The purpose of the Memorandum of Understanding is to emphasize that all information held in client records is confidential, with access governed by state and federal laws. Information which is confidential includes a client’s name, address, date of birth, medical, social, and financial data, and services received. In addition, the fact that someone has had an HIV test is confidential, whether the result of that test is positive, negative or if there is a client self-disclosure. Data collection by interview, observation or review of documents should be conducted in a setting that protects the client’s identity from unauthorized individuals.
Section 384.29, Florida Statutes, address the need for special discretion in the handling of sexually transmissible disease information. Sexually transmissible disease, by their nature, involves sensitive issues of privacy and all programs designed to deal with these diseases should afford privacy and confidentiality to the client.
Section 381.609, Florida Statutes, deals with confidentiality of HIV test results. There are penalties for violating this statute. These penalties range from disciplinary action by agency to a criminal misdemeanor.
