64D-2.004. Testing Requirements  

Effective on Monday, September 05, 2016
  • 1(1) Prior to testing for HIV, the notification and consent requirements of Sections 14381.004(2)(a) 15and (b), F.S., must be met.

    21(2) Informed consent to perform a test for HIV need not be in writing, except in the situations listed below in subsection (3), if there is documentation in the medical record that the test has been explained and consent has been obtained.

    63(3) Informed consent to perform a test for HIV shall be in writing for the following:

    79(a) Prior to the first donation of blood, blood components, organs, skin, semen, or other human tissue or body part in accordance with Section 103381.0041, F.S. 105The consent form must specify that the donor is consenting to repeated HIV testing of each donation for the subsequent year. The consent form must be signed annually prior to transfusion or other use;

    139(b) Prior to testing for HIV for insurance purposes, in accordance with Section 152627.429, F.S., 154or

    155(c) Prior to testing for HIV for contract purposes in a health maintenance organization, in accordance with Section 173641.3007, F.S.

    175(4) The following minors can be tested for HIV without parental consent:

    187(a) Any minor who requests examination, testing, consultation or treatment for a sexually transmissible disease, including HIV, in accordance with Section 208384.30, F.S.

    210(b) Any minor who has reached the age of 17 years, in compliance with Section 225743.06, F.S.

    227(c) Any married minor or unwed pregnant minor, in accordance with Sections 239743.01 240and 241743.065, F.S.

    243(5) Pursuant to Section 247381.004(7), F.S., 249the Department of Health developed the Model Protocol for HIV Counseling and Testing In Health Care Settings, dated August 1, 2016, and the Model Protocol for HIV Counseling and Testing In Non-Health Care Settings, dated August 1, 2015, consistent with the provisions of this section and incorporates these documents by reference in this rule. The model protocols can be obtained at 310https://www.flrules.org/Gateway/reference.asp?No=Ref-07362, 311and 312https://www.flrules.org/Gateway/reference.asp?No=Ref-07363313.

    314(6) Persons ordering an HIV test must ensure that all reasonable efforts are made to notify the test subject of the test result and relate certain information to the test subject in accordance with Section 349381.004(2)(c), F.S., 351and the applicable Model Protocol for HIV Counseling and Testing specified in subsection (5), above. Blood establishments and persons who collect blood, organs, skin, semen, or other human tissue or body parts shall comply with Rule 38764D-2.005, 388F.A.C., and Sections 391381.0041(5), 392and (6), F.S.

    395Rulemaking Authority 397381.004(9), 398381.0041(10), 399384.33 FS. 401Law Implemented 403381.0011, 404381.004, 405381.0041, 406384.31 FS. 408History–New 11-6-85, Formerly 10D-93.67, Amended 7-12-89, 1-20-92, 5-1-96, Formerly 10D-93.067, Amended 8-24-99, 1-3-13, 9-5-16.


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