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 5 - COUNSELING
Section 41149 - Pre-Test Counseling Guidelines
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The pre-test counseling session shall be delivered by the chief medical officer, or his or her designee, and shall include, but not be limited to, a licensed physician or surgeon, registered nurse, or other health professional who has knowledge of the transmission, prevention, and etiology of HIV infection and AIDS. Any individual requiring counseling as provided for in section 41148 shall be given the opportunity to meet individually in private with the counselor to discuss personal questions about the HIV antibody test and its implications. Any written education material may be used which enhances or reinforces issues and/or topics covered in the pre-test session. In no way shall this educational material take the place of face-to-face HIV education counseling session.
(b) A counselor shall be available after the pre-test session to answer or provide additional information regarding the HIV antibody test.
(c) The counselor shall deliver a minimum of twenty minutes of pre-test information. During the pre-test session the counselor(s) should provide the client(s) with basic information about the HIV antibody test, interpretation of both positive and negative results and the possible consequences a test subject may confront by being identified as serologically positive. Information about reducing the risks of HIV transmission and exposure shall also be provided to the test subject during the pre-test counseling session. Topics and/or information covered during the pre-test counseling session shall include, but not be limited to, topics covered in the "Guidelines for Human Immunodeficiency Virus (HIV) Education, Information, and Testing in Correctional Facilities," December 1989, developed and distributed by the Department of Health Services, Office of AIDS.
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emergency language will be repealed by operation of law on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 renumbering and
amendment of former section 41149 to section
41150 and renumbering and
amendment of former section
41148 to section 41149, new
section 41148 transmitted to OAL 3-11-91
and filed 4-10-91 (Register 91, No. 18).
Note: Authority cited: Sections 7502(b) and 7518, Penal Code and Chapter 1579, Section 4, Statutes of 1988. Reference: Sections 7502(b), 7503 and 7514, Penal Code.
