Virginia § 32.1-36.1 - Confidentiality of test for human immunodeficiency virus; civil penalty; individual action for damages or penalty
Full text of Virginia Code of Virginia § 32.1-36.1 — Confidentiality of test for human immunodeficiency virus; civil penalty; individual action for damages or penalty, with citation guidance and answers to common questions.
§ 32.1-36.1. Confidentiality of test for human immunodeficiency virus; civil penalty; individual action for damages or penalty
A. The results of every test to determine infection with human immunodeficiency virus shall be confidential. Such information may be released only to persons or entities permitted or authorized to obtain protected health information under any applicable federal or state law.
B. In any action brought under this section, if the court finds that a person has willfully or through gross negligence made an unauthorized disclosure in violation of this section, the Attorney General, any attorney for the Commonwealth, or any attorney for the county, city or town in which the violation occurred may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $5,000 per violation.
C. Any person who is the subject of an unauthorized disclosure pursuant to this section shall be entitled to initiate an action to recover actual damages, if any, or $100, whichever is greater. In addition, such person may also be awarded reasonable attorney's fees and court costs.
D. This section shall not be deemed to create any duty on the part of any person who receives such test results, where none exists otherwise, to release the results to a person listed herein as authorized to receive them.
1989, c. 613; 1990, c. 777; 1993, cc. 97, 664; 2017, c. 178.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 32.1-36.1
What does Code of Virginia § 32.1-36.1 cover?
Section 32.1-36.1 ("Confidentiality of test for human immunodeficiency virus; civil penalty; individual action for damages or penalty") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 32.1-36.1?
A common citation format is "Code of Virginia § 32.1-36.1" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 32.1-36.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.