-The people of the State of Idaho do enact as follows:
SECTION 1.Section 601 of Title 39 is amended to read:
39-601. SEXUALLY TRANSMISSIBLE DISEASES ENUMERATED. For the purposes of this chapter, “sexually transmissible disease” shall refer specifically to syphilis, gonorrhea, human immunodeficiency virus (HIV), chlamydia and hepatitis B virus (HBV).
SECTION 2.Section 602 of Title 39 is amended to read: 39-602. REPORT OF SEXUALLY TRANSMISSIBLE DISEASE TO HEALTH AUTHORITIES. Any physician or other person who makes a diagnosis of or treats a sexually transmissible disease, and any person authorized by an individual who has made such a diagnosis, shall immediately make a report of such case to the department of health and welfare, according to such form and manner as the state board of health and welfare shall direct. SECTION 3.Section 603 of Title 39 is repealed. SECTION 4.Section 604 of Title 39 is amended to read: 39-604. TESTING OF INDIVIDUALS IN CONFINEMENT AND INDIVIDUALS ACCUSED OF A SEX OFFENSE (1)As used in this section, “body fluid” shall mean blood, semen, vaginal secretions, and anal secretions. (2)All persons who shall be confined or imprisoned in any state prison shall be examined on admission, and again upon the offender’s request before release, for the presence of sexually transmissible diseases. If it is discovered that an inmate has a sexually transmissible disease, said inmate shall be offered treatment by the facility in which they are confined. This initial examination is not intended to limit any usual or customary medical examinations that might be indicated during a person’s confinement. Nothing herein contained shall be construed to interfere with the service of any sentence imposed by a court. Nothing contained in this section shall be construed to impose upon any state or local correctional facility an obligation to be financially responsible for such treatment after the person is released from the state or local correctional facility. (3)All persons who shall be confined in any county or city jail may be examined for the sexually transmissible diseases enumerated in section 39-601, Idaho Code, if either the inmate or facility healthcare workers reasonably believe the inmate has been exposed to a disease enumerated in section 39-601, Idaho Code. If it is discovered the inmate has a sexually transmissible disease, the inmate shall be offered treatment by the facility in which they are confined. (4)Victims of any sexual offense in which body fluid is transferred shall be offered a course of treatment to prevent the transmission of sexually transmissible diseases as enumerated in section 39-601, Idaho Code. Such treatment shall include post-exposure prophylaxis to prevent the transmission of HIV. If the victim is covered by private insurance, Medicare, or Medicaid, those services will bear the cost of treatment to the extent that such coverage allows. Other costs of this treatment will be paid for by Victims Services funding. SECTION 5.Section 605 of Title 39 is amended to read: 39-605. RULES FOR CARRYING OUT LAW. The state board of health and welfare is hereby empowered and directed to make such rules as shall be necessary for the carrying out of the provisions of this chapter. By January 1, 2020, existing rules shall be reviewed to ensure their consistency with this Chapter, as amended. Any rules in force as of January 1, 2020, that are inconsistent with the provisions of this Chapter, as amended, or that would be unnecessary for enforcement of this Chapter, as amended, shall be repealed and considered unenforceable. Such rules may be amended from time to time by the state board of health and welfare. SECTION 6.Section 606 of Title 39 is amended to read: 39-605. CONFIDENTIALITY OF RECORDS (1)Reports to the director of the department of health and welfare of the diagnosis of diseases enumerated in this chapter shall be made by the name of the patient diagnosed. (2)Confidential disease reports containing patient identification reported under this section shall only be used by public health officials who must conduct investigations and shall be subject to disclosure according to chapter 1, title 74, Idaho Code. (3)Any person who willfully or maliciously discloses the content of any confidential public health record, as described herein to any third party, except pursuant to a written authorization by the person who is the subject of the record or by his or her guardian or conservator, or as otherwise authorized by law, shall be guilty of a misdemeanor. (4)“Confidential public health record” shall, for the purposes of this chapter, mean any paper or electronic record that includes data or information in a manner that identifies personal information, including, but not limited to, name, social security number, address, employer, medical history, health status, or other information that may directly or indirectly lead to the identification of the individual who is the subject of the record. SECTION 7:Section 607 of Title 39 is amended to read: 39-607. INTENTIONAL TRANSMISSION OF A SEXUALLY TRANSMISSIBLE DISEASE (1)[Intentional Transmission of a Sexually Transmissible Disease] a)A defendant is guilty of intentional transmission of a sexually transmissible disease IF: 1.The defendant knows that