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 41150 - Post-Test Counseling Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The post-test counseling session shall be
						presented 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. This session shall be
						provided in a private setting with the door closed to any individual requiring
						counseling as provided for in section
						41148. If the inmate poses a
						threat to others, privacy should be provided to the extent possible. If a
						deputy must be present during the counseling session, confidentiality of the
						information discussed and inmates' responses shall be maintained. Before test
						results are disclosed, the counselor shall confirm that the test results
						pertain to the corresponding test subject.
(b) The counselor providing the post-test
						results and education shall be prepared to discuss the meaning of the reactive
						ELISA and the results of the supplemental test at the time the results are
						presented to the test subject.
(c)
						The counselor shall deliver at least 15 minutes of post-test counseling and
						information in person to those test subjects who tested nonreactive (negative)
						on the HIV antibody test. This information shall include appropriate
						information on the test result and reducing the risk of exposure to HIV. Topics
						and information covered shall include, but not be limited to, information
						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.
(d) The counselor shall deliver at least 30
						minutes of post-test counseling to those test subjects who repeatedly tested
						reactive (positive) on the HIV antibody test and positive on the supplemental
						confirmatory tests. The counselor shall also assess the test subject's reaction
						to the test result to determine if referral to mental health services is
						needed. The test subject shall be reminded that a positive HIV antibody test
						result does not mean the test subject has AIDS; however, the importance of this
						result should not be minimized.
(e)
						When ending the post-test counseling session, the counselor shall review the
						most salient points raised during the interview. These may include the meaning
						of the test result, particular concerns, e.g., consideration of parenthood,
						telling others, etc., confidentiality of the test, risk reduction behaviors and
						appropriate referral resources.
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 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.