Vermont § 1705 - HIV-related testing information

§ 1705. HIV-related testing information

• (a) No court of this State shall issue an order requiring the disclosure of individually-identifiable
  HIV-related testing or counseling information unless the court finds that the person
  seeking the information has demonstrated a compelling need for it that cannot be accommodated
  by other means. In assessing compelling need, the court shall weigh the need for
  disclosure against the privacy interest of the test subject and the public interest
  which may be disserved by disclosure which deters future testing or which may lead
  to discrimination. (b) Pleadings pertaining to disclosure of HIV-related testing and counseling information
  shall substitute a pseudonym for the true name of the subject of the test. The subject’s
  true name shall be communicated confidentially to the court and those parties who
  have a compelling need to know the subject’s true name. All documents filed with
  the court which identify the subject’s true name shall not be disclosed to any person
  other than those parties who have a compelling need to know the subject’s true name
  and the subject of the test. All such documents shall be sealed upon the conclusion
  of proceedings under this section. (c) Before granting any such order, the court shall provide the individual whose test
  information is in question with notice and a reasonable opportunity to participate
  in the proceedings if he or she is not already a party. (d) Court proceedings as to disclosure of counseling and testing information shall be
  conducted in camera unless the subject of the test agrees to a hearing in open court
  or unless the court determines that a public hearing is necessary to the public interest
  and the proper administration of justice. (e) Upon issuance of an order to disclose test results, the court shall impose appropriate
  safeguards against unauthorized disclosure, which shall specify the persons who may
  have access to the information, the purposes for which the information shall be used,
  and appropriate prohibitions on future disclosure. (Added 1987, No. 194 (Adj. Sess.), § 3.)