The proposed rule implements section 985.31(4)(e) and .311(4)(e), Florida Statutes, governing the accessibility of testing results for human immunodeficiency virus in specified programs.

DEPARTMENT OF JUVENILE JUSTICE

RULE NOS.: RULE TITLES:

63M-1.001 Testing

63M-1.002 Confidentiality

PURPOSE AND EFFECT: The proposed rule implements section 985.31(4)(e) and .311(4)(e), Florida Statutes, governing the accessibility of testing results for human immunodeficiency virus in specified programs.

SUMMARY: The proposed rule establishes the guidelines for making HIV testing available in delinquency programs, and provides for the confidentiality of test results.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No statement of estimated regulatory costs has been prepared.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative, must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 20.316 FS., 985.405 FS., 985.31 FS., 985.311 FS.

LAW IMPLEMENTED: 985.31(4)(e) FS., .311(4)(e) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: April 17, 2006, 10:00 a.m.

PLACE: DJJ Headquarters, Knight Building, Probation Conference Room 108, 2737 Centerview Drive, Tallahassee, Florida.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Clyde Benedix, Policy Development Officer, Department of Juvenile Justice, Office of Administration, 2737 Centerview Drive, Ste. 312, Tallahassee, FL 32399-3100, phone number [phone].

THE FULL TEXT OF THE PROPOSED RULES IS:

 

63M-1.001 Testing.

(1) Department facilities housing juveniles shall ensure that their facility operating procedures allow for the following:

(a) Means by which resident youth may request, with appropriate informed consent, an HIV/AIDS test;

(b) The availability of testing either on or off site;

(c) The availability of appropriate counseling;

(d) Confirmatory testing when indicated; and

(e) Medical follow-up.

(2) Pregnant youth must be offered an HIV test and, should the youth decline, a documented written objection must be filed in the child’s individual healthcare record.

Specific Authority 985.31 FS., 985.311 FS. Law Implemented 985.31(4)(e), 985.31(4)(e) FS. History–New________.

 

63M-1.002 Confidentiality.

(1) Each facility shall include in their facility operating procedures a description of who in the facility has access to HIV test results.

(2) The identity of the test subject shall remain confidential, as are records containing laboratory reports or any notation of a laboratory report relating to HIV testing.

(3) The results of any serologic blood or urine test shall be sealed in an envelope marked “confidential” and filed in the youth’s individual healthcare record.

(4) Written consent shall be obtained from the youth prior to the release of HIV/AIDS status to relevant healthcare providers.

Specific Authority 985.31 FS., 985.311 FS. Law Implemented 985.31(4)(e) FS., 985.31(4)(e) FS. History–New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULES: Clyde Benedix, Policy Development Officer, Office of Administration, Department of Juvenile Justice.

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULES: Jane McElroy, Assistant Secretary for Administration, Department of Juvenile Justice.

DATE PROPOSED RULES APPROVED BY AGENCY HEAD: January 23, 2006.

DATE NOTICE OF PROPOSED RULE DEVELOPMENTS PUBLISHED IN FAW: February 3, 2006.