§ 27.32b. Confidential and anonymous testing.
(a) Anonymous testing for HIV, except for blinded HIV testing authorized under section 5(f) of the Confidentiality of HIV-Related Information Act (35 P. S. § 7605(f)), may only be provided at State-designated anonymous testing sites. All other HIV testing shall be conducted confidentially with the name of the tested individual collected, and the name of the individual reported when the result of the test is reportable. A person or entity reporting as required in this section shall offer all HIV and AIDS-related services confidentially and may not provide anonymous testing, or consider any test or its results to be anonymous, unless it is a State-designated anonymous HIV testing site.
(b) Anonymous test results shall be reported in accordance with § 27.32a(b)(2)(relating to reporting AIDS, HIV, CD4 T-lymphocyte counts and percentages, HIV viral load test results, including detectable and undetectable test results, and HIV genotype test results and perinatal exposure of newborns to HIV). In lieu of the information required in § 27.32a(b)(2)(i), the report of an anonymous test shall include an assigned number preprinted on the HIV counseling and testing report form. The report shall also include the individuals county of residence.
(c) The Department may create and fund an additional anonymous HIV-testing site in a particular area when it finds, based on demographic information reported to it under this chapter, that there is a lack of access to anonymous HIV testing in that particular area.
(1) The Department may begin the process of designating an anonymous HIV testing site either by contacting a provider or by responding to a request from a provider to increase the number of sites in the geographic area specified by the request.
(2) If a provider is designated as an anonymous HIV-testing site, the provider shall adhere to the CDCs Guidelines for Counseling, Testing, Referral and Partner Notification and to the terms set out by the Department in any grant agreement.
The provisions of this § 27.32b adopted under section 16(b) of the Disease Prevention and Control Law of 1955 (35 P.S. § § 521.16(b)); sections 2102(g), 2106(a) and 2111(b) of The Administrative Code of 1929 (71 P.S. § § 532(g), 536(a) and 541(b)); and section 803 of the Health Care Facilities Act (35 P.S. § 448.803); amended under section 16(a) and (b) of the Disease Prevention and Control Law of 1955 (35 P.S. § 521.16(a) and (b)); sections 2102(g), 2106(a) and 2111(b) of The Administrative Code of 1929 (71 P.S. § § 532(g), 536(a) and 541(b)); and section 803 of the Health Care Facilities Act (35 P.S. § 448.803).
The provisions of this § 27.32b adopted July 19, 2002, effective July 20, 2002, 32 Pa.B. 3597; amended October 30, 2020, effective October 31, 2020, 50 Pa.B. 5981. Immediately preceding text appears at serial pages (290028) to (290029).
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