Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.74 - Testing, Reporting, and Counseling-penalties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The physician or other practitioner who
			 orders the test of a convicted or alleged offender for HIV under Iowa Code
			 chapter 709B shall disclose the results of the test to the convicted or alleged
			 offender, and to the victim counselor or a person requested by the victim who
			 is authorized to provide the counseling required pursuant to Iowa Code section
			 141.22, who shall disclose the results to the petitioner
(2) All testing under this chapter shall be
			 accompanied by pretest and posttest counseling as required under Iowa Code
			 section 141.22. The department of public health may be contacted for brochures
			 that may assist in meeting the requirements of Iowa Code section
			 141.22.
(3) Subsequent testing
			 arising out of the same incident of exposure shall be conducted in accordance
			 with the procedural and confidentiality requirements of 641-II.70(709B) to
			 641-II.74(709B).
(4) Results of a
			 test performed under
			 641-11.70 (709B) to
			 641-11.74
			 (709B), except as provided in subrule 11.74(6), shall be disclosed only to the
			 physician or other practitioner who orders the test of the convicted or alleged
			 offender, the convicted or alleged offender, the victim, the victim counselor
			 or person requested by the victim who is authorized to provide the coimseling
			 required pursuant to Iowa Code section 141.22, the physician of the victim if
			 requested by the victim, the parent, guardian, or custodian of the victim, if
			 the victim is a minor, and the county attorney who filed the petition for the
			 HIV testing under
			 641-11.70 (709B) to
			 641-11.74
			 (709B), who may use the results to file charges of criminal transmission of
			 HIV. Results of a test performed under these rules shall not be disclosed to
			 any other person without the written, informed consent of the convicted or
			 alleged offender A person to whom the results of a test have been disclosed
			 under
			 641-11.70 (709B) to
			 641-11.74
			 (709B) is subject to the confidentiality provision of Iowa Code section 141.23,
			 and shall not disclose the results to another person except as authorized by
			 Iowa Code section 141.23, subsection 1.
(5) If HIV testing is ordered under
			 641-11.70 (709B) to
			 641-11.74
			 (709B), the court shall also order periodic testing of the convicted offender
			 during the period of incarceration, probation, or parole or of the alleged
			 offender during a period of six months following the initial test if the
			 physician or other practitioner who ordered the initial test of the convicted
			 or alleged offender certifies that, based upon prevailing scientific opinion
			 regarding the maximum period during which the results of an HIV test may be
			 negative for a person after being HIV-infected, additional testing is necessary
			 to determine whether the convicted or alleged offender was HIV-infected at the
			 time the sexual assault or alleged sexual assault was perpetrated. The results
			 of the test conducted pursuant to subrule 11.74(6) shall be released only to
			 the physician or other practitioner who orders the test of the convicted or
			 alleged offender, the convicted or alleged offender, the victim coimselor or
			 person requested by the victim who is authorized to provide the coimseling
			 required pursuant to Iowa Code section 141.22, who shall disclose the results
			 to the petitioner, the physician of the victim if requested by the victim and
			 the county attorney who may use the results as evidence in the prosecution of
			 the sexual assault or in the prosecution of the offense of criminal
			 transmission of HIV.
(6) The court
			 shall not consider the disclosure of an alleged offender's serostatus to an
			 alleged victim, prior to conviction, as a basis for a reduced plea or reduced
			 sentence.
(7) The fact that an HIV
			 test was performed under 641-II.70(709B) to
			 641-11.74
			 (709B) and the results of the tests shall not be included in the convicted
			 offender's medical or criminal record unless otherwise included in department
			 of corrections records.
(8) The
			 fact that an HIV test was performed under
			 641-11.70 (709B) to
			 641-11.74
			 (709B) and the results of the test shall not be used as a basis for further
			 prosecution of a convicted offender in relation to the incident which is the
			 subject of the testing, to enhance punishments, or to influence
			 sentencing.
(9) If the serologic
			 status of a convicted offender, which is conveyed to the victim, is based upon
			 an HIV test other than a test which is authorized as a result of the procedures
			 established in
			 641-11.70 (709B) to
			 641-11.74
			 (709B), legal protections which attach to such testing shafl be the same as
			 those which attach to an initial test under
			 641-11.70 (709B) to
			 641-11.74
			 (709B), and the rights to a predisclosure hearing and to appeal provided under
			 1998 Iowa Acts, House File 2527, section 35, shall apply.
(10) HIV testing required under
			 641-11.70 (709B) to
			 641-11.74
			 (709B) shall be conducted by the state hygienic laboratory.
(11) Notwithstanding the provision of these
			 rules requiring initial testing, if a petition is filed with the court under
			 1998 Iowa Acts, House File 2527, section 35, requesting an order for testing
			 and the order is granted, and if a test has previously been performed on the
			 convicted offender while under the control of the department of corrections,
			 the test results shall be provided in lieu of the performance of an initial
			 test of the convicted offender, in accordance with
			 641-11.70 (709B) to
			 641-11.74
			 (709B).
(12) Test results shall not
			 be disclosed to a convicted offender who elects against disclosure.
(13) In addition to the counseling received
			 by a victim, referral to appropriate health care and support services shall be
			 provided. Referral information is available at state alternate test sites.
			 Alternate test site information is available from the Iowa department of public
			 health, STD/HIV prevention program, telephone (515)281-4936.
(14) In addition to persons to whom
			 disclosure of the results of aconvicted or alleged offender's HIV test results
			 is authorized under these rules, the victim may also disclose the results to
			 the victim's spouse, persons with whom the victim has engaged in vaginal, anal,
			 or oral intercourse subsequent to the sexual assault, or members of the
			 victim's family within the third degree of consanguinity.
(15) A person to whom disclosure of a
			 convicted offender's HIV test results is authorized under these rules shall not
			 disclose the results to any other person for whom disclosure is not authorized
			 under these rules. A person who intentionally or recklessly makes an
			 unauthorized disclosure in violation of this subrule is subject to a civil
			 penalty of $1000. The attorney general or the attorney general's designee may
			 maintain a civil action to enforce these rules. Proceedings maintained under
			 this subrule shall provide for the anonymity of the test subject, and all
			 documentation shall be maintained in a confidential manner