DAR File No. 40901

Health, Disease Control and Prevention; HIV/AIDS, Tuberculosis Control/Refugee Health

Rule R388-803

HIV Test Reporting

Notice of Proposed Rule

(Repeal)

DAR File No.: 40901
Filed: 10/21/2016 09:39:05 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

All elements of this rule are now included in Rule R386-702, Communicable Disease Rule. There is no need to have a separate rule for HIV test reporting.

Summary of the rule or change:

Rule R388-803 establishes requirements for reporting screening, diagnostic, and treatment test results related to Human Immunodeficiency Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS); and partner identification and notification. However, HIV reporting requirements are included in Rule R386-702. Therefore, this rule is repealed in its entirety.

Statutory or constitutional authorization for this rule:

• Section 26-6-3

Anticipated cost or savings to:

the state budget:

Costs will remain the same if this rule is repealed. The Bureau of Epidemiology utilizes federal funds from the Centers for Disease Control and Prevention (CDC) to fund three HIV epidemiologist positions. Existing reporting and surveillance systems are in place, and no change to HIV test reporting is anticipated in accordance to Rule R386-702.

local governments:

Costs will remain the same if this rule is repealed. Existing reporting and surveillance systems are in place, and no change to HIV test reporting is anticipated, in accordance to Rule R386-702.

small businesses:

Costs will remain the same if this rule is repealed. Health care providers and laboratories are still required to report HIV test results to the Utah Department of Health or the local health department where the patient resides, in accordance to Rule R386-702.

persons other than small businesses, businesses, or local governmental entities:

Costs will remain the same if this rule is repealed. Health care providers and laboratories are still required to report HIV test results to the Utah Department of Health or the local health department where the patient resides, in accordance to Rule R386-702.

Compliance costs for affected persons:

Costs will remain the same if this rule is repealed. Health care providers and laboratories are still required to report HIV test results to the Utah Department of Health or the local health department where the patient resides, in accordance to Rule R386-702. These costs may include, but are not limited to, personnel time in order to complete and submit reporting forms and costs related to implementing and supporting electronic laboratory reporting (ELR).

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule is being repeal because all the requirements have been incorporated into Rule R386-702, Communicable Disease Rule, so it is now redundant.

Joseph Miner, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Health
Disease Control and Prevention; HIV/AIDS, Tuberculosis Control/Refugee Health
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Amelia Self at the above address, by phone at 801-538-6221, by FAX at 801-538-9913, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2016

This rule may become effective on:

12/22/2016

Authorized by:

Joseph Miner, Executive Director

R388. Health, Disease Control and Prevention; HIV/AIDS, Tuberculosis Control/Refugee Health.

[R388-803. HIV Test Reporting.

R388-803-1. Authority and Purpose.

(1) Authority for this rule is established in Title 26, Chapter 6, Sections 3 and 3.5 of the Utah Communicable Disease Control Act.

(2) This rule establishes requirements for:

(a) reporting screening, diagnostic, and treatment test results related to Human Immunodeficiency Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS); and

(b) partner identification and notification.

(c) Reporting of HIV infection and AIDS is required by R386-702, Communicable Disease Rule.

 

R388-803-2. Reporting of AIDS, HIV Infection, and Related Tests.

(1) A health care provider who administers or causes to have administered any of the following tests shall report all positive results to the Utah Department of Health or the local health department where the patient resides:

(a) presence of antibodies to HIV, repeatedly reactive on two or more tests; presence of antibodies to HIV that are verified by a positive confirmatory test; repeatedly reactive tests with indeterminate confirmatory tests.

(b) presence of HIV antigen;

(c) isolation of HIV;

(d) demonstration of HIV proviral DNA;

(e) demonstration of HIV specific nucleic acids; and

(f) any other test or condition indicative of HIV infection.

(2) A health care provider who administers or causes to have administered any of the following tests shall report the results of each test to the Utah Department of Health or the local health department where the patient resides:

(a) CD4+ T-Lymphocyte tests; and

(b) HIV viral load determination;

(3)(a) A laboratory that analyzes samples for any of the tests listed in subsection (1) shall report all positive results to the Utah Department of Health or the local health department where the patient resides, except that it need not report patient name if it does not have the name.

(b) A laboratory that analyzes samples for any of the tests listed in subsection (2) shall report all results to the Utah Department of Health or the local health department where the patient resides, except that it need not report patient name if it does not have the name.

(4) Reports shall include:

(a) patient name, if available;

(b) patient number, if the name is not available;

(c) date of birth;

(d) date of test administration;

(e) test result; and

(f) name of the health care provider who ordered the test.

(5) Reports may be made in writing, by telephone, or by other electronic means acceptable to the Department.

 

R388-803-3. Exemptions for Reporting of HIV Infection, AIDS and Related Tests.

(1) A university or hospital that conducts research studies exempt from reporting AIDS and HIV infection under Section 26-6-3.5 shall submit the following to the Department:

(a) a summary of the research protocol;

(b) written approval of the institutional review board; and

(c) a letter showing funding sources and the justification for requiring anonymity.

(2) The university or hospital shall provide the Department a quarterly report indicating the number of HIV infected individuals enrolled in the study.

 

R388-803-4. Partner Identification and Notification.

(1) "Partner" is defined as any individual, including a spouse, who has shared needles, syringes, or drug paraphernalia or who has had sexual contact with an HIV infected individual. "Spouse" is defined as any individual who is the marriage partner of that person at any time within the ten-year period prior to the diagnosis of HIV infection.

(2) If an individual is tested and found to have an HIV infection, the Utah Department of Health or local health department shall conduct partner notification activities.

 

KEY: HIV/AIDS, reporting, spousal notification

Date of Enactment or Last Substantive Amendment: October 19, 1999

Notice of Continuation: October 21, 2011

Authorizing, and Implemented or Interpreted Law: 26-6-3 ]