Ariz. Admin. Code § 9-6-1104

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-6-1104 - Court-ordered STI-related Testing

A. A health care provider who receives the results of a test, ordered by the health care provider to detect an STI and performed as a result of a court order issued under A.R.S. § 13-1210, shall comply with the requirements in 9 A.A.C. 6, Article 8.

B. A health care provider who receives the results of a test, ordered by the health care provider to detect an STI and performed as a result of a court order issued under A.R.S. § 32-3207, shall comply with the requirements in 9 A.A.C. 6, Article 9.

C. When a court orders a test under A.R.S. § 13-1415 to detect a sexually transmitted infection, the prosecuting attorney who petitioned the court for the order shall provide to the Department:

1. A copy of the court order, including an identifying number associated with the court order;

2. The name and address of the victim; and

3. The name and telephone number of the prosecuting attorney or the prosecuting attorney's designee.

D. A person who tests a specimen of blood or another body fluid from a subject to detect a sexually-transmitted disease as authorized by a court order issued under A.R.S. § 13-1415 shall:

1. Be a certified laboratory, as defined in A.R.S. § 36-451;

2. Use a test approved by the U.S. Food and Drug Administration for use in STI-related testing; and

3. Report the test results for each subject to the submitting entity within five working days after obtaining the test results.

E. A submitting entity that receives the results of a test to detect a sexually transmitted infection that was performed as a result of a court order issued under A.R.S. § 13-1415 shall:

1. Notify the Department within five working days after receiving the results of the test to detect a sexually transmitted infection;

2. Provide to the Department:

a. A written copy of the court order,

b. A written copy of the results of the test to detect a sexually transmitted infection, and

c. The name and telephone number of the submitting entity or submitting entity's designee; and

3. Either:

a. Comply with the requirements in:

i.R9-6-802(A)(2)(a) and (b), R9-6-802(D), and R9-6-802(F) through (J) for a subject who is not incarcerated or detained; and

ii.R9-6-802(B), R9-6-802(D) through (G), and R9-6-802(J) for a subject who is incarcerated or detained; or

b. Provide to the Department or the local health agency in whose designated service area the subject is living:

i. The name and address of the subject;

ii. A written copy of the results of the test to detect a sexually transmitted infection, if not provided as specified in subsection (E)(2)(b); and

iii. Notice that the submitting entity did not provide notification as specified in subsection (E)(3)(a).

F. If the Department or a local health agency is notified by a submitting entity as specified in subsection (E)(3)(b), the Department or local health agency shall comply with the requirements in:

1. R9-6-802(A)(2)(a) and (b), R9-6-802(D), and R9-6-802(F) through (J) for a subject who is not incarcerated or detained; and

2.R9-6-802(B), R9-6-802(D) through (G), and R9-6-802(J) for a subject who is incarcerated or detained.

G. When the Department receives the results of a test to detect a sexually transmitted infection that was performed for a subject as a result of a court order issued under A.R.S. § 13-1415, the Department shall:

1. Provide to the victim:

a. A description of the results of the test to detect the sexually transmitted infection,

b. The information specified in R9-6-802(D), and

c. A written copy of the test results for the sexually transmitted infection; or

2. Provide to the local health agency in whose designated service area the victim is living:

a. The name and address of the victim,

b. A written copy of the results of the test to detect the sexually transmitted infection, and

c. Notice that the Department did not provide notification as specified in subsection (G)(1).

H. If a local health agency is notified by the Department as specified in subsection (G)(2), the local health agency shall:

1. Provide to the victim:

a. A description of the results of the test to detect the sexually transmitted infection;

b. The information specified in R9-6-802(D); and

c. A written copy of the test results for the sexually transmitted infection; or

2. If the local health agency is unable to locate the victim, notify the Department that the local health agency did not inform the victim of the results of the test to detect the sexually transmitted infection.

Ariz. Admin. Code § R9-6-1104

New Section made by final rulemaking at 14 A.A.R. 1502, effective April 1, 2008 (Supp. 08-2). Amended by final expedited rulemaking at 29 A.A.R. 3633, effective 11/8/2023.