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§ 2643.5. HIV Reporting by Health Care Providers.

17 CA ADC § 2643.5BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 17. Public Health
Division 1. State Department of Health Services
Chapter 4. Preventive Medical Service
Subchapter 1. Reportable Diseases and Conditions
Article 3.5. Reporting of Human Immunodeficiency Virus (HIV) Infection
Subarticle 4. Reporting Requirements (Refs & Annos)
17 CCR § 2643.5
§ 2643.5. HIV Reporting by Health Care Providers.
(a) Each health care provider that orders a laboratory test used to identify HIV, a component of HIV, or antibodies to or antigens of HIV shall submit to the laboratory performing the test a pre-printed laboratory requisition form which includes all documentation as specified in 42 CFR 493.1105 (57 FR 7162, Feb. 28, 1992, as amended at 58 FR 5229, Jan. 19, 1993) and adopted in Business and Professions Code, Section 1220.
(b) The person authorized to order the laboratory test shall include the following when submitting information to the laboratory:
(1) Complete name of patient; and
(2) Patient date of birth (2-digit month, 2-digit day, 4-digit year); and
(3) Patient gender (male, female, transgender male-to-female, or transgender female-to-male); and
(4) Date biological specimen was collected; and
(5) Name, address, telephone number of the health care provider and the facility where services were rendered, if different.
(c) Each health care provider shall, within seven calendar days of receipt from a laboratory of a patient's confirmed HIV test or determination by the health care provider of a patient's confirmed HIV test, report the confirmed HIV test to the local Health Officer for the jurisdiction where the health care provider facility is located. The report shall consist of a completed copy of the HIV/AIDS Case Report form.
(1) All reports containing personal information, including HIV/AIDS Case Reports, shall be sent to the local Health Officer or his or her designee by:
(A) Courier service, U.S. Postal Service Express or Registered mail, or other traceable mail, facsimile, or electronically by a secure and confidential electronic reporting system established by the Department; or
(B) Person-to-person transfer with the local Health Officer or his or her designee.
(2) The health care provider shall not submit reports containing personal information to the local Health Officer or his or her designee by electronic mail or by non-traceable mail.
(d) HIV reporting by name to the local Health Officer, via submission of the HIV/AIDS Case Report, shall not supplant the reporting requirements in Article 1 of this Subchapter when a patient's medical condition progresses from HIV infection to an Acquired Immunodeficiency Syndrome (AIDS) diagnosis.
(e) A health care provider who receives notification from an out-of-state laboratory of a confirmed HIV test for a California patient shall report the findings to the local Health Officer for the jurisdiction where the health care provider facility is located.
(f) When a health care provider orders multiple HIV-related viral load tests for a patient, or receives multiple laboratory reports of a confirmed HIV test, the health care provider shall be required to submit only one HIV/AIDS Case Report, per patient, to the local Health Officer.
(g) Nothing in this Subchapter shall prohibit the local health department from assisting health care providers to report HIV cases.
(h) Information reported pursuant to this Article is acquired in confidence and shall not be disclosed by the health care provider except as authorized by this Article, other state or federal law, or with the written consent of the individual to whom the information pertains or the legal representative of that individual.
Note: Authority cited: Sections 120125, 120130, 120140, 121022, 131080 and 131200, Health and Safety Code. Reference: Sections 1202.5, 1206, 1206.5, 1220, 1241, 1265 and 1281, Business and Professions Code; and Sections 1603.1, 101160, 120175, 120250, 120775, 120885-120895, 120917, 120975, 120980, 121015, 121022, 121025, 121035, 121085, 131051, 131052, 131056 and 131080, Health and Safety Code.
HISTORY
1. New subarticle 4 (sections 2643.5-2643.20) and section filed 5-2-2002; operative 7-1-2002 (Register 2002, No. 18).
2. Amendment of section and Note filed 1-8-2007 as an emergency pursuant to Health and Safety Code section 121022, subdivision (c); operative 1-8-2007 (Register 2007, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-8-2007 or emergency language will be repealed by operation of law on the following day.
3. Amendment of section and Note refiled 4-18-2007 as an emergency pursuant to Health and Safety Code section 121022, subdivision (c); operative 5-9-2007 (Register 2007, No. 16). A Certificate of Compliance must be transmitted to OAL by 9-6-2007 or emergency language will be repealed by operation of law on the following day.
4. Amendment refiled 8-21-2007 with further amendment of Note as an emergency pursuant to Health and Safety Code section 121022, subdivision (c); operative 9-7-2007 (Register 2007, No. 35). A Certificate of Compliance must be transmitted to OAL by 1-7-2008 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-21-2007 order, including redesignation of former subsections (c)(1)A. and (c)(1)B. as subsections (c)(1)(A) and (c)(1)(B), transmitted to OAL 12-21-2007 and filed 2-6-2008 (Register 2008, No. 6).
6. Change without regulatory effect amending subsections (c)(1)(A)-(c)(2) filed 2-11-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 7).
This database is current through 1/3/20 Register 2020, No. 1
17 CCR § 2643.5, 17 CA ADC § 2643.5
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