Section 63M-2.052 - HIV Counseling and Testing(1) All youth determined at risk for HIV infection shall be offered counseling, testing, and referral for medical treatment as indicated.(2) The facility shall provide or facilitate the HIV counseling and testing. If the facility cannot provide the counseling and testing, the facility shall collaborate with the local County Health Department or other community providers for these services.(3) HIV counseling shall only be conducted by a certified HIV counselor.(4) Pursuant to Sections 381.004(3) and 384.30, F.S., any test for the detection of HIV cannot be ordered without an informed consent from the individual being tested. The consent may be obtained and recorded on the Human Immunodeficiency Virus Youth Consent Form (HS 015, April 2010) which is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-03823, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.(5) The facility shall facilitate confirmation of positive HIV test results when indicated, and provide medical follow-up.(6) Parental notification of a youth's HIV testing without the youth's permission is prohibited per Chapter 381, F.S.(7) HIV test results shall be disclosed only to the youth and the entities identified pursuant to Chapter 381, F.S.(8) All pregnant youth shall be provided an HIV test unless, after counseling by the Physician, PA or ARNP as to the risks of transmission of HIV to the fetus, she refuses testing. When this occurs, she must sign a waiver (refusal) to decline the test. This shall be filed in the IHCR.(9) HIV results shall be sealed in an envelope marked "confidential" and filed in the Individual Health Care Record.(10) Youth who are HIV positive shall have an initial evaluation by a physician (if not previously obtained) who specializes in the management of infectious diseases in adolescents and children.Fla. Admin. Code Ann. R. 63M-2.052
Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS.