Staff Analysis of the Legislation
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HB 119 seeks to amend Code Section 24-12-21 of the O.C.G.A. relating to the disclosure of AIDS confidential information. The bill revises subsection (s) of the Code Section by adding subparagraph (c) which includes the suspicion of mental illness and can be proven by the court by clear and convincing evidence a compelling need for such confidential information which cannot be accommodated by any other means. Such assessment of need shall include the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. The records of such hearing shall be under seal. |
