Title 31, Chapter 22, Section 9.1
(a) As used in this Code section, the term:
(1) "AIDS" means Acquired Immunodeficiency Syndrome or AIDS
Related Complex within the reporting criteria of the department.
(2) "AIDS confidential information" means information which
discloses that a person:
(A) Has been diagnosed as having AIDS;
(B) Has been or is being treated for AIDS;
(C) Has been determined to be infected with HIV;
(D) Has submitted to an HIV test;
(E) Has had a positive or negative result from an HIV test;
(F) Has sought and received counseling regarding AIDS; or
(G) Has been determined to be a person at risk of being infected
and which permits the identification of that person.
(3) "AIDS transmitting crime" means any of the following offenses
specified in Title 16:
(C) Aggravated sodomy;
(D) Child molestation;
(E) Aggravated child molestation;
(G) Solicitation of sodomy;
(I) Statutory rape; or
(J) Any offense involving a violation of Article 2 of Chapter 13
of Title 16, regarding controlled substances, if that offense
involves heroin, cocaine, derivatives of either, or any other
controlled substance in Schedule I, II, III, IV, or V and that
other substance is commonly intravenously injected, as
determined by the regulations of the department.
(4) "Body fluids" means blood, semen, or vaginal secretions.
(5) "Confirmed positive HIV test" means the results of at least
two separate types of HIV tests, both of which indicate the
presence of HIV in the substance tested thereby.
(6) "Counseling" means providing the person with information and
explanations medically appropriate for that person which may
include all or part of the following: accurate information
regarding AIDS and HIV; an explanation of behaviors that reduce
the risk of transmitting AIDS and HIV; an explanation of the
confidentiality of information relating to AIDS diagnoses and HIV
tests; an explanation of information regarding both social and
medical implications of HIV tests; and disclosure of commonly
recognized treatment or treatments for AIDS and HIV. The
Department of Human Resources shall develop brochures or other
documents which meet the requirements of this paragraph and, upon
delivery of such a brochure or document or of another brochure or
document approved by the Department of Human Resources to the
person and referral of that person to the Department of Human
Resources for further information and explanations, counseling
shall be deemed to have been provided within the meaning of this
(7) "Determined to be infected with HIV" means having a confirmed
positive HIV test or having been clinically diagnosed as having
(8) "Health care facility" means any:
(A) Institution or medical facility, as defined in Code Section 31-7-1;
(B) Facility for the mentally ill, mentally retarded, or alcoholic or drug dependent persons, as defined in Code Sections 37-3-1, 37-4-1, and 37-7-1, respectively;
(C) Medical, dental, osteopathic, or podiatric clinic;
(D) Hospice, as defined in Code Section 31-7-172;
(E) Clinical laboratory, as defined in Code Section 31-22-1; or
(F) Administrative, clerical, or support personnel of any legal
entity specified in subparagraphs (A) through (E) of this
(9) "Health care provider" means any of the following persons
licensed or regulated by the state:
(A) Physician or physician's assistant;
(E) Dentist, dental technician, or dental hygienist;
(F) Respiratory care professional, certified respiratory therapy
technician, or registered respiratory therapist;
(G) Registered nurse;
(H) Licensed practical nurse;
(I) Emergency medical technician, paramedic, or cardiac
(J) Clinical laboratory director, supervisor, technician, or
(K) Funeral director or embalmer;
(L) Member of a hospice team, as defined in Code Section 31-7-172;
(M) Nursing home administrator;
(N) Professional counselor, social worker, or marriage and
(P) Administrative, clerical, or support personnel, whether or
not they are licensed or regulated by the state, of any person
specified in subparagraphs (A) through (O) of this paragraph;
(Q) Trainee, student, or intern, whether or not they are
licensed or regulated by the state, of any persons listed in
subparagraphs (A) through (O) of this paragraph; or
(R) First responder, as defined in Chapter 11 of this title,
although such person is not licensed or regulated by the state.
(10) "HIV" means any type of Human Immunodeficiency Virus, Human
T-Cell Lymphotropic Virus Types III or IV, Lymphadenopathy
Associated Virus Types I or II, AIDS Related Virus, or any other
identified causative agent of AIDS.
(11) "HIV infected person" means a person who has been determined
to be infected with HIV, whether or not that person has AIDS, or
who has been clinically diagnosed as having AIDS.
(12) "HIV test" means any antibody, antigen, viral particle, viral
culture, or other test to indicate the presence of HIV in the
human body, which test has been approved for such purposes by the
regulations of the department.
(13) "Institutional care facility" means any:
(A) Health care facility;
(B) Child welfare agency, as defined in Code Section 49-5-12;
(C) Group care facility, as defined in Code Section 49-5-3;
(D) Penal institution; or
(E) Military unit.
(14) "Knowledge of being infected with HIV" means actual knowledge
(A) A confirmed positive HIV test; or
(B) A clinical diagnosis of AIDS.
(15) "Law" means federal or state law.
(16) "Legal entity" means a partnership, association, joint
venture, trust, governmental entity, public or private
corporation, health care facility, institutional care facility, or
any other similar entity.
(17) "Military unit" means the smallest organizational unit of the organized militia of the state, as defined in Code Section 38-2-2, or of any branch of the armed forces of the United States, which unit is commanded by a commissioned officer.
(18) "Penal institution" means any jail, correctional institution,
or similar facility for the detention of violators of state laws
or local ordinances.
(19) "Person" means a natural person.
(20) "Person at risk of being infected with HIV" means any person
who may have already come in contact with or who may in the future
reasonably be expected to come in contact with the body fluids of
an HIV infected person.
(21) "Physician" means any person licensed to practice medicine
under Chapter 34 of Title 43.
(22) "Public safety agency" means that governmental unit which
directly employs a public safety employee.
(23) "Public safety employee" means an emergency medical technician, fireman, law enforcement officer, or prison guard, as such terms are defined in Code Section 45-9-81, relating to indemnification of such personnel for death or disability.
(b) Notwithstanding the provisions of Code Section 31-21-10 and Code Section 31-22-11, no person or legal entity, other than an insurer authorized to transact business in this state, shall submit for an HIV test any human body fluid or tissue to any person or legal entity except to:
(1) A clinical laboratory licensed under this chapter;
(2) A clinical laboratory exempt from licensure under Code Section 31-22-9; or
(3) A clinical laboratory licensed as such pursuant to the laws of
any other state.
(c) No person or legal entity may sell or offer for sale any HIV
test that permits any person or legal entity, including the person
whose body fluids are to be tested, to perform that test other than
a person or legal entity specified in paragraphs (1) through (3) of
subsection (b) of this Code section.