California Code of Regulations
Title 22 - Social Security
Division 2 - Department of Social Services-Department of Health Services
Part 2 - Health and Welfare Agency-Department of Health Services Regulations
Subdivision 6 - Preventive Medical Services
Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities
Article 4 - TESTING PROCEDURES
Section 41147 - Laboratory Tests
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Laboratory tests to determine HIV infection shall be any FDA approved HIV test which detects infection by the probable causative agent of AIDS. Laboratory tests shall include, but not be limited to, the enzyme-linked immunosorbant assay (ELISA) using antigens derived from disrupted HIV. The ELISA kit instructions shall be followed. Initially reactive ELISA specimens shall be retested in accordance with the kit's instructions using the same specimen with the same manufacturer's kit.
(b) Since falsely positive tests do occur, and the implications of a positive test are serious, additional tests which are more specific, such as the Western Blot or the immunofluorescent assay (IFA), shall be conducted following repeatedly reactive ELISA results. Reactive test results by ELISA shall not be reported without conducting one of the supplemental tests, and confirming that the result is specific and truly positive.
1. New
section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
3). A Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed by operation of law on
4-30-90.
2. Certificate of Compliance as to 12-29-89 order
transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
repealed the following day.
3. Editorial correction of HISTORY 2.
showing the correct transmittal date (Register 90, No. 50).
4.
Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
language will be repealed by operation of law on the following
day.
5. Certificate of Compliance including amendment transmitted to
OAL 3-11-91 and filed 4-10-91 (Register 91, No.
18).
Note: Authority cited: Sections 7530(b) and 7518, Penal Code and Chapter 1579, Section 4, Statutes of 1988. Reference: Section 7530(b), Penal Code.
