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 41150 - Post-Test Counseling Guidelines
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The post-test counseling session shall be presented 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. This session shall be provided in a private setting with the door closed to any individual requiring counseling as provided for in section 41148. If the inmate poses a threat to others, privacy should be provided to the extent possible. If a deputy must be present during the counseling session, confidentiality of the information discussed and inmates' responses shall be maintained. Before test results are disclosed, the counselor shall confirm that the test results pertain to the corresponding test subject.
(b) The counselor providing the post-test results and education shall be prepared to discuss the meaning of the reactive ELISA and the results of the supplemental test at the time the results are presented to the test subject.
(c) The counselor shall deliver at least 15 minutes of post-test counseling and information in person to those test subjects who tested nonreactive (negative) on the HIV antibody test. This information shall include appropriate information on the test result and reducing the risk of exposure to HIV. Topics and information covered shall include, but not be limited to, information 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.
(d) The counselor shall deliver at least 30 minutes of post-test counseling to those test subjects who repeatedly tested reactive (positive) on the HIV antibody test and positive on the supplemental confirmatory tests. The counselor shall also assess the test subject's reaction to the test result to determine if referral to mental health services is needed. The test subject shall be reminded that a positive HIV antibody test result does not mean the test subject has AIDS; however, the importance of this result should not be minimized.
(e) When ending the post-test counseling session, the counselor shall review the most salient points raised during the interview. These may include the meaning of the test result, particular concerns, e.g., consideration of parenthood, telling others, etc., confidentiality of the test, risk reduction behaviors and appropriate referral resources.
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 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.
