Privacy Law Library

HIV Testing and Counseling (consent and confidentiality)

DE HIV Test Confidentiality

Health

Sets consent rules for HIV testing (routine opt-out testing in clinical settings with notice and a chance to refuse; written informed consent in nonclinical settings; minors 12 and older may consent) and bars disclosure of the identity of anyone tested or of identifiable HIV-related test results except to listed recipients, including redisclosure by recipients.

Where
Delaware
Citation
16 Del. C. §§ 714 to 718 (Title 16, Chapter 7, Subchapter II)
Status
In force
Last amended
2022-07-25
Enforced by
Aggrieved persons in Superior Court; the Attorney General may also sue (718)
People can sue
Yes
Penalties
Greater of $1,000 or actual damages per negligent violation, and greater of $5,000 or actual damages per intentional or reckless violation, plus attorney fees and injunctive relief; 3-year limitations period (718).
Applies to
  • Any person that performs HIV testing or holds HIV-related test results, including health-care providers, health facilities, labs, blood banks, and anyone who receives disclosed results (715, 717)

Rights it gives people

  • Minors 12 or older may consent to or refuse HIV-related testing and counseling.16 Del. C. § 715(c)

Practices it requires

  • In clinical settings, routine opt-out HIV testing requires telling the patient it is covered by general consent, offering a chance to refuse each time, and providing counseling; nonclinical settings need written informed consent each time.16 Del. C. § 715(a)-(b)
  • Do not disclose the identity of a person tested for HIV or identifiable HIV-related test results except to the subject, persons holding a valid release, treating providers with a need to know, required public health reports, or other listed recipients.16 Del. C. § 717(a)
  • Recipients of HIV test results may not redisclose them except as the statute allows.16 Del. C. § 717(b)

Sources

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

Unverified: Original enactment (66 Del. Laws c. 336, 1988) was not fetched; last_amended uses the approval date of 83 Del. Laws c. 364.

Research reference, not legal advice.