Section 45Sec./Art. 45

Exceptions. - Confidential HIV and AIDS information may be released by HIV testing facilities without consent in the following instances:

(a) When complying with reportorial requirements of the national active passive surveillance system of the DOH: Provided, That the information related to a person's identify shall remain confidential;

(b) When informing other health workers directly involved in the treatment or care of a PLHIV: Provided, That such worker shall be required to perform the duty of shared medical confidentiality; and

(c) When responding to a subpoena duces tecum and subpoena ad testificandum issued by a court with jurisdiction over a legal proceeding where the main issue is the HIV status of an individual: Provided, That the confidential medical record, after having been verified for accuracy by the head of the office or department, shall remain anonymous and unlinked and shall be properly sealed by its lawful custodian, hand delivered to the court, and personally opened by the judge: Provided, further, That the judicial proceedings be held in executive session.