Title 31, Chapter 21, Section 3
( 31-21-3)
(a) For the purposes of this Code section, the term "infectious or
communicable disease" shall include the following: (1) Infectious hepatitis; (2) Tuberculosis; (3) Any venereal disease enumerated in Code Section 31-17-1; or (4) Acquired immune deficiency syndrome (AIDS). (b)(1) When a person who has been diagnosed as having an
infectious or communicable disease dies in a hospital or other
health care facility, the attending physician shall prepare a
written notification describing such disease to accompany the body
when it is picked up for disposition. (2) When a person dies outside of a hospital or health care
facility and without an attending physician, any family member or
person making arrangements for the disposition of the dead body
who knows that such dead person had been diagnosed as having an
infectious or communicable disease at the time of death shall
prepare a written notification describing such disease to
accompany the body when it is picked up for disposition. (3) Any person who picks up a dead body for disposition and who
has been notified that the person had been diagnosed as having an
infectious or communicable disease at the time of death pursuant
to the provisions of paragraph (1) or (2) of this subsection shall
present such notification accompanying the dead body to any
embalmer, funeral director, or other person taking possession of
the dead body. (c) Information regarding a deceased's infectious or communicable
disease and contained in a notification required to be prepared
pursuant to subsection (b) of this Code section shall be privileged
and confidential and may only be disclosed if: (1) That disclosure is required pursuant to Chapter 17 of this
title; (2) That disclosure is required by federal law, but only to the
extent so required; (3) That disclosure is made by a physician pursuant to Code Section 24-9-40 or any other law authorizing a physician to disclose otherwise privileged information; (4) That disclosure is for research purposes and does not reveal: (A) The identity of the deceased; or (B) Information which would reveal the identity of the deceased; (5) That disclosure involves information regarding sexual assault or sexual exploitation of a deceased child and is required to be reported pursuant to Code Section 19-7-5 or any other law requiring the reporting of such assault or exploitation of a child, but only to the extent that such disclosure is so required to be reported; (6) That disclosure involves information regarding a deceased
minor and the disclosure is made to the parent or guardian of that
minor; or (7) That disclosure is made to the person who picks up the dead
body or is made in the ordinary course of business to any employee
or agent of any person or entity authorized or required under this
Code section to receive or report that information. (d) Information privileged and confidential under this Code section
may not be disclosed pursuant to discovery proceedings, subpoena, or
court order. (e) Any disclosure authorized by this Code section or any
unauthorized disclosure of information or communications made
privileged and confidential by this Code section shall not in any
way abridge or destroy the confidential or privileged character
thereof except for the purposes for which any authorized disclosure
is made. Any person making a disclosure authorized by this chapter
shall not be liable therefor, notwithstanding any contrary
provisions of law. (f) Any person having duties imposed upon that person pursuant to
subsection (b) of this Code section who knowingly refuses or omits
to perform such duties shall be guilty of a misdemeanor. |