Statute 65-6016: Physician authorized to disclose infectious
diseases to
certain corrections employees; confidentiality; immunity in judicial
proceedings.
(a) Notwithstanding any other law to the contrary, a physician
performing
medical or surgical procedures on a patient who the physician knows has
an infectious disease or has had a positive
reaction to an infectious disease test
may disclose such
information to
corrections employees who have been or will be placed in contact with
body fluid of such
patient. The information shall be confidential
and shall not be disclosed by corrections employees
except as may be necessary in providing
treatment for such patient.
Any other disclosure of such information by a corrections employee is a class C
misdemeanor.
(b) Nothing in this section shall be construed to create a duty to warn
any person of possible exposure to an
infectious disease.
(c) Any physician who discloses information in accordance
with the provisions of this section in good faith and without malice shall
have immunity from any liability, civil or criminal, that might otherwise
be incurred or imposed in an action resulting from such disclosure. Any such
physician shall have the same immunity with respect to participation in any
judicial proceeding resulting from such disclosure.
History: L. 1993, ch. 221, § 3;
L. 2001, ch. 102, § 2; July 1.