Sec. 10.18.08.10. Post-Test Requirements for HIV Testing in Nonclinical Settings

A. If a patient’s HIV test result is negative, the individual providing testing shall provide post-test information to the patient tested that includes:

(1) That the HIV test result is negative;

(2) The meaning of a negative result; and

(3) A recommendation about whether a repeat test is advisable based on potential recent exposures and the type of test technology used.

B. If a patient’s HIV test result is indeterminate, the individual providing testing shall provide post-test information to the patient tested in person that includes:

(1) That the HIV test result is indeterminate;

(2) The meaning of an indeterminate HIV test result;

(3) Information regarding transmission of HIV and means of preventing transmission of HIV; and

(4) A recommendation that the patient:

(a) Return in a medically appropriate time frame for another HIV test; and

(b) Take precautions as if the patient’s HIV test result had been positive until the patient is retested.

C. If a patient’s HIV test result is positive:

(1) The individual providing testing shall provide post-test information to the patient tested in person that includes:

(a) That the HIV test result is positive;

(b) The meaning of a positive HIV test result;

(c) Information regarding transmission of HIV and means of preventing transmission of HIV;

(d) If the patient is pregnant;

(i) How HIV infection may affect a pregnancy, fetus, or newborn;

(ii) That there is a potential that the newborn would have HIV infection; and

(iii) Information regarding recognized methods of reducing the risk of transmission of HIV to the fetus;

(e) That the patient should have a medical evaluation by a physician or physician’s designee who knows that the patient is HIV positive;

(f) That the patient should receive ongoing health care appropriate for an HIV seropositive individual; and

(g) Information regarding the patient’s responsibility to:

(i) Notify all known sexual and needle-sharing partners of possible exposure; or

(ii) Request assistance from the health officer in the jurisdiction to notify all known sexual and needle-sharing partners of possible exposure;

(2) The individual performing the HIV test shall:

(a) Ensure the patient is linked to an appropriate source of HIV medical care and support services including evaluation and treatment for:

(i) Tuberculosis;

(ii) Hepatitis;

(iii) Pregnancy; and

(iv) Sexually transmitted infections; and

(b) If necessary, provide the patient with information about mental health services for HIV-infected individuals;

(3) For contact control, the individual providing the testing shall:

(a) Request the health officer from the patient’s home jurisdiction conduct a contact investigation of any case of HIV; and

(b) Report immediately to the health officer from the patient’s home jurisdiction any known individual identified as having had potentially infectious contact with a patient with a positive HIV test result;

(4) A health officer shall:

(a) Investigate and notify immediately an individual reported under the provisions of §C(3)(b) of this regulation, who is within the health officer’s jurisdiction, of the individual’s exposure and advise the individual to undergo a medical examination to ascertain whether the individual is infected with HIV; and

(b) Immediately forward to the Secretary all reports of individuals who are outside the health officer’s jurisdiction for referral to the health officer of the proper jurisdiction; and

(5) A reported individual shall, within 1 week of notification, be examined to ascertain whether the individual has been infected with HIV.