The Allegheny County Health Department finds
that Human Immunodeficiency Virus (HIV) surveillance is necessary
to determine the incidence and prevalence of HIV-infected individuals
in Allegheny County. This will aid in early identification and treatment,
evaluation and implementation of preventive measures and programs,
definition of the need for additional HIV related medical and social
services, and directing resources towards those populations in the
county with the greatest need. Therefore, the purpose of these regulations
is to implement a reporting system in Allegheny County.
The regulation of HIV reporting is necessary
to promote the health, safety, and welfare of the citizens of the
County of Allegheny.
As used in this chapter, the following terms
shall have the meanings indicated:
ANONYMOUS
A patient does not use the patient's name as identification
and uses a unique nonidentifying code known only to the individual
being tested.
CONTACT
A sex or needle-sharing partner of the patient.
DEPARTMENT
The Allegheny County Health Department.
DIRECTOR
The Director of the Allegheny County Health Department.
HEALTH CARE FACILITY
A general or special hospital including tuberculosis and
psychiatric hospitals; rehabilitation facilities; skilled nursing
facilities; kidney disease treatment centers, including freestanding
hemodialysis units; intermediate care facilities and ambulatory surgical
facilities, both profit and nonprofit, and including those operated
by an agency of state or local government; and any other facility
that tests for the presence of HIV.
HIV
Infection with the human immunodeficiency (virus) viruses
that are the cause of AIDS, or, as the term may be defined from time
to time by the Centers for Disease Control and Prevention of the United
States Public Health Service, or any other agent identified as a probable
cause of AIDS.
INCIDENCE
The number of cases of a disease in a defined population
over a specific period of time.
PARTNER NOTIFICATION
An attempt on the part of the physician, health care facility,
or testing site to offer services to the HIV positive patient which
include notification to the patient's contact(s)of the possibility
of exposure and the availability of counseling and testing.
PREVALENCE
The number of cases of a disease existing in a given population
at a specific time period or time point.
SEROLOGICAL TEST:
A.
A serum specimen repeatedly reactive for HIV
antibody by a licensed screening test (for example, enzyme-linked
immunosorbent assay (EIA) that has been verified by a more specific
subsequent test [such as Western Blot or immuno-fluorescence assay(IFA)];
B.
A positive lymphocyte culture verified by a
specific HIV antigen test or by in situ hybridization using a deoxyribonucleic
acid (DNA) probe;
C.
A positive result on any other highly specific
test for HIV, including but not limited to OraSure testing methods;
and
D.
Any other testing that may be approved by the
Department.
UNIQUE PATIENT IDENTIFYING CODE
A specific alphanumeric code assigned to a patient which
distinguishes one patient from all other patients, does not reveal
the patient's identity, and remains the same regardless of when or
where the patient is tested.
A physician, other than a psychiatrist, who
treats or examines a person who is suffering from HIV shall make a
report of the condition to the Department within 15 days of the initial
examination.
A. The report shall be on a form prescribed by the Department.
B. The report shall be mailed to the Department at address
designated on report provided by the Department.
A person in charge of a health care facility
where any person is treated or examined who is suffering from HIV
shall make a report of the condition to the Department within 15 days
of the initial examination, but the report shall not relieve physicians
of their duty to report in the manner set forth herein.
A. The report shall be on a form prescribed by the Department.
B. The report shall be mailed to the Department at address
designated on the report provided by the Department.
Prior to any testing pursuant to these regulations,
the physician, reporting laboratory, or health-care facility offering
such test or who offers treatment, shall inform the patient of the
recognized manners of reporting, (i.e., name-based, unique identifier,
and anonymous) and inform the patient of his or her option to choose
the manner of reporting. If the chosen manner of reporting is not
available at that site, the physician, laboratory, or health-care
facility shall refer the patient to an alternative testing site.
The Director of the Department shall maintain
records that will permit the efficient function of the Department
for the prevention and control of HIV.
The Department is authorized to receive confidential
HIV-related information by virtue of the Confidentiality of HIV-Related
Information Act, 1990, Nov. 29, P.L. 585, No. 148, § 7, and by the Act of April 23, 1956 (1955 P.L. 1510, No.
500), known as the "Disease Prevention and Control Law of 1955."
The Department shall administer and enforce
the provisions of this chapter and any other rule or regulation of
the Department.
Any person or legal entity aggrieved by the
action of the Department, or by any order, notice, decision or determination
issued by the Department, may file an appeal in accordance with Article
XI, entitled "Hearings and Appeals."