[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR1.487]

[Page 32-33]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 1_GENERAL PROVISIONS--Table of Contents
 
Sec. 1.487  Disclosure of information related to infection with the

human immunodeficiency virus to the spouse or sexual partner of the patient.

    (a) Subject to paragraph (b) of this section, a physician or a 
professional counselor may disclose information or records indicating 
that a patient is infected with the HIV if the disclosure is made to the 
spouse of the patient, or to an individual whom the patient has, during 
the process of professional counseling or of testing to determine 
whether the patient is infected with such virus, identified as being a 
sexual partner of such patient.
    (b) A disclosure under this section may be made only if the 
physician or

[[Page 33]]

counselor, after making reasonable efforts to counsel and encourage the 
patient to provide the information to the spouse or sexual partner, 
reasonably believes that the patient 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.
    (c) A disclosure under this section may be made by a physician or 
counselor other than the physician or counselor referred to in paragraph 
(b) of this section if such physician or counselor is unavailable by 
reason of extended absence or termination of employment to make the 
disclosure.

(Authority: 38 U.S.C. 7332(b))