Ala. Admin. Code r. 420-4-1-.08

Current through Register Vol. 43, No. 02, November 27, 2024

Section 420-4-1-.08 - Victims Of Sexual Offense To Request And Receive HIV Test Results Of Convicted Offender

(1) The victim of a sex offense may request the results of any tests on the defendant convicted of such sex offense, for the presence of HIV, the etiologic agent for acquired immune deficiency syndrome (AIDS). Such request shall be made in writing to the Department and must include the victim's name and address, the Circuit Court case number, and the date and location of conviction.

(2) Upon receipt of the victim's written request, the Department will obtain the case action summary from the appropriate county Criminal Court Division to verify the nature of the sex offense, date of conviction, victim name and address, defendant name, social security number, date of birth, and place of incarceration or confinement.

(3) Upon request of the State Health Officer, the Alabama Department of Corrections or the appropriate officials of any city or county jail shall provide in writing the results of any positive or negative test for HIV of a convicted sex offender to the State Health Officer or his or her designee.

(4) Upon receipt of the required information, the Department shall release the results of the HIV test to the victim. At the same time, the Department shall provide the victim of such sex offense counsel regarding HIV/AIDS disease, testing, and referral for appropriate healthcare and support services in accordance with applicable law.

Ala. Admin. Code r. 420-4-1-.08

Emergency adoption filed November 21, 1988. Permanent adoption filed February 17, 1989. Repealed and New Rule: Filed May 26, 2011; effective June 30, 2011.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 03, December 31, 2014, eff. 12/30/2014.

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 05, February 29, 2024, eff. 4/14/2024.

Rule 420-4-1-.10 was renumbered to .08 as pre certification filed November 25, 2014; effective December 30, 2014. Previous rules 420-4-1-.08 entitled "Notification of Funeral Home Personnel" and 420-4-1-.09, "Investigation of HIV/Hepatitis B Virus Infected Health Care Workers" were repealed as per certification filed November 25, 2014; effective December 30, 2014.

Author: Jane Cheeks, M.P.H., P. Brian Hale, J.D.

Statutory Authority:Code of Ala. 1975, §§22-2-2(6), 22-11A-17(a) - (c).