Privacy Law Library

AIDS Prevention Act: Confidentiality of HIV Test Records

MT HIV Confidentiality

Health

Montana bars disclosing the identity of a person tested for HIV or their results in an identifiable way, except as allowed under the Uniform Health Care Information Act and related law. People harmed can sue for statutory damages.

Where
Montana
Citation
Mont. Code Ann. 50-16-1009, 50-16-1013
Status
In force
In force since
1989-10-01
Last amended
2009-10-01
Enforced by
Montana Department of Public Health and Human Services (civil); county attorneys (criminal); private plaintiffs
People can sue
Yes
Penalties
Unlawful disclosure is a misdemeanor ($1,000 fine and/or 1 year) (50-16-1009(3)); civil damages of the greater of $5,000 or actual damages for negligent violations and $20,000 or actual damages for intentional or reckless violations, plus attorney fees (50-16-1013).
Applies to
  • Any person holding the identity of an HIV test subject or test results (50-16-1009(1))

Practices it requires

  • Do not disclose, or compel disclosure of, an HIV test subject's identity or results in an identifiable way except as allowed by law.Mont. Code Ann. 50-16-1009(1)

Other duties

  • Providers informing a subject of a positive result must encourage the subject to notify contacts and may seek voluntary authorization to notify them.Mont. Code Ann. 50-16-1009(2)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Effective dates inferred from history notes (En. Ch. 614, L. 1989; amd. Ch. 362, L. 2009) and the default October 1 rule.

Research reference, not legal advice.