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No search warrant may be issued for documentary evidence possessed by a lawyer, physician, psychotherapist, or clergy member who is not suspected of criminal activity unless the special master procedure is followed.


A victim with probable cause of fluid contact with defendant may request HIV testing of the defendant via search warrant. The local health officer will then disclose the results to both the victim and defendant. The victim may disclose test results as necessary to protect personal health and safety or the health and safety of the victim's family or sexual partner. Both the local health officer and victim are required to comply with all laws and policies regarding medical confidentiality and a violation of which is subject to a misdemeanor charge.


Patient records maintained by a health facility that include the patient's identity, diagnosis, prognosis or treatment shall only be disclosed to law enforcement agencies if the patient gives prior written consent, a court authorizes an order, or the agency obtains a search warrant. Disclosure of information from records should be limited to the extent necessary. Disclosure of privileged records required to be secured by a special master are not authorized for disclosure under this section

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