38 USC 7332: Medical records relating to drug abuse, alcoholism, or alcohol abuse, infection with the human immunodeficiency virus (HIV) or sickle cell anemia

            
 
          Sec. 7332. Confidentiality of certain medical records

    (a)(1) Records of the identity, diagnosis, prognosis, or treatment 
of any patient or subject which are maintained in connection with the 
performance of any program or activity (including education, training, 
treatment, rehabilitation, or research) relating to drug abuse, 
alcoholism or alcohol abuse, infection with the human immunodeficiency 
virus, or sickle cell anemia which is carried out by or for the 
Department under this title shall, except as provided in subsections (e) 
and (f), be confidential, and (section 5701 of this title to the 
contrary notwithstanding) such records may be disclosed only for the 
purposes and under the circumstances expressly authorized under 
subsection (b).
    (2) Paragraph (1) prohibits the disclosure to any person or entity 
other than the patient or subject concerned of the fact that a special 
written consent is required in order for such records to be disclosed.
    (b)(1) The content of any record referred to in subsection (a) may 
be disclosed by the Secretary in accordance with the prior written 
consent of the patient or subject with respect to whom such record is 
maintained, but only to such extent, under such circumstances, and for 
such purposes as may be allowed in regulations prescribed by the 
Secretary.
    (2) Whether or not any patient or subject, with respect to whom any 
given record referred to in subsection (a) is maintained, gives written 
consent, the content of such record may be disclosed by the Secretary as 
follows:
        (A) To medical personnel to the extent necessary to meet a bona 
    fide medical emergency.
        (B) To qualified personnel for the purpose of conducting 
    scientific research, management audits, financial audits, or program 
    evaluation, but such personnel may not identify, directly or 
    indirectly, any individual patient or subject in any report of such 
    research, audit, or evaluation, or otherwise disclose patient or 
    subject identities in any manner.
        (C)(i) In the case of any record which is maintained in 
    connection with the performance of any program or activity relating 
    to infection with the human immunodeficiency virus, to a Federal, 
    State, or local public-health authority charged under Federal or 
    State law with the protection of the public health, and to which 
    Federal or State law requires disclosure of such record, if a 
    qualified representative of such authority has made a written 
    request that such record be provided as required pursuant to such 
    law for a purpose authorized by such law.
        (ii) A person to whom a record is disclosed under this paragraph 
    may not redisclose or use such record for a purpose other than that 
    for which the disclosure was made.
        (D) If authorized by an appropriate order of a court of 
    competent jurisdiction granted after application showing good cause 
    therefor. In assessing good cause the court shall weigh the public 
    interest and the need for disclosure against the injury to the 
    patient or subject, to the physician-patient relationship, and to 
    the treatment services. Upon the granting of such order, the court, 
    in determining the extent to which any disclosure of all or any part 
    of any record is necessary, shall impose appropriate safeguards 
    against unauthorized disclosure.
        (E) To an entity described in paragraph (1)(B) of section 
    5701(k) of this title, but only to the extent authorized by such 
    section.

    (3) In the event that the patient or subject who is the subject of 
any record referred to in subsection (a) is deceased, the content of any 
such record may be disclosed by the Secretary only upon the prior 
written request of the next of kin, executor, administrator, or other 
personal representative of such patient or subject and only if the 
Secretary determines that such disclosure is necessary for such survivor 
to obtain benefits to which such survivor may be entitled, including the 
pursuit of legal action, but then only to the extent, under such 
circumstances, and for such purposes as may be allowed in regulations 
prescribed pursuant to section 7334 of this title.
    (c) Except as authorized by a court order granted under subsection 
(b)(2)(D), no record referred to in subsection (a) may be used to 
initiate or substantiate any criminal charges against, or to conduct any 
investigation of, a patient or subject.
    (d) The prohibitions of this section shall continue to apply to 
records concerning any person who has been a patient or subject, 
irrespective of whether or when such person ceases to be a patient.
    (e) The prohibitions of this section shall not prevent any 
interchange of records--
        (1) within and among those components of the Department 
    furnishing health care to veterans, or determining eligibility for 
    benefits under this title; or
        (2) between such components furnishing health care to veterans 
    and the Armed Forces.

    (f)(1) Notwithstanding subsection (a) but subject to paragraph (2), 
a physician or a professional counselor may disclose information or 
records indicating that a patient or subject is infected with the human 
immunodeficiency virus if the disclosure is made to (A) the spouse of 
the patient or subject, or (B) to an individual whom the patient or 
subject has, during the process of professional counseling or of testing 
to determine whether the patient or subject is infected with such virus, 
identified as being a sexual partner of such patient or subject.
    (2)(A) A disclosure under paragraph (1) may be made only if the 
physician or counselor, after making reasonable efforts to counsel and 
encourage the patient or subject to provide the information to the 
spouse or sexual partner, reasonably believes that the patient or 
subject will not provide the information to the spouse or sexual partner 
and that the disclosure is necessary to protect the health of the spouse 
or sexual partner.
    (B) A disclosure under such paragraph may be made by a physician or 
counselor other than the
physician or counselor referred to in subparagraph (A) if such physician 
or counselor is unavailable by reason of absence or termination of 
employment to make the disclosure.
    (g) Any person who violates any provision of this section or any 
regulation issued pursuant to this section shall be fined, in the case 
of a first offense, up to the maximum amount provided under section 
5701(f) of this title for a first offense under that section and, in the 
case of a subsequent offense, up to the maximum amount provided under 
section 5701(f) of this title for a subsequent offense under that 
section.

