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.

Rulemaking Authority 381.004(9) FS. Law Implemented 381.004 FS. History–New 11-29-89, Amended 5-1-96, Formerly 10D-93.076, Amended 8-24-99, 1-3-13, 9-5-16.