Or. Admin. Code § 413-040-0420 - HIV Antibody Testing
(1) For
children and youth in Department custody, the HIV antibody test is to be done
only to facilitate the medical care of the child if clinically indicated after
a thorough medical evaluation by a doctor knowledgeable about HIV infections.
The test is not to be used to screen individuals with high risk behaviors or
any other groups, nor to satisfy the curiosity of Department staff or
contracted providers.
(2) Under the
direction of a physician, infants born to mothers known to have engaged in high
risk behaviors may be tested for HIV. The presence of HIV infection in an
infant can be determined only after the mother's antibodies are gone from the
child's bloodstream. Because maternal antibody crosses the placenta, the
presence of HIV infection can only be determined after a series of
tests.
(3) Victims of sexual abuse
who have been exposed to blood or semen may be tested for HIV. If the child can
understand, informed consent procedures shall be used (I-B.5.1,
413-040-0430). A physician
knowledgeable in HIV care should be consulted immediately for consideration of
HIV post-exposure prophylaxis.
(4)
The Department shall not license any private child-caring agency whose
admission criteria include a mandatory HIV test.
(5) The Department shall not contract with
any service provider whose admission criteria include a mandatory HIV
test.
Notes
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
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