(Added Pub. L. 94-581, title I, Sec. 111(a)(1), Oct. 21, 1976, 90 Stat. 
2849, Sec. 4132; amended Pub. L. 100-322, title I, Sec. 121, May 20, 
1988, 102 Stat. 502; renumbered Sec. 7332 and amended Pub. L. 102-40, 
title IV, Secs. 401(a)(4)(A), 402(d)(1), 403(a)(1), (2), (4), (5), 
May 7, 1991, 105 Stat. 221, 239; Pub. L. 109-461, title II, Sec. 204(b), 
Dec. 22, 2006, 120 Stat. 3411.)
                               Amendments

    2006--Subsec. (b)(2)(E). Pub. L. 109-461 added subpar. (E).
    1991--Pub. L. 102-40, Sec. 401(a)(4)(A), renumbered section 4132 of 
this title as this section.
    Subsec. (a)(1). Pub. L. 102-40, Sec. 403(a)(4), struck out ``of this 
section'' after ``subsections (e) and (f)'' and after ``subsection 
(b)''.
    Pub. L. 102-40, Sec. 403(a)(2), substituted ``Department'' for 
``Veterans' Administration''.
    Pub. L. 102-40, Sec. 402(d)(1), substituted ``5701'' for ``3301''.
    Subsec. (a)(2). Pub. L. 102-40, Sec. 403(a)(4), struck out ``of this 
subsection'' after ``Paragraph (1)''.
    Subsec. (b)(1). Pub. L. 102-40, Sec. 403(a)(4), struck out ``of this 
section'' after ``subsection (a)''.
    Pub. L. 102-40, Sec. 403(a)(1), substituted ``Secretary'' for 
``Administrator'' in two places.
    Subsec. (b)(2). Pub. L. 102-40, Sec. 403(a)(4), struck out ``of this 
section'' after ``subsection (a)'' in introductory provisions.
    Pub. L. 102-40, Sec. 403(a)(1), substituted ``Secretary'' for 
``Administrator'' in introductory provisions.
    Subsec. (b)(3). Pub. L. 102-40, Sec. 403(a)(4), struck out ``of this 
section'' after ``subsection (a)''.
    Pub. L. 102-40, Sec. 403(a)(1), substituted ``Secretary'' for 
``Administrator'' in two places.
    Pub. L. 102-40, Sec. 402(d)(1), substituted ``7334'' for ``4134''.
    Subsec. (c). Pub. L. 102-40, Sec. 403(a)(4), struck out ``of this 
section'' after ``subsection (b)(2)(D)'' and after ``subsection (a)''.
    Subsec. (e)(1). Pub. L. 102-40, Sec. 403(a)(2), substituted 
``Department'' for ``Veterans' Administration''.
    Subsec. (f)(1). Pub. L. 102-40, Sec. 403(a)(4), struck out ``of this 
section'' after ``subsection (a)'' and ``of this subsection'' after 
``paragraph (2)''.
    Subsec. (f)(2)(A). Pub. L. 102-40, Sec. 403(a)(4), struck out ``of 
this subsection'' after ``paragraph (1)''.
    Subsec. (f)(2)(B). Pub. L. 102-40, Sec. 403(a)(5), struck out ``of 
this paragraph'' after ``subparagraph (A)''.
    Subsec. (g). Pub. L. 102-40, Sec. 402(d)(1), substituted ``5701(f)'' 
for ``3301(f)'' in two places.
    1988--Subsec. (a). Pub. L. 100-322, Sec. 121(a), (e)(1), designated 
existing provisions as par. (1), inserted ``infection with the human 
immunodeficiency virus,'' after ``alcohol abuse,'', substituted 
``subsections (e) and (f)'' for ``subsection (e)'', and added par. (2).
    Subsec. (b)(1). Pub. L. 100-322, Sec. 121(b)(1), struck out 
``pursuant to section 4134 of this title'' before period at end.
    Subsec. (b)(2)(C), (D). Pub. L. 100-322, Sec. 121(b)(2), added 
subpar. (C) and redesignated former subpar. (C) as (D).
    Subsec. (c). Pub. L. 100-322, Sec. 121(e)(2), substituted 
``subsection (b)(2)(D)'' for ``subsection (b)(2)(C)''.
    Subsec. (f). Pub. L. 100-322, Sec. 121(c)(2), added subsec. (f). 
Former subsec. (f) redesignated (g).
    Subsec. (g). Pub. L. 100-322, Sec. 121(c)(1), (d), redesignated 
subsec. (f) as (g) and substituted ``shall be fined, in the case of a 
first offense, up to the maximum amount provided under section 3301(f) 
of this title for a first offense under that section and, in the case of 
a subsequent offense, up to the maximum amount provided under section 
3301(f) of this title for a subsequent offense under that section.'' for 
``shall be fined not more than $500 in the case of a first offense, and 
not more than $5,000 in the case of each subsequent offense''.