§ 23-6.3-15 - Laboratory analyses and reporting.
SECTION 23-6.3-15
§ 23-6.3-15 Laboratory analyses andreporting. – (a) All biological samples or specimens taken for the purpose of performinglaboratory analysis for the detection of antibody to HIV, by or under thedirection or order of any health care provider working within the scope of hisor her practice, shall be sent to the department of health laboratory foranalysis. This provision shall not apply to those HIV tests performed in ahospital laboratory or to those sites performing rapid HIV testing.
(b) Hospitals shall forward all positive confirmatory HIVtest results to the department. All sites performing HIV testing must submit anannual HIV testing report to the department in accordance with regulationspromulgated by the department.
(c) The department laboratory shall conduct all confirmatorytesting for HIV/AIDS with the exception of written waivers issued by thedepartment as indicated in (d) below.
(d) Sites performing non-venapuncture HIV testing (e.g. rapidtesting), must seek a waiver from the department to provide confirmatory HIVtesting from a laboratory other than the state laboratory, and shall forwardall positive and negative confirmatory HIV tests results to the department.
(e) Except in the case of anonymous HIV testing, a healthcare provider working within the scope of his or her practice providing samplesof specimens for HIV testing, or results of HIV tests to the department, shallinclude the name of the patient and other identifying information includinginformation related to the individual's health insurance policy as applicable.
(f) Any HIV cases reported in the previous code based system,shall remain in a code- based data set. This does not prohibit a physician fromsubmitting or requesting that an updated name case report on a patient replacea previously coded case report.