Florida Regulations 64D-2.004: Testing Requirements
Current as of: 2024 | Check for updates
|
Other versions
(1) Prior to testing for HIV, the notification and consent requirements of sections 381.004(2)(a) and (b), F.S., must be met.
(2) Informed consent to perform a test for HIV in a non-health care setting need not be in writing if there is documentation in the medical record that the test has been explained and consent has been obtained.
(3) In health care and non-health care settings, informed consent to perform a test for HIV shall be in writing for the following:
(a) Prior to the first donation of blood, blood components, organs, skin, semen, or other human tissue or body part in accordance with Florida Statutes § 381.0041 The 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;
(b) Prior to testing for HIV for insurance purposes, in accordance with Florida Statutes § 627.429, or
(c) Prior to testing for HIV for contract purposes in a health maintenance organization, in accordance with Florida Statutes § 641.3007
(4) The following minors can be tested for HIV without parental consent:
(a) Any minor who requests examination, testing, consultation or treatment for a sexually transmissible disease, including HIV, in accordance with Florida Statutes § 384.30
(b) Any minor who has reached the age of 17 years, in compliance with Florida Statutes § 743.06
(c) Any married minor or unwed pregnant minor, in accordance with sections 743.01 and 743.065, F.S.
(5) Pursuant to Florida Statutes § 381.004(7), the Department of Health developed the Model Protocol for HIV Counseling and Testing In Health Care Settings, dated June 30, 2017, and the Model Protocol for HIV Counseling and Testing In Non-Health Care Settings, dated June 30, 2017, consistent with the provisions of this section and incorporates these documents by reference in this rule. The model protocols can be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-09328, and https://www.flrules.org/Gateway/reference.asp?No=Ref-09329.
(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 381.004(2)(c), F.S., and 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 Fl. Admin. Code R. 64D-2.005, and sections 381.0041(5), and (6), F.S.
Rulemaking Authority 381.004(9), 381.0041(10), 384.33 FS. Law Implemented 381.0011, 381.004, 381.0041, 384.31 FS. History-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, 5-6-18.
Terms Used In Florida Regulations 64D-2.004
- Contract: A legal written agreement that becomes binding when signed.
- Donor: The person who makes a gift.
(3) In health care and non-health care settings, informed consent to perform a test for HIV shall be in writing for the following:
(a) Prior to the first donation of blood, blood components, organs, skin, semen, or other human tissue or body part in accordance with Florida Statutes § 381.0041 The 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;
(b) Prior to testing for HIV for insurance purposes, in accordance with Florida Statutes § 627.429, or
(c) Prior to testing for HIV for contract purposes in a health maintenance organization, in accordance with Florida Statutes § 641.3007
(4) The following minors can be tested for HIV without parental consent:
(a) Any minor who requests examination, testing, consultation or treatment for a sexually transmissible disease, including HIV, in accordance with Florida Statutes § 384.30
(b) Any minor who has reached the age of 17 years, in compliance with Florida Statutes § 743.06
(c) Any married minor or unwed pregnant minor, in accordance with sections 743.01 and 743.065, F.S.
(5) Pursuant to Florida Statutes § 381.004(7), the Department of Health developed the Model Protocol for HIV Counseling and Testing In Health Care Settings, dated June 30, 2017, and the Model Protocol for HIV Counseling and Testing In Non-Health Care Settings, dated June 30, 2017, consistent with the provisions of this section and incorporates these documents by reference in this rule. The model protocols can be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-09328, and https://www.flrules.org/Gateway/reference.asp?No=Ref-09329.
(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 381.004(2)(c), F.S., and 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 Fl. Admin. Code R. 64D-2.005, and sections 381.0041(5), and (6), F.S.
Rulemaking Authority 381.004(9), 381.0041(10), 384.33 FS. Law Implemented 381.0011, 381.004, 381.0041, 384.31 FS. History-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, 5-6-18.