For the purpose of rules
641-11.30 (915) to
641-11.34 (915), the following definitions shall apply:
"AIDS" means acquired immune deficiency
syndrome as defined by the Centers for Disease Control and Prevention of the
U.S. Department of Health and Human Services.
"Alleged offender " means a person who has
been charged with the commission of a sexual assault or a juvenile who has been
charged in juvenile court with being a delinquent as a result of actions that
would constitute a sexual assault.
"Authorized representative" means an
individual who is authorized by the victim to request an HIV-related test of a
convicted or alleged offender and who is any of the following:
1. The parent, guardian, or custodian of the
victim if the victim is a minor.
2.
The physician of the victim.
3. The
victim counselor or person requested by the victim who is authorized to provide
the counseling regarding the HIV-related test and results.
4. The victim's spouse.
5. The victim's legal counsel.
"Convicted offender" means a person convicted
of a sexual assault or a juvenile who has been adjudicated delinquent for an
act of sexual assault.
"Department" means the Iowa department of
public health.
"Department of corrections" means the Iowa
department of corrections.
"Division " means the crime victim assistance
division of the office of the attorney general.
"HIV" means the human immunodeficiency virus
identified as the causative agent of AIDS.
"HIV-related test" means a diagnostic test
conducted by a laboratory approved pursuant to CLIA for determining the
presence of HIV or antibodies to HIV.
"Petitioner " means a person who is the victim
of a sexual assault which resulted in alleged significant exposure, or the
parent, guardian, or custodian of a victim if the victim is a minor, for whom
the county attorney files a petition with the district court to require the
convicted offender to undergo an HIV-related test.
"Sexual assault" means sexual abuse as defined
in Iowa Code section
709.1, or
any other sexual offense by which a victim has allegedly had sufficient contact
with a convicted or an alleged offender to be deemed a significant
exposure.
"Significant exposure " means contact of the
victim's ruptured or broken skin or mucous membranes with the blood or bodily
fluids, other than tears, saliva, or perspiration, of the convicted or alleged
offender. "Significant exposure" is presumed to have occurred when there is a
showing that there was penetration of the convicted or alleged offender's penis
into the victim's vagina or anus, contact between the mouth and genitalia, or
contact between the genitalia of the convicted or alleged offender and the
genitalia or anus of the victim.
"Victim " means a petitioner or a person who
is the victim of a sexual assault which resulted in significant exposure, or
the parent, guardian, or custodian of such a victim if the victim is a minor,
for whom the victim or the peace officer files an application for a search
warrant to require the alleged offender to undergo an HIV-related test.
"Victim" includes an alleged victim.
"Victim counselor " means a person who is
engaged by a crime victim center as defined in Iowa Code section
915.20A,
who is certified as a counselor by the crime victim center, and who has
completed at least 20 hours of training provided by the Iowa coalition against
sexual assault or a similar agency.