they have a sexually transmissible disease enumerated in section 39-601, Idaho Code; 2.The defendant acts with the specific intent to transmit that disease to another person; 3.The defendant engages in conduct that poses a substantial risk of transmission to that person; 4.The defendant actually transmits the sexually transmissible disease to that person; AND 5.The other person is unaware that the defendant has a sexually transmissible disease. b)The defendant does not act with the specific intent required in subparagraph (a)(2) if the defendant takes, or attempts to take, practical means to prevent transmission. c)Failure to take practical means to prevent transmission alone is insufficient to prove the intent required pursuant to subparagraph (a)(2) of this section. d)Becoming pregnant while one has a sexually transmissible disease, acquiring a sexually transmissible disease while pregnant, continuing a pregnancy while one has a sexually transmissible disease, and/or declining treatment for a sexually transmissible disease during pregnancy shall not result in criminal liability under this section. e)For the purposes of this section, the following definitions shall apply: 1.“Conduct that poses a substantial risk of transmission” means an activity that has a reasonable probability of disease transmission as proven by competent medical or epidemiological evidence. Conduct that has been determined to pose a low risk of transmission by the Centers for Disease Control and Prevention or other epidemiological evidence does not meet the definition of conduct that poses a substantial risk of transmission. 2.“Practical means to prevent transmission” shall mean any method, device, behavior, or activity demonstrated scientifically to measurably limit, reduce, or eliminate the risk of transmission of a sexually transmissible disease, including, but not limited to, the use of a barrier protection or prophylactic device such as condoms or adherence to an appropriate medical treatment regimen for that sexually transmissible disease as determined by a physician. f)This section does not preclude a defendant from asserting any common law defense. g)Any person who violates paragraph (a) of subdivision (1) is, upon conviction thereof, guilty of a misdemeanor, and shall be punished by a fine of no more than three hundred dollars ($300) or by imprisonment in the county or city jail for no more than six (6) months. h)A person who attempts to intentionally transmit a sexually transmissible disease by engaging in the conduct described in paragraph (a) of subdivision (1) without actual transmission of the sexually transmissible disease is guilty of a misdemeanor, and shall, upon conviction thereof, be punished a fine of no more than three hundred dollars ($300) or by imprisonment in the county or city jail for up to 90 days. i)When alleging a violation of subdivision (1), the prosecuting attorney, law enforcement, or grand jury shall substitute a pseudonym for the true name of the complainant(s) and defendant. 1.The actual name and other identifying characteristics of the complainant(s) and defendant shall be revealed to the defendant and their attorney(s), and to the court only in camera. The court shall seal that information from further revelation, except to the defendant and their attorney. 2.Unless the defendant requests otherwise, a court in which a violation of this section is filed shall, at the earliest opportunity, issue an order that the parties, the complainant(s), material witnesses, counsel and their agents, law enforcement personnel, and court staff, before a finding of guilt, not publicly disclose the name or other identifying characteristics of the defendant. 3.Unless the complainant(s) requests otherwise, a court in which a violation of this section is filed shall, at the earliest opportunity, issue an order that the parties, the complainant(s), material witnesses, counsel and their agents, law enforcement personnel, and court staff, before a finding of guilt, not publicly disclose the name or other identifying characteristics of the complainant(s). j)For the purposes of this section, “identifying characteristics” shall include, but is not limited to, the name or any part of the name, address or any part the address, city or unincorporated area of residence, age, marital status, relationship to the complainant(s) or defendant, race or ethnic background, or place of employment. k)A court, upon a finding of probable cause that an individual has violated this section, may order the production of the individual’s medical records or the attendance of a person with relative knowledge thereof, so long as the return of the records or attendance of the person pursuant to the subpoena is submitted initially to the court for an in-camera inspection. Only upon a finding by the court that the records or proffered testimony are relevant to the pending offense, the information produced pursuant to the court’s order shall be disclosed to the prosecuting entity. 1.A defendant’s medical records, medications, prescriptions, or medical devices shall not be used as the sole basis of establishing the specific intent required by subparagraph (a)(2). 