Section R9-6-1004. Court-ordered HIV-related Testing

A.      A health care provider who receives the results of a test, ordered by the health care provider to detect HIV infection and performed as a result of a court order issued under A.R.S. § 13-1210, shall comply with the requirements in 9 A.A.C. 6, Article 8.

B.       A health care provider who receives the results of a test, ordered by the health care provider to detect HIV infection and performed as a result of a court order issued under A.R.S. § 32-3207, shall comply with the requirements in 9 A.A.C. 6, Article 9.

C.      When a court orders a test under A.R.S. §§ 8-341 or 13-1415 to detect HIV infection, the prosecuting attorney who peti- tioned the court for the order shall provide to the Department:

1.        A copy of the court order, including an identifying num- ber associated with the court order;

2.        The name and address of the victim; and

3.        The name and telephone number of the prosecuting attor- ney or the prosecuting attorney’s designee.

D.      A person who tests a specimen of blood or another body fluid from a subject to detect HIV infection as authorized by a court order issued under A.R.S. §§ 8-341 or 13-1415 shall:

1.        Use a screening test; and

2.        If the test results from a screening test on the specimen indicate a positive result, retest the specimen using a con- firmatory test.

E.       A person who performs a test described in subsection (D) shall report the test results for each subject to the submitting entity within five working days after obtaining the test results.

F.       A submitting entity that receives the results of a test to detect HIV infection that was performed for a subject as a result of a court order issued under A.R.S. §§ 8-341 or 13-1415 shall:

1.        Notify the Department within five working days after receiving the results of the test to detect HIV infection;

2.        Provide to the Department:

a.        A written copy of the court order,

b.        A written copy of the results of the test to detect HIV infection, and

c.        The name and telephone number of the submitting entity or submitting entity’s designee; and

3.        Either:

a.        Comply with the requirements in:

i.      R9-6-802(A)(2)(a) and (b), R9-6-802(D), and

R9-6-802(F) through (J) for a subject who is not incarcerated or detained; and

ii. R9-6-802(B), R9-6-802(D) through (G), and R9-6-802(J) for a subject who is incarcerated or detained; or

b.        Provide to the Department or the local health agency in whose designated service area the subject is liv- ing:

i.         The name and address of the subject;

ii.        A written copy of the results of the test to detect HIV infection, if not provided as specified in subsection (F)(2)(b); and

iii.      Notice that the submitting entity did not pro- vide notification as specified in subsection (F)(3)(a).

G.      If the Department or a local health agency is notified by a sub- mitting entity as specified in subsection (F)(3)(b), the Depart- ment or local health agency shall comply with the requirements in:

1.     R9-6-802(A)(2)(a)  and  (b),   R9-6-802(D),  and  R9-6-

802(F) through (J) for a subject who is not incarcerated or detained; and

2.     R9-6-802(B), R9-6-802(D) through (G), and R9-6-802(J)

for a subject who is incarcerated or detained.

H.      When the Department receives a written copy of the results of a test to detect HIV infection that was performed for a subject as a result of a court order issued under A.R.S. §§ 8-341 or 13- 1415, the Department shall either:

1.        Provide to the victim:

a.        A description of the results of the test to detect HIV- infection;

b.        The information specified in R9-6-802(D); and

c.        A written copy of the test results; or

2.        Provide to the local health agency in whose designated service area the victim is living:

a.        The name and address of the victim,

b.        A written copy of the results of the test to detect HIV infection, and

c.        Notice that the Department did not provide notifica- tion as specified in subsection (H)(1).

I.        If a local health agency is notified by the Department as speci- fied in subsection (H)(2), the local health agency shall:

1.        Provide to the victim:

a.        A description of the results of the test to detect HIV infection;

b.        The information specified in R9-6-802(D); and

c.        A written copy of the test results; or

2.        If the local health agency is unable to locate the victim, notify the Department that the local health agency did not inform the victim of the results of the test to detect HIV infection.

Historical Note

Section R9-6-1004 renumbered from R9-6-1003 and amended by final rulemaking at 14 A.A.R. 1502, effec- tive April 1, 2008 (Supp. 08-2).