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AIDS; disclosure of patient information, A.R.S. § 32-1457
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“Acquired immune deficiency syndrome; disclosure of patient information; immunity; definition”
Licensed Arizona physicians may report the name of a patient’s spouse, sexual partner(s), or persons with whom the patient shared hypodermic needles to the department of health services if they know the patient has tested positive for HIV and refuses to notify such persons of their need to undergo HIV testing. Physicians must ask a patient to voluntarily provide such notification before reporting the names to department. Licensed physicians that suspect a health care or public safety employee has had significant exposure to an HIV positive patient may inform the employee of their potential exposure if the patient refuses to voluntarily disclose this information. Physicians must notify the employee in a way that does not identify the patient.
Arizona clarifies that physicians do not have a legal duty to disclose HIV information, that their decision to disclose or not disclose HIV information will not give rise to civil or criminal liability, and that disclosures are not considered acts of unprofessional conduct.