N.J. Admin. Code § 8:65-2.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:65-2.2 - Health care providers to report, and responsible parties to ensure reporting of, perinatal exposures to HIV, pediatric HIV-related laboratory test results, and pediatric HIV infection diagnoses in perinatal or pediatric cases

(a) A health care provider shall complete a PHER and a PCRF and submit them to the Division pursuant to N.J.A.C. 8:65-2.4within 24 hours of identifying a patient as a case of perinatal exposure to HIV if:

1. The health care provider is providing health care to the patient in the State; and/or

2. The patient is a resident of the State.

(b) With respect to a pediatric patient to whom a health care provider is providing health care in the State, and/or who is a resident of the State, a health care provider shall complete a PCRF and submit it to the Division pursuant to N.J.A.C. 8:65-2.4within 24 hours of:

1. Obtaining an HIV-related laboratory test result performed on a diagnostic specimen taken from the pediatric patient;

2. Diagnosing a confirmed case of HIV infection in the pediatric patient in accordance with the criteria for a confirmed case; and/or

3. Providing treatment for HIV infection to the pediatric patient.

(c) Responsible parties shall ensure that institution personnel comply with (a) and (b) above.

(d) Subject to (e) below, the Department may take enforcement action pursuant to N.J.A.C. 8:65-3against health care providers, responsible parties, and institutions that fail to comply with (a), (b), and/or (c) above.

(e) The Department will refrain from enforcement action against a health care provider, a responsible party, or an institution that fails to comply with (a), (b), and/or (c) above, as applicable, if the heath care provider, responsible party, or institution completes and timely submits to the Division, and/or ensures the completion and timely submission to the Division of, a PCRF and/or a PHER, as applicable, in which the fields that the PCRF and PHER Technical Guidance identifies as "required" are fully completed.

N.J. Admin. Code § 8:65-2.2

Adopted by 54 N.J.R. 1408(a), effective 7/18/2022