Section R9-6-1104. Court-ordered STD-related Testing

A.      A health care provider who receives the results of a test, ordered by the health care provider to detect an STD and per- formed 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, Arti- cle 8.

B.       A health care provider who receives the results of a test, ordered by the health care provider to detect an STD and per- formed 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, Arti- cle 9.

C.      When a court orders a test under A.R.S. § 13-1415 to detect a sexually-transmitted disease, the prosecuting attorney who petitioned the court for the order shall provide to the Depart- ment:

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 a sexually-transmitted disease as authorized by a court order issued under A.R.S. § 13-1415 shall:

1.        Be a certified laboratory, as defined in A.R.S. § 36-451;

2.        Use a test approved by the U.S. Food and Drug Adminis- tration for use in STD-related testing; and

3.        Report the test results for each subject to the submitting entity within five working days after obtaining the test results.

E.       A submitting entity that receives the results of a test to detect a sexually-transmitted disease that was performed as a result of a court order issued under A.R.S. § 13-1415 shall:

1.        Notify the Department within five working days after receiving the results of the test to detect a sexually-trans- mitted disease;

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 a sexually-transmitted disease, 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 a sexually-transmitted disease, if not provided as specified in subsection (E)(2)(b); and

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

F.       If the Department or a local health agency is notified by a sub- mitting entity as specified in subsection (E)(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.

G.      When the Department receives the results of a test to detect a sexually-transmitted disease that was performed for a subject as a result of a court order issued under A.R.S. § 13-1415, the Department shall:

1.        Provide to the victim:

a.        A description of the results of the test to detect the sexually-transmitted disease,

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

c.        A written copy of the test results for the sexually- transmitted disease; 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 the sexually-transmitted disease, and

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

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

1.        Provide to the victim:

a.        A description of the results of the test to detect the sexually-transmitted disease;

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

c.        A written copy of the test results for the sexually- transmitted disease; 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 the sexually-transmitted disease.

Historical Note

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

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