Privacy Law Library

Confidentiality of HIV test results

VA HIV test confidentiality

Health

Makes the results of every HIV test confidential and allows release only to persons or entities authorized to receive protected health information under state or federal law.

Where
Virginia
Citation
Va. Code § 32.1-36.1
Status
In force
In force since
1989-07-01
Last amended
2017-07-01
Enforced by
Virginia Attorney General, attorneys for the Commonwealth, and local attorneys (civil penalty); subjects of disclosure (private action) (32.1-36.1(B)-(C))
People can sue
Yes
Penalties
Civil penalty up to $5,000 per willful or grossly negligent unauthorized disclosure; private recovery of actual damages or $100, whichever is greater, plus fees and costs (32.1-36.1(B)-(C)).
Applies to
  • Any person or entity holding results of a test for HIV infection

Practices it requires

  • Keep HIV test results confidential and release them only to persons authorized to obtain protected health information under applicable law.Va. Code § 32.1-36.1(A)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Effective dates inferred from Virginia's default July 1 date (1989, c. 613; latest amendment 2017, c. 178); bill pages not checked.

Research reference, not legal advice.