T39CH6

Title 39 > T39CH6

Sections (7)

39-601

TITLE 39 HEALTH AND SAFETY CHAPTER 6 CONTROL OF VENEREAL DISEASES 39-601. Venereal diseases enumerated. Syphilis, gonorrhea, human immunodeficiency virus (HIV), chlamydia and hepatitis B virus (HBV), hereinafter designated as venereal diseases, are hereby declared to be contagious, infectious, communicable and dangerous to public health; and it shall be unlawful for anyone infected with these diseases or any of them to knowingly expose another person to the infection of such diseases. History: [(39-601) 1921, ch. 200, secs. 1, 6, p. 406; I.C.A., sec. 38-501; am. 1945, ch. 52, sec. 1, p. 67; am. 1986, ch. 70, sec. 1, p. 195; am. 1988, ch. 45, sec. 1, p. 51; am. 1990, ch. 143, sec. 1, p. 322; am. 2012, ch. 311, sec. 1, p. 858.]

39-602

TITLE 39 HEALTH AND SAFETY CHAPTER 6 CONTROL OF VENEREAL DISEASES 39-602. Report of venereal disease to health authorities. Any physician or other person who makes a diagnosis of or treats a case of venereal disease, and any superintendent or manager of a hospital, dispensary or charitable or penal institution, in which there is a case of venereal disease, shall immediately make a report of such case to the department of health and welfare, according to such form and manner as the state board of health and welfare shall direct. History: [(39-602) 1921, ch. 200, sec. 2, p. 406; I.C.A., sec. 38-502; am. 1974, ch. 23, sec. 95, p. 633; am. 1990, ch. 143, sec. 2, p. 322.]

39-604

TITLE 39 HEALTH AND SAFETY CHAPTER 6 CONTROL OF VENEREAL DISEASES 39-604. Confined and imprisoned persons — Examination, treatment, and quarantine — Victims of sexual offenses — Access to offenders’ test results, testing for HIV, counseling and referral services. (1) All persons who shall be confined or imprisoned in any state prison facility in this state shall be examined for on admission, and again upon the offender’s request before release, and, if infected, treated for the diseases enumerated in section 39-601 , Idaho Code, and this examination shall include a test for HIV antibodies or antigens. This examination is not intended to limit any usual or customary medical examinations that might be indicated during a person’s imprisonment. Nothing herein contained shall be construed to interfere with the service of any sentence imposed by a court as a punishment for the commission of crime. Nothing contained in this section shall be construed to impose upon any state prison facility an obligation to continue to treat a person who tested positive for any disease enumerated in section 39-601 , Idaho Code, or be financially responsible for such treatment after the person is released from the state prison facility. (2) All persons who shall be confined in any county or city jail may be examined for and, if infected, treated for the venereal diseases enumerated in section 39-601 , Idaho Code, if such persons have, in the judgment of public health authorities or the jailer, been exposed to a disease enumerated in section 39-601 , Idaho Code. (3) All persons who are charged with any sex offense in which body fluid, as defined in this chapter, has likely been transmitted to another shall be tested for the human immunodeficiency virus (HIV). At the request of the victim or parent, guardian or legal custodian of a minor victim, such test shall be administered not later than forty-eight (48) hours after the date on which the information or indictment is presented. (4) All persons, including juveniles, who are charged with sex offenses, prostitution, any crime in which body fluid has likely been transmitted to another, or other charges as recommended by public health authorities shall be tested for the venereal diseases enumerated in section 39-601 , Idaho Code, and for hepatitis C virus. (5) All persons who are charged with any crime involving the use of injectable drugs shall be tested for the presence of HIV antibodies or antigens, for hepatitis C virus and for hepatitis B virus. (6) If a person is tested as required in subsection (3), (4) or (5) of this section, the results of the test shall be revealed to the court. The court shall release the results of the test to the victim(s), or if the victim(s) is a minor, to the minor’s parent, guardian or legal custodian. Whenever a prisoner tests positive for HIV antibodies or antigens, the victim(s) of said prisoner shall be entitled to counseling regarding HIV, HIV testing in accordance with applicable law,

39-605

TITLE 39 HEALTH AND SAFETY CHAPTER 6 CONTROL OF VENEREAL DISEASES 39-605. Rules for carrying out law. The state board of health and welfare is hereby empowered and directed to make such rules as shall, in its judgment, be necessary for the carrying out of the provisions of this chapter, including rules providing for the control and treatment of persons isolated or quarantined, and such other rules, not in conflict with provisions of this chapter, concerning the control of venereal diseases, and concerning the care, treatment and quarantine of persons infected therewith, as it may from time to time deem advisable. All such rules so made shall be of force and binding upon all county and municipal health officers and other persons affected by this chapter, and shall have the force and effect of law. Such rules may be amended from time to time by the state board of health and welfare. All rules must be entered on the minutes of the state board of health and welfare and copies shall be furnished to all county and municipal health officers and to anyone else who may apply for same. Such rules shall be adopted and become effective in accordance with the provisions of chapter 52, title 67 , Idaho Code. History: [(39-605) 1921, ch. 200, sec. 5, p. 406; I.C.A., sec. 38-505; am. 1974, ch. 23, sec. 97, p. 633; am. 1993, ch. 216, sec. 24, p. 607; am. 2025, ch. 82, sec. 93, p. 377.]

