Law / United States / 
Kentucky
HIV testing: informed consent and confidentiality of test results
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Prohibition
As of .
What it requires
- Do not perform a test designed to identify the human immunodeficiency virus, or its antigen or antibody, without first obtaining the informed consent of the person tested, except where a signed general consent form covers the test or in an emergency in which informed consent cannot reasonably be obtained (KRS 214.625(2), (3) and (5)(a)).
- Do not determine a test result to be positive, or reveal a positive result to any person, without corroborating or confirmatory tests (KRS 214.625(5)(b)).
- If you have obtained or have knowledge of a test result, do not disclose the identity of the person tested, or the results in a manner that permits identification of the subject, except to a person KRS 214.625(5)(c) lists.
- When you disclose test results under a court order, accompany the disclosure with the written statement subsection (5)(c)10.e. prescribes (orally, an oral notice followed by a written notice within ten days), and do not further disclose results disclosed to you except as the subsection authorizes (KRS 214.625(5)(c)10.e.).
- Do not use the result of a serologic test conducted under the auspices of the Cabinet for Health and Family Services to determine whether a person may be insured for disability, health or life insurance, or to screen or determine suitability for, or to discharge a person from, employment (KRS 214.625(6)(d)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
A person who intentionally discloses, in violation of KRS 214.625(5)(c), the identity of a person upon whom a test to detect human immunodeficiency virus infection has been conducted is guilty of a Class A misdemeanor under KRS 214.995(1); a person who violates KRS 214.625(6)(d) is also guilty of a Class A misdemeanor.
Who enforces it
Enforcement body
Criminal prosecution of the offences in KRS 214.995(1) and 214.625(6)(d), and disciplinary action by the licensing board of a licensed health care provider under KRS 214.625(8).
What this law does
No person in Kentucky may perform a test designed to identify the human immunodeficiency virus, or its antigen or antibody, without first obtaining the informed consent of the person upon whom the test is performed, except as the general consent form and emergency provisions of subsections (2) and (3) specify. No test result may be determined as positive, and no positive test result revealed to any person, without corroborating or confirmatory tests.
No person who has obtained or has knowledge of a test result may disclose or be compelled to disclose the identity of any person upon whom a test is performed, or the results of the test in a manner which permits identification of the subject of the test, except to the persons subsection (5)(c) lists, which include the subject of the test, any person the subject designates in a legally effective release, health care personnel with a legitimate need to know, the Cabinet for Health and Family Services, and a person allowed access by a court order that meets the subsection's conditions.
No person to whom the results of a test have been disclosed under the court-order provision may disclose them to another person except as the subsection authorizes, and the disclosure must be accompanied by a written statement that state law prohibits further disclosure without the written consent of the person to whom the information pertains.
The result of a serologic test conducted under the auspices of the cabinet may not be used to determine if a person may be insured for disability, health, or life insurance or to screen or determine suitability for, or to discharge a person from, employment, and a person who violates that provision is guilty of a Class A misdemeanor. A violation of the section by a licensed health care provider is a ground for disciplinary action under the provider's licensing chapter.
Except as provided in subsection (6)(d) and KRS 304.12-013, insurers and others participating in activities related to the insurance application and underwriting process are exempt from the section. The section was created by chapter 443 of the 1990 Acts, effective , and its current text is as amended by chapter 134 of the 2019 Acts, effective .
When LexLint raises it
When your app profile says your app handles health records, makes employment decisions or makes insurance decisions.