Notification of Results of Court-Ordered Human Immunodeficiency Virus (HIV) Testing of Sexual Offenders

PURPOSE: This rule establishes the procedure for notifying victims and jail or correctional facility administrators and the offenders of results when sexual offenders undergo court-ordered testing for human immunodeficiency virus. (1) If a court orders a person to undergo HIV testing under section 191.663, RSMo, the following information shall be reported by the court to the Section of STD/HIV/AIDS Prevention and Care Services: (A) The identity of the person to be tested; (B) The name and address of the facility which will submit the sample for testing; (C) The name and address of the laboratory which will conduct the testing, if known; (D) The name, address and telephone number of each victim who has a right to access the HIV test results under section 191.663, RSMo; and (E) The name, address and telephone number of the administrator of the jail or correctional facility where the sexual offender is confined. (2) All results of HIV testing performed under the provisions of section 191.663, RSMo, shall be reported by the laboratory performing the test to the Office of Surveillance. (3) Section of STD/HIV/AIDS Prevention and Care Services counseling and intervention staff shall convey the results of the testing, along with appropriate counseling and any necessary referral assistance, to each victim. (4) Section of STD/HIV/AIDS Prevention and Care Services staff shall convey the results of the testing, along with any necessary educational information relative to those results, to the administrator of the jail or correctional facility in which the sexual offender is confined. (5) Section of STD/HIV/AIDS Prevention and Care Services staff shall ensure that the results of the HIV testing are conveyed to the sexual offender appropriately and confidentially. AUTHORITY: section 191.663, RSMo Supp. 1999.* Emergency rule filed Nov. 2, 1994, effective Nov. 12, 1994, expired March 11, 1995. Emergency rule filed March 1, 1995, effective March 12, 1995, expired July 9, 1995. Original rule filed Nov. 2, 1994, effective May 28, 1995. Amended: Filed June 1, 2000, effective Nov. 30, 2000. *Original authority: 191.663, RSMo 1990, amended 1992, 1993, 1996, 1999. Public Health