No. 35373 (5-year Review): Rule R388-803. HIV Test Reporting

DAR File No.: 35373
Filed: 10/21/2011 08:25:31 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule establishes requirements for: reporting, screening, diagnostic and treatment test results to Human Immunodeficiency Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS) and partner identification and notification as required by Sections 26-6-3 and 26-6-3.5 of the Utah Communicable Disease Control Act.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There have not been any written comments received during and since the last five-year review of the rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is authorized and mandated by state law, and implements or interprets Sections 26-6-3 and 26-6-3.5 of the Utah Communicable Disease Control Act. The rule is worded in such a way as to give laboratories, providers, or other reporting sources the option of reporting to either the local health department or the Utah Department of Health. Clear mechanisms are in place that state that local health departments must report morbidity and positive HIV test results to the Utah Department of Health. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Disease Control and Prevention; HIV/AIDS, Tuberculosis Control/Refugee Health
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Cristie Chesler at the above address, by phone at 801-538-9465, by FAX at 801-538-9913, or by Internet E-mail at [e-mail]

Authorized by:

David Patton, Executive Director

Effective:

10/21/2011

---