Current through Register Vol. 31, No. 12, March 21, 2025
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 petitioned the court for
the order shall provide to the Department:
1.
A copy of the court order, including an identifying number associated with the
court order;
2. The name and
address of the victim; and
3. The
name and telephone number of the prosecuting attorney 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
confirmatory 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 living:
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 provide notification as specified in
subsection (F)(3)(a).
G. If the Department or a local health agency
is notified by a submitting entity as specified in subsection (F)(3)(b), the
Department 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
notification as specified in subsection (H)(1).
I. If a local health agency is notified by
the Department as specified 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.
