Section 22-B206. HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION

 

206.1All Human Immunodeficiency Virus (HIV) infection cases and pregnancies in HIV-infected women (including Acquired Immune Deficiency Syndrome (AIDS)) shall be reported to the Director of the Department of Health or his or her designee.

 

206.2Physicians and others licensed to practice in the District under the District of Columbia Health Occupations Revision Act of 1985 (D.C. Official Code §§ 3-1201.01 et seq.), in charge of an AIDS diagnosis, shall report the AIDS diagnosis to the Director within forty-eight (48) hours of diagnosis and furnish information the Director deems necessary to complete a confidential case report. Additionally, physicians and others licensed under the District of Columbia Health Occupations Revision Act of 1985 shall report a HIV positive test result to the Director or his or her designee. The physician or provider, laboratory, blood bank, or other entity or facility that provides HIV testing shall report all cases of HIV infection to the Director or his or her designee. A physician, physician’s assistant, nurse-midwife, and other person licensed to practice in the District under the District of Columbia Health Occupations Revision Act of 1985 (D.C. Official Code §§ 3-1201.01 et seq.), who attends to, treats, examines, or provides perinatal treatment to a pregnant woman infected with HIV shall report the pregnancy to the Director within forty-eight (48) hours of diagnosis of the pregnancy and furnish information the Director deems necessary to complete a confidential case report.

 

206.3The reports required by Subsection 206.2 shall include the patient's name, address of residence, including city, state, and zip code, gender, race or ethnicity, mode of exposure, place or country of birth, date of birth, date of diagnosis of HIV or AIDS and opportunistic infections, the name and telephone number of the person making the report, and the name of the entity providing health or medical services.

 

206.4Upon receiving a report of the existence of an HIV infection, potential AIDS case, or the existence of a pregnancy in an HIV-infected woman, the Director or his or her designee shall make any investigation that he or she may deem necessary for the purpose of determining the source of the infection and the nature of the HIV treatment. To facilitate the investigation, any entity providing health or medical services shall make medical records and histories available to the Director for inspection.

 

206.5Information on HIV cases reported under this section shall be used for statistical, public health, epidemiological, and surveillance purposes only.  Pregnancy information reported under this section shall be used for public health purposes to ensure the health of the pregnant woman and prevent the transmission of a communicable disease.  The Director, or his or her designee, shall not disclose the identity of any person with an HIV infection or reported AIDS case or pregnancy status without the person’s written permission.

 

206.6The Department of Health shall ensure continued reasonable access to anonymous HIV testing through alternative testing sites in consultation with HIV planning groups and affected stakeholders, including representatives of persons living with HIV and HIV/AIDS service providers.

 

authority

Section 1 of An Act To authorize the Commissioners of the District of Columbia to make regulations to prevent and control the spread of communicable and preventable diseases, (“Act”), approved August 11, 1939 (53 Stat. 1408, Ch. 691; D.C. Official Code § 7-131 (2008 Repl.)), and Section 2 of Mayor’s Order 98-141, dated August 20, 1998.

source

Final Rulemaking published at 30 DCR 5152 (October 7, 1983); as amended by Final Rulemaking published at 30 DCR 6178 (December 2, 1983); as amended by Final Rulemaking published at 47 DCR 10209 (December 29, 2000); as amended by Final Rulemaking published at 48 DCR 472 (January 19, 2001); as amended by Final Rulemaking published at 53 DCR 9288 (November 17, 2006); as amended by Final Rulemaking published at 55 DCR 5980 (May 23, 2008); as amended by Final Rulemaking published at 60 DCR 11629 (August 9, 2013).