Subject 511-2-5 ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS)
Unless a different meaning is required by the Context, the
following terms as used in this Chapter shall have the meaning hereinafter
respectively ascribed to them:
| (a) |
"Acquired Immunodeficiency Syndrome" (AIDS) is an illness characterized by one
or more of the opportunistic diseases diagnosed by methods considered reliable,
which are at least moderately indicative of underlying cellular
immunodeficiency, and the absence of all known underlying causes of cellular
immunodeficiency (other than HIV infection) and absence of all other causes of
reduced resistance reported to be associated with at least one of those
opportunistic diseases; or any current scientifically accepted definition as
approved by the Director, Division of Public Health. |
| (b) |
"Ancillary services" means services
provided after test results are given to the individual, including counseling
and, if needed, repeat testing and referral to other medical support
services. |
| (c) |
"Approved laboratory"
means a laboratory that has been designated by the Department as an approved
facility to conduct HIV testing. |
| (d) |
"Convicted of prostitution" means an
individual, male or female, within the bounds of this State who has pled nolo
contendere to, has pled guilty to, or has been found guilty of, prostitution in
a court of this State, or in a court outside this State. |
| (e) |
"Department" means the Georgia Department
of Public Health. |
| (f) |
"Health care
provider" includes, but is not limited to, clinics (public and private),
hospitals, or physicians. |
| (g) |
"Human Immunodeficiency Virus", hereinafter referred to as HIV, means the
agents which cause AIDS. |
| (h) |
"Person" means any individual, partnership, corporation, or association and may
extend and be applied to bodies politic or corporate. |
| (i) |
"Prostitute" means an individual, male or
female, who performs or offers or consents to perform an act of sexual
intercourse for money. |
| (1) |
Prevention of
Perinatal Infection. The reason for voluntary HIV testing of high-risk pregnant
women and women who may become pregnant is to reduce perinatal transmission of
AIDS and the accompanying human suffering that could result. It is believed
that HIV infection is transmitted from infected women to their fetuses or
off-spring during pregnancy, labor and delivery, or perhaps shortly after
birth. |
| (2) |
Mandatory Testing of
Individuals Convicted of Prostitution. The reason for mandatory testing of
convicted prostitutes is to develop a surveillance system to utilize this
epidemiologic instrument to track the spread of HIV infection that is present
in this high-risk group. Even though HIV transmission through prostitution has
not been conclusively demonstrated, it is believed that contact between
bisexual men and prostitutes (male and female) is a probable means of
transmission of AIDS to the heterosexual population. |
| (3) |
Nonanonymous HIV Reporting. The reason
for nonanonymous reporting of HIV is to describe adequately the epidemic in
Georgia. Understanding the epidemiology of HIV serves as the cornerstone of
public health's efforts to prevent transmission of HIV and to provide excellent
care for those already infected. |
These rules establish a uniform statewide procedure for the
Department or its authorized agent or agents or health care providers engaged
in any of the following: identifying; testing; counseling; and/or providing
ancillary services regarding the prevention of the transmission of the HIV
agent for the following:
| (a) |
On a
voluntary basis of high risk pregnant women, and high risk individuals who
might become pregnant. |
| (b) |
Mandatory testing of convicted prostitutes. |
| (c) |
The date on which the Department shall
begin requiring non-anonymous confirmed positive HIV reporting. |
| (1) |
Pregnant women and individuals who may
become pregnant in the following groups shall be offered counseling, HIV
testing, and ancillary services:
| (a) |
Those
who have evidence of HIV infection themselves, or whose offspring have evidence
of HIV infection; |
| (b) |
Those who
have used any drug intravenously or parenterally for nonmedical purposes since
1978; |
| (c) |
Those who were born in
areas where heterosexual transmission of HIV is considered by the Department to
play a major role; |
| (d) |
Those who
are or have engaged in prostitution; |
| (e) |
Those who are or have been sex partners
of men who have evidence of HIV infection, IV drug abusers, bisexual men, men
with hemophilia, or men who were born in areas where heterosexual transmission
of HIV is considered by the Department to play a major role; |
| (f) |
Those who have received blood or blood
products after 1978 and prior to April, 1985; and |
| (g) |
Those who have received artificial
insemination after 1978 and prior to January, 1986. |
|
| (2) |
If data become available to show that HIV
infection is increased in other groups or settings, counseling and testing
programs should be extended to include them. Routine counseling and testing of
women who are not included in the above-mentioned groups is not currently
recommended due to low prevalence of infection and concern about interpretation
of test results in the low prevalence population. However, if a woman requests
it, the service should be provided. |
| (3) |
Counseling and testing for HIV to prevent
perinatal transmission are recommended in the setting of any medical service in
which women at increased risk of HIV infection (as described in Paragraph (1)