2.Surveillance reports and records maintained by state and local health officials may not be subpoenaed or released for the purposes of establishing the specific intent require under subparagraph (a)(2). A court shall take judicial notice of any fact establishing an element of the offense upon the defendant’s motion or stipulation. 3.A defendant is not prohibited from submitting medical evidence to show the absence of the specific intent required under subparagraph (a)(2). l)A conviction under this section alone is insufficient to subject an individual to the requirements and restrictions of chapter 83, title 18, Idaho Code. m)An attempt to donate organs, tissue, blood, or sperm is insufficient on its own to prove the specific intent pursuant to subparagraph (a)(2) of this section. SECTION 8.Section 608 of Title 39 is repealed. SECTION 9.Section 608A is added to Title 39, to read: 39-608A. EXECUTIVE CLEMENCY FOR PAST CONVICTIONS. A person who is serving a sentence as a result of a violation of Section 39-608 as it read on December 31, 2019, whether by trial or by plea, may petition the Governor for executive clemency within three (3) years of this law coming into effect. The governor shall consider clemency in light of the underlying conduct at issue and changes in the standards for criminal liability under this chapter. Such a petition shall not be considered an admission of guilt in the underlying conduct. Nothing in this section or in related sections is intended to diminish or abrogate the finality of judgments of any case not falling within the purview of this section.
SECTION 10: Section 609 of Title 39 is amended to read:
39-609. DECLARATION OF POLICY. The legislature declares that an effective response to the spread of sexually transmissible infections requires that people feel safe and protected in testing and engaging in care and treatment for these conditions and that all individuals take responsibility for their own sexual health. This law seeks to create a legal regime emphasizing public health and personal responsibility. The legislature further finds that reporting of sexually transmissible disease infections to public health officials is essential to enable a better understanding of the respective diseases, the scope of exposure, the impact on the community, and the means of control and declares that efforts to control the diseases should include public education, counseling, and voluntary testing and that restrictive enforcement measures should be used only when necessary to protect the public health. It is hereby declared to be the policy of this state that an effective program of preventing the spread of sexually transmissible diseases must maintain the confidentiality of patient information and restrict the use of such information solely to public health requirements. This is not intended to limit the usual and customary exchange of information between health care providers.
SECTION 11: Section 610 of Title 39 is amended to read:
39-610. DISCLOSURE OF HIV AND HBV REPORTING INFORMATION (1)Confidential public health records as defined in this chapter, Section 39-605(4), shall be subject to disclosure according to chapter 1, title 74, Idaho Code, shall not be discoverable, and shall not be compelled to be produced in any civil or administrative hearing. (2)The department of health and welfare shall, in a manner established by rules and regulations, accept from persons involved in providing emergency or medical services reports of significant exposures to the blood or body fluids of a patient or deceased person. The department of health and welfare shall promulgate rules and regulations defining the term “significant exposure” as used in this section. Upon receipt of a report made pursuant to section 39-602, Idaho Code, confirming the presence of HIV or HBV virus in a patient or a deceased person, the director of the department of health and welfare, or his designee, shall immediately contact and advise any and all persons who, on the basis of information then or thereafter reported to the department, have had a significant exposure to the blood or body fluids of that infected patient or deceased person. The significantly exposed person shall be informed only that he may have been exposed to HIV or HBV, as the case may be, and thereafter advised of whatever prophylactic and testing procedures are appropriate. The significantly exposed person shall not be informed of the name of the infected patient or deceased person. Additionally, the department of health and welfare shall, to the greatest extent consistent with public health requirements, maintain the confidentiality of the identity of the significantly exposed person. (3)Public health authorities may disclose personally identifying information in public health records, as described in section 39-606, Idaho Code, to other local or state public health agencies when the confidential information is necessary to carry out the duties of the agency in the investigation, control and surveillance of disease, as determined by the state board of health and welfare, or as otherwise authorized by law. (4)Nothing in this chapter imposes liability or criminal sanction for disclosure or nondisclosure of the results of a blood test to detect HIV or HBV virus in accordance with any reporting requirements of the department of health and welfare.