California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 5 - COUNSELING › Section 41149 - Pre-Test Counseling Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The pre-test counseling session shall be
						delivered by the chief medical officer, or his or her designee, and shall
						include, but not be limited to, a licensed physician or surgeon, registered
						nurse, or other health professional who has knowledge of the transmission,
						prevention, and etiology of HIV infection and AIDS. Any individual requiring
						counseling as provided for in section
						41148 shall be given the
						opportunity to meet individually in private with the counselor to discuss
						personal questions about the HIV antibody test and its implications. Any
						written education material may be used which enhances or reinforces issues
						and/or topics covered in the pre-test session. In no way shall this educational
						material take the place of face-to-face HIV education counseling
						session.
(b) A counselor shall be
						available after the pre-test session to answer or provide additional
						information regarding the HIV antibody test.
(c) The counselor shall deliver a minimum of
						twenty minutes of pre-test information. During the pre-test session the
						counselor(s) should provide the client(s) with basic information about the HIV
						antibody test, interpretation of both positive and negative results and the
						possible consequences a test subject may confront by being identified as
						serologically positive. Information about reducing the risks of HIV
						transmission and exposure shall also be provided to the test subject during the
						pre-test counseling session. Topics and/or information covered during the
						pre-test counseling session shall include, but not be limited to, topics
						covered in the "Guidelines for Human Immunodeficiency Virus (HIV) Education,
						Information, and Testing in Correctional Facilities," December 1989, developed
						and distributed by the Department of Health Services, Office of AIDS.
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including renumbering and
						  amendment of former section
						  41149 to section
						  41150 and renumbering and
						  amendment of former section
						  41148 to section
						  41149, new section
						  41148 transmitted to OAL 3-11-91
						  and filed 4-10-91 (Register 91, No. 18).
Note: Authority cited: Sections
							 7502(b)
							 and
							 7518, Penal
							 Code and Chapter 1579, Section
							 4, Statutes of 1988. Reference:
							 Sections
							 7502(b),
							 7503 and
							 7514, Penal
							 Code.