above) are encountered. These include, but are not limited to, clinics for
services related to IV drug abuse (i.e., detoxification and methadone
maintenance), hemophilia care, sexually transmitted disease, prenatal and
obstetric care, family planning, infertility, gynecological, premarital, and
preconceptual care. Testing for HIV should be performed with the individual's
permission after counseling is provided regarding risk factors for infection,
the interpretation of test results, the risks of transmission, and the possible
increase of disease exacerbation among women infected with HIV in association
with pregnancy. The counseling and testing must be conducted in an environment
in which confidentiality can be assured. |
| (1) |
Every prostitute convicted within this
State after the effective date of this Chapter shall submit to HIV testing as
prescribed by the Department. Further, every individual convicted of
prostitution outside this State after the effective date of this Chapter and
found within this State, shall submit to HIV testing if on probation. |
| (2) |
Every clerk of a court of record in this
State with jurisdiction of the offense of prostitution; every administrative
head of a probation, parole or similar supervisory agency; and every
administrative head of a penal institution or other detention facility shall
promptly report or cause to be reported to the local Board of Health when he or
she receives custody, supervision or other notice of an individual convicted of
prostitution. Such report shall identify the individual by name and
whereabouts, and will be used to facilitate HIV testing of the
individual. |
| (3) |
Before sentencing a
convicted prostitute, the courts of this State are requested to have a
designated representative, appointed by the court and approved by the
Department, contact the Division of Public Health of the Department. The
purpose of the contact is to ascertain whether or not the prostitute has been
previously found to be positive by HIV testing and such information may be
taken into consideration by the judge upon sentencing. |
| (4) |
Where permitted by law, every judge
sentencing a convicted prostitute in this State may include as a condition of
any probation, suspension of sentence or other leniency, that the convicted
individual report to the local Board of Health for HIV testing as directed.
Further, where the convicted individual appears able to do so without undue
hardship, every such judge is requested to order the individual to reimburse
the health care provider for the cost of any testing and/or ancillary services
provides. |
| (1) |
The approved laboratory for HIV testing
shall report test results in writing to the Department or its designated
representative, or both, as required by the Department. The Department or its
designated representative shall notify the individual of test results in a
manner prescribed by the Department. |
| (2) |
Test results and ancillary services shall
be provided only upon the individual's presentation of the proper
identification as prescribed by the Department. |
All laboratories shall comply with Chapter 111-8-10
"Licensure of Clinical Laboratories" of the Department of Community Health, and
in addition be approved by that Department for HIV testing. The laboratories
shall comply with reporting requirements as prescribed by the Department of
Public Health.
| (1) |
Post-Test Counseling - The results of the
tests shall be discussed with the individual in a private setting during a
prescheduled return visit. The individual shall be advised of the
interpretation and implications of the test results and, if warranted, the need
for repeat testing. |
| (2) |
Referral
for Other Medical and Support Services - An individual whose test results or
post-test counseling assessment indicate a need for further evaluation or
support services shall be referred to the appropriate providers of such
services. |
| (1) |
All information
and records held by the Department and its authorized representatives or any
other person relating to HIV infection or cases of AIDS shall be strictly
confidential. Such information shall not be released or made public by the
Department or its authorized representatives, or by any other person, except
that release may be made under the following circumstances:
| (a) |
When made with the consent of the
individual, parent or legal guardian, as appropriate, to which the information
applies; |
| (b) |
When made for
statistical purposes, if the medical or epidemiologic information is summarized
so that no names or other individually identifying details are
revealed; |
| (c) |
When made to health
care personnel, appropriate state or local agencies, or courts of appropriate
jurisdiction, to carry out or enforce the provisions of this Chapter and
related rules. |
|
| (2) |
If
disclosure is made pursuant to an order of the court, such information shall be
sealed and delivered directly to the requesting court. Nothing herein waives
the Department's right to contest the validity of any discovery process or
order, or to seek protective or limiting orders. |
| (3) |
All information given the Department
pursuant to this Chapter shall be incorporated in to the Department's public
health investigations, studies and reports. The Department specifically invokes
its privilege to refuse to disclose the identity of any person furnishing such
information, without specific authorization from the individual
tested. |
Non-anonymous confirmed positive HIV tests shall be reported
to the Department.
