12 Colo. Code Regs. § 2509-7.608
Current through Register Vol. 47, No. 11, June 10, 2024
Section 12 CCR 2509-7.608 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) POLICY7.608.1DEFINITIONS [Eff. 1/1/15]Acquired Immunodeficiency Syndrome (AIDS): The late stage of the illness triggered by infection with Human Immunodeficiency Virus (HIV). A person receives an AIDS diagnosis when he or she has a CD4 (helper 1-cell) count of less than 200 and/or certain opportunistic infections common with advanced immune deficiency.
HIV: The detection by laboratory antibody tests of the presence of the Human Immunodeficiency Virus (HIV) in an individual.
Universal Precautions: Measures used to keep a barrier between a person and blood and/or other infectious bodily fluids. The precautions are published by the Centers for Disease Control as accepted methods of preventing the spread of infectious disease and, when used routinely and properly, are sufficient to control the spread of infectious blood borne diseases, including HIV. Following are the universal precautions:
A. Universal precautions apply to blood and to other body fluids containing visible blood. Blood is the single most important source of HIV in a care giving setting.B. Universal precautions also apply to semen and vaginal secretions. Although both of these fluids have been implicated in the sexual transmission of HIV, they have not been implicated in transmission from client to care providers.C. Universal precautions do not apply to feces, nasal secretions, sputum, sweat, tears, urine, saliva and vomitus unless they contain visible blood. The risk of transmission of HIV from these fluids, while theoretically possible, is extremely low or nonexistent.D. In any contact with visible blood, use a barrier such as latex gloves. When these are not immediately available, such as immediate response to a nosebleed or wound, use a barrier such as a towel. If hands are exposed to blood, they must be washed with soap and water immediately after contact.7.608.2Testing and Confidentiality [Eff. 1/1/15]A. For children and youth in the legal custody of the county department of human or social services, the county department shall recommend to the medical care provider that the child or youth be tested for HIV based on determination of risk including the following considerations:1. Specific medical reasons for testing related to the well-being of the child or youth.2. Authority to test based on legal mandates or the informed consent of the client or those authorized to make medical decisions for the client.3. Mandatory pre and post test counseling shall include age appropriate information regarding the illness, assistance in dealing with psycho social issues, information about safer sex and a risk reduction plan.4. A plan shall be developed for re-testing based upon risk behaviors.5. In the event a child or youth refuses to consent to testing for HIV, the medical care provider shall be requested to provide counseling to the child.B. Confidentiality Section 25-4-1405(6), C.R.S., allows for minors to be examined and treated for HIV infection without the consent of the parent or guardian. Further, if the minor is age sixteen (16) or older, the results of the examination or treatment need not be divulged to the minor's parent or guardian, or to any person, unless necessary under reporting requirements of Title 25 or Title 19, C.R.S.
In the event that the county becomes aware of positive HIV test results, the county shall develop a plan for confidential management of test results and HIV status. The county's policy may limit access to the test results based on the need to know and must comply with provisions of Title 25, Article 4, Part 14, C.R.S. The need to know shall include, but not be limited to:
1. The care provider, with consideration of his or her capacity to provide appropriate physical and emotional care to a child or youth who is HIV-infected and his or her capacity to appropriately manage confidentiality issues. In the case of residential child care facility, residential treatment center, or child placement agency placement, HIV information shall be provided to the person designated by the facility to coordinate medical care.2. The caseworker and supervisor for the child or youth, who must manage the case including medical care.3. Child's biological parents based on the determination of risk to the child. The county department shall include the child's parents in decisions for medical procedures and treatment based on risk to the child, except where parental rights have been terminated.7.608.3SERVICE PROVISIONS [Eff. 1/1/15]7.608.31Non-Discrimination [Eff. 1/1/15]The status of being at risk for HIV exposure or being diagnosed with HIV/AIDS shall not be a cause for denial of services.
7.608.32General Services [Eff. 1/1/15]The county department shall identify and may refer for medical evaluation children or youth in county custody who are at risk of HIV infection, considering the following factors:
A. Infants born to known HIV infected mothers or mothers with high risk behavior.B. Children who have been involuntary sexual partners because of sexual assault, rape, incest and/or sexual abuse.C. Children with hemophilia who were exposed to blood or blood products before 1985 or children or youth who have received blood transfusions before March 1985.D. Children engaged in injection drug use past or present, including other injection behaviors such as needle sharing.E. Children engaged in unprotected, oral, vaginal, or anal intercourse.38 CR 19, October 10, 2015, effective 11/1/201538 CR 23, December 10, 2015, effective 1/1/201640 CR 11, June 10, 2017, effective 7/1/201740 CR 21, November 10, 2017, effective 12/1/201745 CR 07, April 10, 2022, effective 4/30/202245 CR 15, August 10, 2022, effective 9/1/202246 CR 09, May 10, 2023, effective 6/1/2023