39-607

TITLE 39 HEALTH AND SAFETY CHAPTER 6 CONTROL OF VENEREAL DISEASES 39-607. Penalties for violations. Any person who shall violate any lawful rule or regulation made by the state board of health and welfare, pursuant to the authority herein granted, or who shall fail or refuse to obey any lawful order issued by any public health authority, pursuant to the authority granted in this chapter, or any person who, knowing that he or she is infected with syphilis, gonorrhea or chancroid, exposes another person to the infection of such disease, shall be deemed guilty of a misdemeanor, and shall be punished, on conviction thereof, by a fine of not more than three hundred dollars ($300) or by imprisonment in the county jail for not more than six (6) months; or by both such fine and imprisonment. History: [(39-607) 1921, ch. 200, sec. 8, p. 406; I.C.A., sec. 38-507; am. 1945, ch. 55, sec. 1, p. 71; am. 1974, ch. 23, sec. 99, p. 633; am. 1988, ch. 45, sec. 4, p. 52.]

39-608

TITLE 39 HEALTH AND SAFETY CHAPTER 6 CONTROL OF VENEREAL DISEASES 39-608. Transfer of body fluid which may contain the HIV virus — Punishment — Definitions — Defenses. (1) Any person who exposes another in any manner with the intent to infect or, knowing that he or she is or has been afflicted with acquired immunodeficiency syndrome (AIDS), AIDS related complexes (ARC), or other manifestations of human immunodeficiency virus (HIV) infection, transfers or attempts to transfer any of his or her body fluid, body tissue or organs to another person is guilty of a felony and shall be punished by imprisonment in the state prison for a period not to exceed fifteen (15) years, by fine not in excess of five thousand dollars ($5,000), or by both such imprisonment and fine. (2) Definitions. As used in this section: (a) Body fluid means semen (irrespective of the presence of spermatozoa), blood, saliva, vaginal secretion, breast milk, and urine. (b) Transfer means engaging in sexual activity by genital-genital contact, oral-genital contact, anal-genital contact; or permitting the use of a hypodermic syringe, needle, or similar device without sterilization; or giving, whether or not for value, blood, semen, body tissue, or organs to a person, blood bank, hospital, or other medical care facility for purposes of transfer to another person. (3) Defenses: (a) Consent. It is an affirmative defense that the sexual activity took place between consenting adults after full disclosure by the accused of the risk of such activity. (b) Medical advice. It is an affirmative defense that the transfer of body fluid, body tissue, or organs occurred after advice from a licensed physician that the accused was noninfectious. History: [39-608, added 1988, ch. 151, sec. 1, p. 271.]

39-610

TITLE 39 HEALTH AND SAFETY CHAPTER 6 CONTROL OF VENEREAL DISEASES 39-610. Disclosure of HIV and HBV reporting information. (1) State or local health authorities may contact and advise those persons who, in the judgment of health authorities, have been exposed to the HIV (human immunodeficiency virus) or hepatitis B (HBV) infections. (2) The department of health and welfare shall, in a manner established by rules and regulations, accept from persons involved in providing emergency or medical services reports of significant exposures to the blood or body fluids of a patient or deceased person. The department of health and welfare shall promulgate rules and regulations defining the term significant exposure as used in this section. Upon receipt of a report made pursuant to section 39-602 , Idaho Code, confirming the presence of HIV or HBV virus in a patient or a deceased person, the director of the department of health and welfare, or his designee, shall immediately contact and advise any and all persons who, on the basis of information then or thereafter reported to the department, have had a significant exposure to the blood or body fluids of that infected patient or deceased person. The significantly exposed person shall be informed only that he may have been exposed to HIV or HBV, as the case may be, and thereafter advised of whatever prophylactic and testing procedures are appropriate. The significantly exposed person shall not be informed of the name of the infected patient or deceased person. Additionally, the department of health and welfare shall, to the greatest extent consistent with public health requirements, maintain the confidentiality of the identity of the significantly exposed person. (3) Public health authorities may disclose personally identifying information in public health records to other local or state public health agencies when the confidential information is necessary to carry out the duties of the agency in the investigation, control and surveillance of disease, as determined by the state board of health and welfare, or as otherwise authorized by law. (4) Nothing in this chapter imposes liability or criminal sanction for disclosure or nondisclosure of the results of a blood test to detect HIV or HBV virus in accordance with any reporting requirements of the department of health and welfare. History: [39-610, added 1988, ch. 45, sec. 6, p. 53; am. 1990, ch. 143, sec. 4, p. 323; am. 1990, ch. 213, sec. 39, p. 513; am. 2015, ch. 141, sec. 85, p. 440; am. 2025, ch. 82, sec. 94, p. 378.]