Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.31 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of rules
				641-11.30 (915) to
				641-11.34
				(915), the following definitions shall apply:
"AIDS"
means acquired immune deficiency
				syndrome as defined by the Centers for Disease Control and Prevention of the
				U.S. Department of Health and Human Services.
"Alleged offender "
means a person who has
				been charged with the commission of a sexual assault or a juvenile who has been
				charged in juvenile court with being a delinquent as a result of actions that
				would constitute a sexual assault.
"Authorized representative"
means an
				individual who is authorized by the victim to request an HIV-related test of a
				convicted or alleged offender and who is any of the following:
1. The parent, guardian, or custodian of the
			 victim if the victim is a minor.
2.
			 The physician of the victim.
3. The
			 victim counselor or person requested by the victim who is authorized to provide
			 the counseling regarding the HIV-related test and results.
4. The victim's spouse.
5. The victim's legal counsel.
"Convicted offender"
means a person convicted
				of a sexual assault or a juvenile who has been adjudicated delinquent for an
				act of sexual assault.
"Department"
means the Iowa department of
				public health.
"Department of corrections"
means the Iowa
				department of corrections.
"Division "
means the crime victim assistance
				division of the office of the attorney general.
"HIV"
means the human immunodeficiency virus
				identified as the causative agent of AIDS.
"HIV-related test"
means a diagnostic test
				conducted by a laboratory approved pursuant to CLIA for determining the
				presence of HIV or antibodies to HIV.
"Petitioner "
means a person who is the victim
				of a sexual assault which resulted in alleged significant exposure, or the
				parent, guardian, or custodian of a victim if the victim is a minor, for whom
				the county attorney files a petition with the district court to require the
				convicted offender to undergo an HIV-related test.
"Sexual assault"
means sexual abuse as defined
				in Iowa Code section
				709.1, or
				any other sexual offense by which a victim has allegedly had sufficient contact
				with a convicted or an alleged offender to be deemed a significant
				exposure.
"Significant exposure "
means contact of the
				victim's ruptured or broken skin or mucous membranes with the blood or bodily
				fluids, other than tears, saliva, or perspiration, of the convicted or alleged
				offender. "Significant exposure" is presumed to have occurred when there is a
				showing that there was penetration of the convicted or alleged offender's penis
				into the victim's vagina or anus, contact between the mouth and genitalia, or
				contact between the genitalia of the convicted or alleged offender and the
				genitalia or anus of the victim.
"Victim "
means a petitioner or a person who
				is the victim of a sexual assault which resulted in significant exposure, or
				the parent, guardian, or custodian of such a victim if the victim is a minor,
				for whom the victim or the peace officer files an application for a search
				warrant to require the alleged offender to undergo an HIV-related test.
				"Victim" includes an alleged victim.
"Victim counselor "
means a person who is
				engaged by a crime victim center as defined in Iowa Code section
				915.20A,
				who is certified as a counselor by the crime victim center, and who has
				completed at least 20 hours of training provided by the Iowa coalition against
				sexual assault or a similar agency.