Ohio § 3701.243

§ 3701.243.

(A) Except as provided in this section or section 3701.248 of the Revised Code , no person or agency of state or local government that acquires the information while

providing any health care service or while in the employ of a health care facility

or health care provider shall disclose or compel another to disclose any of the following: (1) The identity of any individual on whom an HIV test is performed; (2) The results of an HIV test in a form that identifies the individual tested; (3) The identity of any individual diagnosed as having AIDS or an AIDS-related condition. (B)(1) Except as provided in divisions (B)(2), (C), (D), and (F) of this section, the results

of an HIV test or the identity of an individual on whom an HIV test is performed or

who is diagnosed as having AIDS or an AIDS-related condition may be disclosed only

to the following: (a) The individual who was tested or the individual's legal guardian, and the individual's

spouse or any sexual partner; (b) A person to whom disclosure is authorized by a written release, executed by the individual

tested or by the individual's legal guardian and specifying to whom disclosure of

the test results or diagnosis is authorized and the time period during which the release

is to be effective; (c) Any physician, certified nurse-midwife, clinical nurse specialist, or certified nurse

practitioner who treats the individual; (d) The department of health or a health commissioner to which reports are made under section 3701.24 of the Revised Code ; (e) A health care facility or provider that procures, processes, distributes, or uses

a human body part from a deceased individual, donated for a purpose specified in Chapter

2108. of the Revised Code, and that needs medical information about the deceased individual

to ensure that the body part is medically acceptable for its intended purpose; (f) Health care facility staff committees or accreditation or oversight review organizations

conducting program monitoring, program evaluation, or service reviews; (g) A health care provider, emergency medical services worker, or peace officer who sustained

a significant exposure to the body fluids of another individual, if that individual

was tested pursuant to division (E)(6) of section 3701.242 of the Revised Code , except that the identity of the individual tested shall not be revealed; (h) To law enforcement authorities pursuant to a search warrant or a subpoena issued

by or at the request of a grand jury, a prosecuting attorney, a city director of law

or similar chief legal officer of a municipal corporation, or a village solicitor,

in connection with a criminal investigation or prosecution. (2) The results of an HIV test or a diagnosis of AIDS or an AIDS-related condition may

be disclosed to a health care provider, or an authorized agent or employee of a health

care facility or a health care provider, if the provider, agent, or employee has a

medical need to know the information and is participating in the diagnosis, care,

or treatment of the individual on whom the test was performed or who has been diagnosed

as having AIDS or an AIDS-related condition. This division does not impose a standard of disclosure different from the standard

for disclosure of all other specific information about a patient to health care providers

and facilities.  Disclosure may not be requested or made solely for the purpose of identifying an

individual who has a positive HIV test result or has been diagnosed as having AIDS

or an AIDS-related condition in order to refuse to treat the individual.  Referral of an individual to another health care provider or facility based on reasonable

professional judgment does not constitute refusal to treat the individual. (3) Not later than ninety days after November 1, 1989, each health care facility in this

state shall establish a protocol to be followed by employees and individuals affiliated

with the facility in making disclosures authorized by division (B)(2) of this section.  A person employed by or affiliated with a health care facility who determines in

accordance with the protocol established by the facility that a disclosure is authorized

by division (B)(2) of this section is immune from liability to any person in a civil

action for damages for injury, death, or loss to person or property resulting from

the disclosure. (C)(1) Any person or government agency may seek access to or authority to disclose the HIV

test records of an individual in accordance with the following provisions: (a) The person or government agency shall bring an action in a court of common pleas

requesting disclosure of or authority to disclose the results of an HIV test of a

specific individual, who shall be identified in the complaint by a pseudonym but whose

name shall be communicated to the court confidentially, pursuant to a court order

restricting the use of the name.  The court shall provide the individual with notice and an opportunity to participate

in the proceedings if the individual is not named as a party.  Proceedings shall be conducted in chambers unless the individual agrees to a hearing

in open court. (b) The court may issue an order granting the plaintiff access to or authority to disclose

the test results only if the court finds by clear and convincing evidence that the

plaintiff has demonstrated a compelling need for disclosure of the information that

cannot be accommodated by other means.  In assessing compelling need, the court shall weigh the need for disclosure against

the privacy right of the individual tested and against any disservice to the public

interest that might result from the disclosure, such as discrimination against the

individual or the deterrence of others from being tested. (c) If the court issues an order, it shall guard against unauthorized disclosure by specifying

the persons who may have access to the information, the purposes for which the information

shall be used, and prohibitions against future disclosure. (2) A person or government agency that considers it necessary to disclose the results

of an HIV test of a specific individual in an action in which it is a party may seek

authority for the disclosure by filing an in camera motion with the court in which

the action is being heard.  In hearing the motion, the court shall employ procedures for confidentiality similar

to those specified in division (C)(1) of this section.  The court shall grant the motion only if it finds by clear and convincing evidence

that a compelling need for the disclosure has been demonstrated. (3) Except for an order issued in a criminal prosecution or an order under division (C)(1)

or (2) of this section granting disclosure of the result of an HIV test of a specific

individual, a court shall not compel a blood bank, hospital blood center, or blood

collection facility to disclose the result of HIV tests performed on the blood of

voluntary donors in a way that reveals the identity of any donor. (4) In a civil action in which the plaintiff seeks to recover damages from an individual

defendant based on an allegation that the plaintiff contracted the HIV virus as a

result of actions of the defendant, the prohibitions against disclosure in this section

do not bar discovery of the results of any HIV test given to the defendant or any

diagnosis that the defendant has AIDS or an AIDS-related condition. (D) The results of an HIV test or the identity of an individual on whom an HIV test is

performed or who is diagnosed as having AIDS or an AIDS-related condition may be disclosed

to a federal, state, or local government agency, or the official representative of

such an agency, for purposes of the medicaid program, the medicare program, or any

other public assistance program. (E) Any disclosure pursuant to this section shall be in writing and accompanied by a

written statement that includes the following or substantially similar language:  “This

information has been disclosed to you from confidential records protected from disclosure

by state law.  You shall make no further disclosure of this information without the specific, written,

and informed release of the individual to whom it pertains, or as otherwise permitted

by state law.  A general authorization for the release of medical or other information is not sufficient

for the purpose of the release of HIV test results or diagnoses.” (F) An individual who knows that the individual has received a positive result on an

HIV test or has been diagnosed as having AIDS or an AIDS-related condition shall disclose

this information to any other person with whom the individual intends to make common

use of a hypodermic needle or engage in sexual conduct as defined in section 2907.01 of the Revised Code .  An individual's compliance with this division does not prohibit a prosecution of

the individual for a violation of division (B) of section 2903.11 of the Revised Code . (G) Nothing in this section prohibits the introduction of evidence concerning an HIV

test of a specific individual in a criminal proceeding.