§ 2785. Court authorization for disclosure of confidential HIV related
information. 1. Notwithstanding any other provision of law, no court
shall issue an order for the disclosure of confidential HIV related
information, except a court of record of competent jurisdiction in
accordance with the provisions of this section.

2. A court may grant an order for disclosure of confidential HIV
related information upon an application showing: (a) a compelling need
for disclosure of the information for the adjudication of a criminal or
civil proceeding; (b) a clear and imminent danger to an individual whose
life or health may unknowingly be at significant risk as a result of
contact with the individual to whom the information pertains; (c) upon
application of a state, county or local health officer, a clear and
imminent danger to the public health; or (d) that the applicant is
lawfully entitled to the disclosure and the disclosure is consistent
with the provisions of this article.

3. Upon receiving an application for an order authorizing disclosure
pursuant to this section, the court shall enter an order directing that
all pleadings, papers, affidavits, judgments, orders of the court,
briefs and memoranda of law which are part of the application or the
decision thereon, be sealed and not made available to any person, except
to the extent necessary to conduct any proceedings in connection with
the determination of whether to grant or deny the application, including
any appeal. Such an order shall further direct that all subsequent
proceedings in connection with the application shall be conducted in
camera, and, where appropriate to prevent the unauthorized disclosure of
confidential HIV related information, that any pleadings, papers,
affidavits, judgments, orders of the court, briefs and memoranda of law
which are part of the application or the decision thereon not state the
name of the individual concerning whom confidential HIV related
information is sought.

4. (a) The individual concerning whom confidential HIV related
information is sought and any person holding records concerning
confidential HIV related information from whom disclosure is sought
shall be given adequate notice of such application in a manner which
will not disclose to any other person the identity of the individual,
and shall be afforded an opportunity to file a written response to the
application, or to appear in person for the limited purpose of providing
evidence on the statutory criteria for the issuance of an order pursuant
to this section.

(b) The court may grant an order without such notice and opportunity
to be heard, where an ex parte application by a public health officer
shows that a clear and imminent danger to an individual whose life or
health may unknowingly be at risk requires an immediate order.

(c) Service of a subpoena shall not be subject to this subdivision.

5. In assessing compelling need and clear and imminent danger, the
court shall provide written findings of fact, including scientific or
medical findings, citing specific evidence in the record which supports
each finding, and shall weigh the need for disclosure against the
privacy interest of the protected individual and the public interest
which may be disserved by disclosure which deters future testing or
treatment or which may lead to discrimination.

6. An order authorizing disclosure of confidential HIV related
information shall:

(a) limit disclosure to that information which is necessary to fulfill
the purpose for which the order is granted; and

(b) limit disclosure to those persons whose need for the information
is the basis for the order, and specifically prohibit redisclosure by
such persons to any other persons, whether or not they are parties to
the action; and

(c) to the extent possible consistent with this section, conform to
the provisions of this article; and

(d) include such other measures as the court deems necessary to limit
any disclosures not authorized by its order.