(1) Each county and each municipal detention facility shall have a written procedure developed, in consultation with the facility medical provider, establishing conditions under which an inmate will be tested for infectious disease, including human immunodeficiency virus pursuant to s. 775.0877, which procedure is consistent with guidelines of the Centers for Disease Control and Prevention and recommendations of the Correctional Medical Authority. It is not unlawful for the person receiving the test results to divulge the test results to the sheriff or chief correctional officer.
(2) Except as otherwise provided in this subsection, serologic blood test results obtained pursuant to subsection (1) are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. However, such results may be provided to employees or officers of the sheriff or chief correctional officer who are responsible for the custody and care of the affected inmate and have a need to know such information, and as provided in ss. 775.0877 and 960.003. In addition, upon request of the victim or the victim’s legal guardian, or the parent or legal guardian of the victim if the victim is a minor, the results of any HIV test performed on an inmate arrested for any sexual offense involving oral, anal, or female genital penetration by, or union with, the sexual organ of another, must be disclosed to the victim or the victim’s legal guardian, or to the parent or legal guardian of the victim if the victim is a minor. In such cases, the county or municipal detention facility shall furnish the test results to the Department of Health, which is responsible for disclosing the results to public health agencies as provided in s. 775.0877 and to the victim or the victim’s legal guardian, or the parent or legal guardian of the victim if the victim is a minor, as provided in s. 960.003(3). As used in this subsection, the term “female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(3) The results of any serologic blood test on an inmate are a part of that inmate’s permanent medical file. Upon transfer of the inmate to any other correctional facility, such file is also transferred, and all relevant authorized persons must be notified of positive HIV test results, as required in s. 775.0877.
History.—s. 13, ch. 88-380; s. 2, ch. 90-210; s. 16, ch. 93-227; s. 3, ch. 93-230; s. 8, ch. 94-90; s. 451, ch. 96-406; s. 38, ch. 97-93; s. 325, ch. 99-8; s. 13, ch. 2022-165.
