64D-2.004 Testing Requirements.

(1) Pursuant to Section 381.004(2)(a), F.S., informed consent shall be obtained prior to testing for HIV except in the limited situations outlined in Section 381.004(2)(h), F.S. Informed consent shall include an explanation that the information identifying the test subject and the results of the test are confidential and protected against further disclosure to the extent provided by law. Information shall also be included on the fact that persons who test positive will be reported to the local county health department, that anonymous testing is available and the locations of anonymous testing sites.

(2) Informed consent to perform a test for HIV need not be in writing, except in the situations listed below in subsection 64D-2.004(3), F.A.C., if there is documentation in the medical record that the test has been explained and consent has been obtained.

(3) Informed consent to perform a test for HIV shall be in writing for the following:

(a) From the potential donor or from the donor’s legal representative prior to the first donation of blood, blood components, organs, skin, semen, or other human tissue or body part. The consent form must specify that the donor is consenting to repeated HIV testing of each of his donations for the subsequent year. The consent form must be signed annually prior to transfusion or other use;

(b) Prior to testing for HIV for insurance purposes, in accordance with Section 627.429, F.S.; or

(c) Prior to testing for HIV for contract purposes in a health maintenance organization, in accordance with Section 641.3007, F.S.

(4) The following minors can be tested for HIV without parental consent provided the minor gives informed consent:

(a) Any minor who requests examination, testing, consultation or treatment for a sexually transmissible disease, including HIV, in accordance with Section 384.30, F.S., and who demonstrates sufficient knowledge and maturity to make an informed judgment.

(b) Any minor who has reached the age of 17 years who gave consent to the donation of his or her blood, in compliance with Section 743.06, F.S.

(c) Any married minor or unwed pregnant minor, in accordance with Section 743.065, F.S.

(5) Any health care provider attending a pregnant woman for conditions related to her pregnancy shall cause the woman to be tested for HIV in accordance with Section 384.31, F.S., and Rule 64D-3.042, F.A.C.

(6) Pursuant to Section 381.004(7), F.S., the Department of Health developed the Model Protocol for HIV Counseling and Testing In Health Care Settings, dated July 20, 2012, and the Model Protocol for HIV Counseling and Testing In Non-Health Care Settings, dated July 20, 2012, consistent with the provisions of this section and incorporates these documents by reference in this rule. The model protocols can be obtained from the Department of Health, HIV/AIDS and Hepatitis Program, 4052 Bald Cypress Way, Bin A09, Tallahassee, Florida 32399-1715, or online at the program’s website at: http://www.doh.state.fl.us/disease_ctrl/aids/legal/ctfornonchd.htm and http://www.doh.state.fl.us/disease_ctrl/aids/legal/ctforchd.htm, or at https://www.flrules.org/Gateway/reference.asp?No=Ref-02052 and https://www.flrules.org/Gateway/reference.asp?No=Ref-02053.

(7) Persons ordering an HIV test must ensure that all reasonable efforts are made to notify the test subject of the test result and relate certain information to the test subject in accordance with Section 381.004(2)(c), F.S., and the applicable Model Protocol for HIV Counseling and Testing specified in subsection 64D-2.004(6), F.A.C. If the test subject was tested in a facility, such as a jail or hospital emergency department, and was released before being notified of a positive HIV test result, the facility may inform the county health department to notify the test subject. Blood establishments and persons who collect blood, organs, skin, semen, or other human tissue or body parts shall comply with Rule 64D-2.005, F.A.C., and Sections 381.0041(5), (6), F.S.

Rulemaking Authority 381.004(9), 381.0041, 384.33 FS. Law Implemented 381.0011, 381.0031(4), 381.004, 381.0041, 384.31 FS. History–New 11-6-85, Formerly 10D-93.67, Amended 7-12-89, 1-20-92, 5-1-96, Formerly 10D-93.067, Amended 8-24-99, 1-3-13.