Alabama Administrative Code
Title 420 - ALABAMA STATE BOARD OF HEALTH
Chapter 420-4-1 - NOTIFIABLE DISEASES
Section 420-4-1-.08 - Victims Of Sexual Offense To Request And Receive HIV Test Results Of Convicted Offender

Universal Citation: AL Admin Code R 420-4-1-.08

Current through Register Vol. 43, No. 02, November 27, 2024

(1) The victim of a sex offense may request the results of any tests on the defendant convicted of such sex offense, for the presence of HIV, the etiologic agent for acquired immune deficiency syndrome (AIDS). Such request shall be made in writing to the Department and must include the victim's name and address, the Circuit Court case number, and the date and location of conviction.

(2) Upon receipt of the victim's written request, the Department will obtain the case action summary from the appropriate county Criminal Court Division to verify the nature of the sex offense, date of conviction, victim name and address, defendant name, social security number, date of birth, and place of incarceration or confinement.

(3) Upon request of the State Health Officer, the Alabama Department of Corrections or the appropriate officials of any city or county jail shall provide in writing the results of any positive or negative test for HIV of a convicted sex offender to the State Health Officer or his or her designee.

(4) Upon receipt of the required information, the Department shall release the results of the HIV test to the victim. At the same time, the Department shall provide the victim of such sex offense counsel regarding HIV/AIDS disease, testing, and referral for appropriate healthcare and support services in accordance with applicable law.

Rule 420-4-1-.10 was renumbered to .08 as pre certification filed November 25, 2014; effective December 30, 2014. Previous rules 420-4-1-.08 entitled "Notification of Funeral Home Personnel" and 420-4-1-.09, "Investigation of HIV/Hepatitis B Virus Infected Health Care Workers" were repealed as per certification filed November 25, 2014; effective December 30, 2014.

Author: Jane Cheeks, M.P.H., P. Brian Hale, J.D.

Statutory Authority: Code of Ala. 1975, §§22-2-2(6), 22-11A-17(a) - (c).

Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.