1. (a) The chief medical officer shall take into consideration the following factors in ordering an HIV test of an inmate or other person who is the subject of the report filed, regardless of whether the report filed contains a request for HIV testing:

   1. (1) Whether an exchange of body fluids occurred which could have resulted in HIV infection. In determining whether an HIV test is warranted, “body fluids” considered for testing shall be limited to the fluids listed in section 41102 (a). Transmission of body fluids from one person to another shall have occurred either by:

      1. (A) Incidents involving injury to inmates or staff in which body fluids may have been exchanged.
      2. (B) Incidents involving injecting of any substances using sharps, needles, syringes, or tattooing instruments.
      3. (C) Incidents involving sexual activity which resulted in exchange of body fluids.
   2. (2) Whether the person displays medical conditions or clinical findings symptomatic of HIV infection.
   3. (3) Whether, as a result of the reported incident, the health of the institution staff or inmates may have been jeopardized.

Note: Authority cited: Section 7518, Penal Code and Chapter 1579, Section 4, Statutes of 1988. Reference: Sections 7501(a), 7502(c) and (d), 7511(b), (1), (2) and (3) and 7516(b), (1), (3) and (5) and (c), Penal Code.

History

1. New section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 4-30-90.

2. Certificate of Compliance as to 12-29-89 order transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90 as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-9-90 or emergency language will be repealed the following day.

3. Editorial correction of History 2. showing the correct transmittal date (Register 90, No. 50).

4. Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90. Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance including amendment transmitted to OAL 3-11-91 (Register 91, No. 18).