Colorado § 25-4-405 - Reporting requirements - immunity.

§ 25-4-405. Reporting requirements - immunity.

(1) (a) In accordance with sections 12-240-139, 25-1-122, 25-4-404, and 25-4-406, and except as provided in subsection (1)(b) of this section, for every individual known to the person or entity to have a diagnosis of a sexually transmitted infection or to have a positive test for a sexually transmitted infection, the following persons and entities shall report any information required by rule of the state board to the state department or local public health agency, in a form and within a time period designated by rule of the state board:

(I) Every health-care provider in the state;

(II) Persons who test, diagnose, or treat sexually transmitted infections in a hospital, clinic, correctional institution, community-based organization, nonclinical setting, or other private or public institution; or

(III) A laboratory or a person performing a test for a case of a sexually transmitted infection.

(b) The reporting requirement specified in subsection (1)(a) of this section does not apply to a mental health professional who is not engaged in testing a patient for, diagnosing a patient with, or treating a patient with a sexually transmitted infection, regardless of whether the mental health professional knows the patient has a sexually transmitted infection.

(2) The reports submitted pursuant to subsection (1) of this section must include the name, date of birth, sex at birth, gender identity, address, and phone number of the individual with the sexually transmitted infection, and the name, address, and phone number of the person making the report. The report must also include any test results and the name, address, and phone number of the health-care provider and any other person or agency that referred the specimen for testing.

(3) (a) A person who, in good faith, complies with the reporting and treatment requirements of this part 4 is immune from civil and criminal liability for such actions.

(b) Immunity from liability pursuant to paragraph (a) of this subsection (3) does not apply to a negligent act or omission on the part of the health-care provider.

Source: L. 2016: Entire part R&RE, (SB 16-146), ch. 230, p. 898, § 1, effective July 1. L. 2019: IP(1) amended, (HB 19-1172), ch. 136, p. 1702, § 156, effective October 1. L. 2023: (1) amended, (HB 23-1031), ch. 57, p. 203, § 2, effective August 7.

Editor's note: This section is similar to former §§ 25-4-402, 25-4-1402, 25-4-1403, and 25-4-1404 as they existed prior to 2016.

ANNOTATION

Because having AIDS or seeking testing for the presence of such infection should not serve as a basis for discriminatory actions, information concerning the plaintiff's health and possible HIV infection was not of legitimate public concern. Publication of such information by the plaintiff's employer was sufficient to support a claim for invasion of privacy. Borquez v. Robert C. Ozer, P.C., 923 P.2d 166 (Colo. App. 1995), aff'd in part, rev'd in part on other grounds, 940 P.2d 371 (Colo. 1997).