§ 23-5-9 - Upon death – Report of infectious disease.
SECTION 23-5-9
§ 23-5-9 Upon death – Report ofinfectious disease. – (a) As used in this section, "infectious or communicable disease" includes thefollowing:
(1) Infectious hepatitis;
(2) Tuberculosis;
(3) Rabies;
(4) Tularemia;
(5) Herpes simplex;
(6) Acquired immune deficiency syndrome;
(7) Viral hemorrhagic fever;
(8) Gonorrhea;
(9) Syphilis;
(10) Burkett's lymphoma; and
(11) Kaposi's sarcoma.
(b) Notwithstanding the provisions of §§ 40.1-5-26and 5-37.3-4, when a person who has been diagnosed as having an infectious orcommunicable disease dies in a hospital or other health care facility, theattending physician or other responsible officer shall prepare a writtennotification describing the disease to accompany the body when the body ispicked up for disposition.
(c) Notwithstanding the provisions of §§ 40.1-5-26and 5-37.3-4, when a person dies outside of a hospital or health care facilityand without an attending physician, any family member or person makingarrangements for the disposition of the dead body who knows that the deadperson has been diagnosed as having an infectious or communicable disease atthe time of death shall make known that disposition.
(d) Notwithstanding the provisions of §§ 40.1-5-26and 5-37.3-4, any person who picks up or transports a dead body for dispositionand who has been notified pursuant to subdivision (2) or (3) of this sectionshall present a notification accompanying the dead body to any embalmer,funeral director, or other person taking possession of the dead body.
(e) Information regarding a deceased's infectious orcommunicable disease contained in a notification required under this sectionshall be privileged and confidential and may be disclosed only if thedisclosure is required under state or federal laws.
(f) Any person having duties imposed upon him or her undersubsection (b), (c), or (d) of this section who knowingly refuses or omits toperform those duties shall be subject to a fine of three hundred dollars ($300)for a first offense, five hundred dollars ($500) for a second offense, and onethousand dollars ($1000) for a third and subsequent offense within any calendaryear.