Pennsylvania Statutes Title 35 P.S. Health and Safety § 7620.304. Prohibition

(1) The results of HIV-related testing of the defendant may not be used to establish guilt of the defendant.

(2) The results of HIV-related testing may only be disclosed to the following:

(3) Notice shall be given to the victim and to the defendant regarding the results of the HIV-related testing of the defendant as soon as is practicable.  Counseling regarding HIV and AIDS for the victim and for the defendant shall be provided.  In addition, follow-up HIV-related testing for the defendant shall be provided as medically appropriate.  Notice of the results of any follow-up HIV-related testing shall be provided to the victim and the defendant as soon as is practicable.

(4) HIV-related testing shall only be performed by licensed health care providers.  Except for fulfilling the reporting requirements of the act of April 23, 1956 (1955 P.L. 1510, No. 500),  1 known as the Disease Prevention and Control Law of 1955, the results of the HIV-related testing of the defendant and any follow-up tests of the defendant shall be kept confidential.

(5) Licensed health care professionals who conduct testing or perform counseling or other HIV-related and AIDS-related services pursuant to this act shall not be subject to civil liability for acts committed in good faith.

(6) The court may order that the cost of the HIV-related testing and any follow-up testing of the defendant be borne by the Department of Health or the Department of Corrections or by the defendant if the defendant is an adult, as appropriate.  However, upon conviction, the court shall order that the cost of the defendant's HIV-related testing and the cost of any follow-up testing be assessed against the defendant if the defendant is an adult.  In no event shall the victim pay for HIV-related testing.