Ariz. Admin. Code § R9-6-902 - Notice of Test Results
A.
Within 10 working days after the date of receipt of a laboratory report for a
test ordered by a health care provider as a result of a court order issued
under A.R.S. §
32-3207,
the ordering health care provider shall:
1. If
the test is conducted on the blood of a court-ordered subject who is
incarcerated or detained:
a. Provide a
written copy of the laboratory report to the chief medical officer of the
correctional facility in which the court-ordered subject is incarcerated or
detained; and
b. Notify the
petitioner's occupational health provider in writing of the results of the
test; and
2. If the test
is conducted on the blood of a court-ordered subject who is not incarcerated or
detained:
a. Unless the court-ordered subject
is deceased, notify the court-ordered subject as specified in subsection
(D);
b. If requested by the
court-ordered subject, provide a written copy of the laboratory report to the
court-ordered subject; and
c.
Notify the petitioner's occupational health provider in writing of the results
of the test.
B. Within five working days after the date of
receipt of a laboratory report for a court-ordered subject who is incarcerated
or detained, the chief medical officer of the correctional facility in which
the court-ordered subject is incarcerated or detained shall:
1. Notify the court-ordered subject as
specified in subsection (D);
2. If
requested by the court-ordered subject, provide a written copy of the
laboratory report to the court-ordered subject; and
3. Notify the officer in charge of the
correctional facility as specified in subsection (E).
C. Within five working days after the
petitioner's occupational health provider receives written notice of test
results as required in subsection (A), the petitioner's occupational health
provider shall notify the petitioner, as specified in subsection (D), and the
petitioner's employer, as specified in subsection (E).
D. An individual who provides notice to a
court-ordered subject or petitioner as required under subsection (A), (B) or
(C) shall describe the test results and provide or arrange for the
court-ordered subject or petitioner to receive the following information about
each agent for which the court-ordered subject was tested:
1. A description of the disease or syndrome
caused by the agent, including its symptoms;
2. A description of how the agent is
transmitted to others;
3. The
average window period for the agent;
4. An explanation that a negative test result
does not rule out infection and that retesting for the agent after the average
window period has passed is necessary to rule out infection;
5. Measures to reduce the likelihood of
transmitting the agent to others and that it is necessary to continue the
measures until a negative test result is obtained after the average window
period has passed or until an infection, if detected, is eliminated;
6. That it is necessary to notify others that
they may be or may have been exposed to the agent by the individual receiving
notice;
7. The availability of
assistance from local health agencies or other resources; and
8. The confidential nature of the
court-ordered subject's test results.
E. An individual who provides notice to the
officer in charge of a correctional facility, as required under subsection (B),
or to the petitioner's employer, as required under subsection (C), shall
describe the test results and provide or arrange for the officer in charge of
the facility or the employer to receive the following information about each
agent for which a court-ordered subject's test results indicate the presence of
infection:
1. A description of the disease or
syndrome caused by the agent, including its symptoms;
2. A description of how the agent is
transmitted to others;
3. Measures
to reduce the likelihood of transmitting the agent to others;
4. The availability of assistance from local
health agencies or other resources; and
5. The confidential nature of the
court-ordered subject's test results.
F. An individual who provides notice under
this Section shall not provide a copy of the laboratory report to anyone other
than the court-ordered subject and, if the court-ordered subject is
incarcerated or detained, the chief medical officer of the correctional
facility in which the court-ordered subject is incarcerated or
detained.
G. An individual who
provides notice under this Section shall protect the confidentiality of the
court-ordered subject's personal identifying information and test
results.
H. A health care provider
who orders a test on the blood of a court-ordered subject who is not
incarcerated or detained may, at the time the court-ordered subject is seen by
the ordering health care provider, present the court-ordered subject with a
telephone number and instruct the court-ordered subject to contact the ordering
health care provider after a stated period of time for notification of the test
results.
I. A health care provider
who orders a test has not satisfied the obligation of the health care provider
to notify under subsection (A) if:
1. The
health care provider provides a telephone number and instructions, as allowed
by subsection (H), for a court-ordered subject to contact the ordering health
care provider and receive the information specified in subsection (D);
and
2. The court-ordered subject
does not contact the ordering health care provider.
J. A health care provider who orders a test
on a court-ordered subject's blood shall comply with all applicable reporting
requirements contained in this Chapter.
Notes
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