested under this section is responsible for the costs of testing, unless the individual is indigent. If an individual is indigent, the costs for the testing will be paid by the local law enforcement agency or the Department of Corrections from the General Fund.
(5) The laboratory performing testing shall report test results to only designated officials in the Department of Corrections, the Department of Health and Human Services, and the local law enforcement agency submitting the blood specimen. Each department or agency shall designate the officials described in Subsectionby written policy. (5)(a) Designated officials may release information identifying an individual under Section,,,,,, orwho has tested HIV positive as provided under Subsectionand for purposes of prosecution pursuant to Section. 76-5d-202 76-5d-203 76-5d-204 76-5d-205 76-5d-209 76-5d-210 76-5d-211 63G-2-202(1) 76-5d-212
(6) An employee of the local law enforcement agency, the Department of Corrections, or the Department of Health and Human Services who discloses the HIV test results under this section is not civilly liable except when disclosure constitutes fraud or willful misconduct under Section. 63G-7-202 An employee of the local law enforcement agency, the Department of Corrections, or the Department of Health and Human Services who discloses the HIV test results under this section is not civilly or criminally liable, except when disclosure constitutes a knowing violation of Section. 63G-2-801
(7) When a medical file is released as provided in Section, the local law enforcement agency, the Department of Corrections, or the Department of Health and Human Services, or an officer or employee of the local law enforcement agency, the Department of Corrections, or the Department of Health and Human Services, is not liable for damages for release of the medical file. 63G-2-803