Section R9-6-1006. Notification

A.      The Department or the Department’s designee shall confiden- tially notify an individual reported to be at risk for HIV infec- tion, as required under A.R.S. § 36-664(J), if all of the following conditions are met:

1.        The Department receives the report of risk for HIV infec- tion in a document that includes the following:

a.        The name and address of the individual reported to be at risk for HIV infection or enough other identify- ing information about the individual to enable the individual to be recognized and located,

b.        The name and address of the HIV-infected individ- ual placing the individual named under subsection (A)(1)(a) at risk for HIV infection,

c.        The name and address of the individual making the report, and

d.        The type of exposure placing the individual named under subsection (A)(1)(a) at risk for HIV infection;

2.        The individual making the report is in possession of con- fidential HIV-related information; and

3.        The Department determines that the information provided in the report is accurate and contains sufficient detail to:

a.        Indicate that the exposure described as required in subsection (A)(1)(d) constitutes a significant expo- sure for the individual reported to be at risk for HIV infection, and

b.        Enable the individual reported to be at risk for HIV infection to be recognized and located.

B.       As authorized under A.R.S. § 36-136(L), the Department shall notify the superintendent of a school district in a confidential document that a pupil of the school district tested positive for HIV if the Department determines that:

1.        The pupil places others in the school setting at risk for HIV infection; and

2.        The school district has an HIV policy that includes the following provisions:

a.        That a school shall not exclude a pupil who tested positive for HIV from attending school or school

functions or from participating in school activities solely due to HIV infection;

b.        That school district personnel who are informed that a pupil tested positive for HIV shall keep the infor- mation confidential; and

c.        That the school district shall provide HIV-education programs to pupils, parents or guardians of pupils, and school district personnel through age-appropri- ate curricula, workshops, or in-service training ses- sions.

Historical Note

New Section made by final rulemaking at 14 A.A.R.

1502, effective April 1, 2008 (Supp. 08-2).