Middlebrooks v. State Board Of Health
710 So. 2d 891 (1998)
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
D is a physician who specializes in infectious diseases. D diagnoses and treats patients who are infected with HIV and AIDS. Under the provisions of § 22-11A-2, D is within the class of persons required to report all cases of HIV infection and AIDS to P. The required reports are to include the names and addresses of persons infected. D was contacted by P, who requested that he comply with the reporting mandate of the statute and with the rules of P. D provided certain statistical data, as the statute and regulatory rules required, but he refused to provide the names and addresses of his patients. P filed this action against seeking to compel D to disclose the names and addresses of his HIV and AIDS patients, as required by statute and rule. The trial court entered an order compelling disclosure. D appealed. D contends that the statutory and regulatory scheme violates the Equal Protection Clause of the Fourteenth Amendment because persons or entities not listed in the statute are authorized by regulations adopted by the Federal Food and Drug Administration to sell confidential HIV-testing kits and the sellers of those kits are not required to report the names and addresses of the purchasers. D argues that he is subjected to discriminatory treatment because he is required to report the names and addresses of his HIV and AIDS patients while those who sell the testing kits and out-of-state testing laboratories that evaluate the test results are not required to report the names and addresses of those persons who test positive.
Issues
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Holding & Decision
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Legal Analysis
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