31-21-3. Death of person with infectious or communicable disease; reporting requirements; confidentiality; penalty.

As used in this Code section, the term “infectious or communicable disease” shall include the following:#

1. (1)

   Infectious hepatitis;#

2. (2)

   Tuberculosis;#

3. (3)

   Any sexually transmitted disease as defined in Code Section 31-17-1; and#

4. (4)

   Acquired immune deficiency syndrome (AIDS).#

1. (1)

   When a person who has been diagnosed as having an infectious or communicable disease dies in a hospital or other health care facility, the attending physician shall prepare a written notification describing such disease to accompany the body when it is picked up for disposition.#

2. (2)

   When a person dies outside of a hospital or health care facility and without an attending physician, any family member or person making arrangements for the disposition of the dead body who knows that such dead person had been diagnosed as having an infectious or communicable disease at the time of death shall prepare a written notification describing such disease to accompany the body when it is picked up for disposition.#

3. (3)

   Any person who picks up a dead body for disposition and who has been notified that the person had been diagnosed as having an infectious or communicable disease at the time of death pursuant to the provisions of paragraph (1) or (2) of this subsection shall present such notification accompanying the dead body to any embalmer, funeral director, or other person taking possession of the dead body.#

Information regarding a deceased’s infectious or communicable disease and contained in a notification required to be prepared pursuant to subsection (b) of this Code section shall be privileged and confidential and may only be disclosed if:#

1. (1)

   That disclosure is required pursuant to Chapter 17 of this title;#

2. (2)

   That disclosure is required by federal law, but only to the extent so required;#

3. (3)

   That disclosure is made by a physician pursuant to Code Section 24-12-1 or any other law authorizing a physician to disclose otherwise privileged information;#

4. (4)

   That disclosure is for research purposes and does not reveal:#

   1. (A)

      The identity of the deceased; or#

   2. (B)

      Information which would reveal the identity of the deceased;#

5. (5)

   That disclosure involves information regarding sexual assault or sexual exploitation of a deceased child and is required to be reported pursuant to Code Section 19-7-5 or any other law requiring the reporting of such assault or exploitation of a child, but only to the extent that such disclosure is so required to be reported;#

6. (6)

   That disclosure involves information regarding a deceased minor and the disclosure is made to the parent or guardian of that minor; or#

7. (7)

   That disclosure is made to the person who picks up the dead body or is made in the ordinary course of business to any employee or agent of any person or entity authorized or required under this Code section to receive or report that information.#

Information privileged and confidential under this Code section may not be disclosed pursuant to discovery proceedings, subpoena, or court order.#

Any disclosure authorized by this Code section or any unauthorized disclosure of information or communications made privileged and confidential by this Code section shall not in any way abridge or destroy the confidential or privileged character thereof except for the purposes for which any authorized disclosure is made. Any person making a disclosure authorized by this chapter shall not be liable therefor, notwithstanding any contrary provisions of law.#

Any person having duties imposed upon that person pursuant to subsection (b) of this Code section who knowingly refuses or omits to perform such duties shall be guilty of a misdemeanor.#