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HIV and States’ Communicable Disease Reporting Requirements

posted on Mon, Aug 1 2016 3:25 pm by The Network

A requestor recently contacted the Network for information on how HIV reporting is included in states’ communicable disease reporting rules, specifically those states that do not have standalone rules specific to HIV reporting, but instead include HIV reporting in general disease reporting requirements.

The Network provided the requestor with two resources related to HIV reporting laws across the United States:

  • A Law Atlas map showing state laws pertaining to communicable disease reporting, and indicating whether:
    • A state’s law requires communicable diseases to be reported to a health department.
    • A state’s law requires reporting for HIV/AIDS cases.
    • The Centers for Disease Control and Prevention’s state-by-state breakdown of HIV laws showingstates’ HIV testing laws, laboratory reporting laws, HIV-specific criminal laws and relevant links.

Additionally, the Network summarized a few states’ approaches to HIV reporting for the requestor’s consideration:

Standalone rule for reporting of sexually transmitted infections (STIs)

Illinois

The Illinois disease reporting regulations include a general communicable disease reporting rule and a standalone rule applicable to sexually transmissible infections, including HIV infection and AIDS.

Of interest as well is Ill. Admin. Code, tit. 77, pt. 697, which is the HIV/AIDS Confidentiality and Testing Code. Section 697.210 of this part requires local health authorities to relay HIV/AIDS reports to the state HIV/AIDS Registry System established under the HIV/AIDS Registry Act, codified at 410 Ill. Comp. Stat. § 310/1.

HIV reporting included in general communicable disease reporting rule

Indiana

Indiana’s disease reporting regulations (found at 410 Ind. Admin. Code, Article 1) include HIV/AIDS in a general disease reporting rule rather than a standalone rule; however, the relevant Indiana statute (Ind. Code § 16-41-2-3) includes a standalone provision for reporting of HIV/AIDS that requires reporting to the state (rather than to a local health officer). Thus, the regulations reflect this distinction.

Specifically, the general list of reportable diseases (applicable to licensed physicians and hospital administrators) is located at 410 Ind. Admin. Code 1-2.5-75 and includes HIV infection and AIDS. The regulation specifies that reports of HIV infection/disease must be made to the state health department as required by Ind. Code § 16-41-2-3, while all other reports shall be made to the local health officer. Reporting requirements for laboratories are found at 410 Ind. Admin. Code 1-2.5-76 and include HIV and related retroviruses among a general list of reportable diseases; all laboratory reports are submitted to the state health department.

Missouri

Missouri includes reporting of HIV infection and AIDS in its general disease reporting regulation, which is located at Mo. Code Regs. tit. 19, § 20-20.020. However, the reporting requirement is reiterated and exceptions provided in a separate provision located at Mo. Code Regs. tit. 19, § 20-26.040, which specifically applies to HIV testing. Section (3) of this regulation requires reporting of confirmed HIV infection on forms provided by the department (scroll to page 4 of the document to see the form). 

Oregon

Disease reporting regulations are found at Or. Admin. R., Chapter 333, Division 18. Oregon includes reporting of HIV infection and AIDS in its general disease reporting regulation, found at Or. Admin. R. § 333-018-0015. Section 333-018-0005 states that with the consent of the local public health administrator, a licensed laboratory may report certain HIV test results directly to the Oregon Health Authority’s HIV Program in lieu of reporting to the local public health administrator.

Vermont

Vermont’s communicable disease reporting regulations are located at Vt. Code. R. § 13 140 007.* Reporting of HIV and AIDS is included in a general list of diseases, syndromes, and treatments which must be reported, found in section 5.5.1 for health care providers and others, and section 5.6.1 and 5.6.2 for laboratories. Section 4.2 of the regulation requires specific confidentiality measures to be taken in relation to HIV and AIDS reports, and section 5.3 states that HIV and AIDS reports must be made on specific confidential case report forms.

The Vermont statutes include a chapter on communicable diseases, which contains a subchapter on venereal diseases that is separate from its general provisions on communicable diseases. The subchapter on venereal disease includes a reporting requirement for public institutions at Vt. Stat. Ann. tit. 18, § 1101.

*Vermont’s regulations may be accessed using the following steps: click the provided link; click to expand Agency 13; click to expand Sub-Agency 140; click to expand Chapter 007; and finally click the link to “Subchapter 1 Reportable and Communicable Diseases Rule.”

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