Section R9-6-902. Notice of Test Results

A.      Within 10 working days after the date of receipt of a labora- tory report for a test ordered by a health care provider as a result of a court order issued under A.R.S. § 32-3207, the ordering health care provider shall:

1.        If the test is conducted on the blood of a court-ordered subject who is incarcerated or detained:

a.        Provide a written copy of the laboratory report to the chief medical officer of the correctional facility in

which the court-ordered subject is incarcerated or detained; and

b.        Notify the petitioner’s occupational health provider in writing of the results of the test; and

2.        If the test is conducted on the blood of a court-ordered subject who is not incarcerated or detained:

a.        Unless the court-ordered subject is deceased, notify the court-ordered subject as specified in subsection (D);

b.        If requested by the court-ordered subject, provide a written copy of the laboratory report to the court- ordered subject; and

c.        Notify the petitioner’s occupational health provider in writing of the results of the test.

B.       Within five working days after the date of receipt of a labora- tory report for a court-ordered subject who is incarcerated or detained, the chief medical officer of the correctional facility in which the court-ordered subject is incarcerated or detained shall:

1.        Notify the court-ordered subject as specified in subsec- tion (D);

2.        If requested by the court-ordered subject, provide a writ- ten copy of the laboratory report to the court-ordered sub- ject; and

3.        Notify the officer in charge of the correctional facility as specified in subsection (E).

C.      Within five working days after the petitioner’s occupational health provider receives written notice of test results as required in subsection (A), the petitioner’s occupational health provider shall notify the petitioner, as specified in subsection (D), and the petitioner’s employer, as specified in subsection (E).

D.      An individual who provides notice to a court-ordered subject or petitioner as required under subsection (A), (B) or (C) shall describe the test results and provide or arrange for the court- ordered subject or petitioner to receive the following informa- tion about each agent for which the court-ordered subject was tested:

1.        A description of the disease or syndrome caused by the agent, including its symptoms;

2.        A description of how the agent is transmitted to others;

3.        The average window period for the agent;

4.        An explanation that a negative test result does not rule out infection and that retesting for the agent after the average window period has passed is necessary to rule out infec- tion;

5.        Measures to reduce the likelihood of transmitting the agent to others and that it is necessary to continue the measures until a negative test result is obtained after the average window period has passed or until an infection, if detected, is eliminated;

6.        That it is necessary to notify others that they may be or may have been exposed to the agent by the individual receiving notice;

7.        The availability of assistance from local health agencies or other resources; and

8.        The confidential nature of the court-ordered subject’s test results.

E.       An individual who provides notice to the officer in charge of a correctional facility, as required under subsection (B), or to the petitioner’s employer, as required under subsection (C), shall describe the test results and provide or arrange for the officer in charge of the facility or the employer to receive the follow- ing information about each agent for which a court-ordered subject’s test results indicate the presence of infection:

1.        A description of the disease or syndrome caused by the agent, including its symptoms;

2.        A description of how the agent is transmitted to others;

3.        Measures to reduce the likelihood of transmitting the agent to others;

4.        The availability of assistance from local health agencies or other resources; and

5.        The confidential nature of the court-ordered subject’s test results.

F.       An individual who provides notice under this Section shall not provide a copy of the laboratory report to anyone other than the court-ordered subject and, if the court-ordered subject is incarcerated or detained, the chief medical officer of the cor- rectional facility in which the court-ordered subject is incar- cerated or detained.

G.      An individual who provides notice under this Section shall protect the confidentiality of the court-ordered subject’s per- sonal identifying information and test results.

H.      A health care provider who orders a test on the blood of a court-ordered subject who is not incarcerated or detained may, at the time the court-ordered subject is seen by the ordering health care provider, present the court-ordered subject with a telephone number and instruct the court-ordered subject to contact the ordering health care provider after a stated period of time for notification of the test results.

I.        A health care provider who orders a test has not satisfied the obligation of the health care provider to notify under subsec- tion (A) if:

1.        The health care provider provides a telephone number and instructions, as allowed by subsection (H), for a court-ordered subject to contact the ordering health care provider and receive the information specified in subsec- tion (D); and

2.        The court-ordered subject does not contact the ordering health care provider.

J.        A health care provider who orders a test on a court-ordered subject’s blood shall comply with all applicable reporting requirements contained in this Chapter.

Historical Note

Section renumbered from R9-6-409 and amended by final rulemaking at 8 A.A.R. 1953, effective April 3, 2002 (Supp. 02-2). Section R9-6-902 recodified to R9-6-1002 at 13 A.A.R. 1745, effective April 27, 2007 (Supp. 07-2).

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

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