Fla. Admin. Code Ann. R. 64D-2.006 - Registration of HIV Testing Programs
(1)
(a) All county health departments and persons
who conduct or make any personal, telephone or mail contact or other
communication to a person, or make any announcement, solicitation, display, or
advertisement to inform the general public that they are conducting a testing
program as defined in paragraph 64D-2.006(1)(b), F.A.C., must first register
with the Department of Health, HIV/AIDS Section, and must reregister annually.
Initial registration and subsequent reregistration shall be approved by the
department based upon compliance with Section
381.004(4),
F.S.
(b) For the purpose of this
rule, an HIV testing program is a program which provides HIV testing services
with the sole purpose of identifying HIV infection. This definition does not
apply to any health care provider who performs or provides HIV testing services
as part of routine medical care if the health care provider does not announce,
solicit, display or advertise to the general public that they are conducting a
testing program.
(2) An
application for initial registration or reregistration to conduct an HIV
testing program shall be made to the department on DH Form 1781 (2/05)
Application for Registration and Reregistration of HIV Testing Programs,
incorporated by reference in this rule and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-02054.
(3) The initial registration fee of $100.00
shall be made payable to the department.
(4) Persons or facilities receiving funding
pursuant to Section
381.004(3), F.S.,
shall be exempt from payment of the initial registration fee.
(5) HIV testing programs must reregister with
the department annually. No fee is required for reregistration.
(6) Pursuant to this section, if the
application for reregistration is not received by the reregistration date, the
certification is expired and the program is not authorized to continue
operating.
(7) Each certificate of
registration shall be valid only for the person or facility to which it was
issued.
(8) The certificate of
registration shall not be subject to sale, assignment or other
transfer.
(9) The department shall
be notified in writing no later than 15 days upon change of ownership or
classification, suspension, revocation, or voluntary cessation of operation and
the certificate of registration shall be returned immediately to the
department.
(10) The department
shall deny, suspend, or revoke the registration of a person or agency which:
(a) Fails to comply with Section
381.004(4), F.S., or
the rules in implementation thereof; or
(b) Causes to happen an intentional or
negligent act which physically or materially affects the health, safety, or
welfare of the person receiving services.
(11) Pursuant to Section
381.004(4)(a), F.S.,
the program shall be directed by a person with a minimum of 15 contact hours of
experience in counseling persons with human immunodeficiency virus. Examples of
counseling include: informing a test subject of an HIV-positive test result;
providing case management services to HIV-infected persons; facilitating a
support group for HIV-infected persons; and providing medical care.
(12) Each person providing post-test
counseling to a patient with a positive test result shall have received
specialized training which shall be equivalent to the Department of Health
specialized training in providing post-test counseling to HIV-positive clients.
Specialized training must include information on the following:
(a) Confidentiality, the meaning of a
positive test result and the importance of not donating blood, blood
components, human tissue, organs, body parts, or sperm;
(b) Early intervention, referrals and
linkages to care/services;
(c)
Prevention of secondary HIV transmission;
(d) Partner services;
(e) HIV infection reporting; and,
(f) Documentation of test results.
Notes
Rulemaking Authority 381.004(9) FS. Law Implemented 381.004 FS.
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