Tennessee § 39-13-108 - Rules and regulations regarding transmission of HIV — Quarantine — Violations.

§ 39-13-108. Rules and regulations regarding transmission of HIV — Quarantine — Violations.

The department of health, acting pursuant to § 68-10-109, shall promulgate rules regarding transmission of human immunodeficiency virus (HIV). The rules shall include specific procedures for quarantine or isolation, as may be necessary, of any person who clearly and convincingly demonstrates willful and knowing disregard for the health and safety of others, and who poses a direct threat of significant risk to the health and safety of the public regarding transmission of HIV. The department is authorized to quarantine or isolate a person within a secure facility, after exercising other appropriate measures, if the person continues to pose a direct threat of significant risk to the health and safety of the public. Any person so quarantined or isolated within a secure facility, who intentionally escapes from the facility, commits a Class E felony. Acts 1993, ch. 322, § 2. Cross-References. Culpability, title 39, ch. 11, part 3. HIV screening, title 68, ch. 5, part 7. HIV testing of persons convicted of sexual offenses, § 39-13-521 . Penalty for Class E felony, § 40-35-111 . Sexual offenses, title 39, ch. 13, part 5. Sexually transmitted diseases, title 68, ch. 10. Attorney General Opinions. The district attorney general is not an “appropriate state agency,” under T.C.A. § 68-10-113(3) , to receive health department records regarding a person who has HIV, unless the district attorney general is prosecuting, or is considering prosecuting, an individual under T.C.A. § 39-13-108 or 68-10-111 ; unless such a circumstance exists, the district attorney general must obtain a court order under T.C.A. § 68-10-113(6) , to obtain access to health department records regarding a person who has HIV, OAG 01-146 (9/14/01). Absent a consent under T.C.A. § 68-10-113(2) or a court order under T.C.A. § 68-10-113(6) , a health department employee is prohibited from talking to the district attorney general either about the mens rea of a criminal defendant whom the district attorney general either is prosecuting, or is considering prosecuting, for knowingly exposing someone to HIV or factual information regarding an HIV patient which is not noted in the patient's chart, but which would go to the patient's intention to commit a crime, OAG 01-146 (9/14/01).