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/* The STATE OF COLORADO ADMINISTRATIVE CODE addresses reporting
cases of AIDS and conducting investigations in order to prevent
the spread of the disease. */
Colorado Board of Health
11/91
Rules and Regulations
pertaining to the Reporting, Prevention, and Control of
AIDS HIV Related Illness, and HIV Infection
Colorado has a comprehensive public health AIDS/HIV control law:
Colorado Revised Statutes Title 25, Article 4, Sections 1401 et
seq. These regulations are intended to provide detail and
clarification for selected parts of the above cited statute. The
statute covers subject matters not included in these regulations.
Regulation 1.
Reporting by physicians. health care providers, hospitals, and
others
Diagnosed cases of AIDS, HIV related illness, and HIV infection,
regardless of whether confirmed by laboratory tests, shall be
reported to the state or local health department or health agency
within 7 days of diagnosis by physicians, health care providers,
hospitals, or any other person providing treatment to a person
with HIV infection
All cases are to be reported with the patient's name, age, sex,
address (including city and county) , name and address of
responsible physician; and such other information as is needed to
locate the patient for follow-up. For cases reported from a
public anonymous testing site as provided by C.R.S. 25-4-1405.5,
The patient's name and address and the name and address of the
responsible physician are not required
Reports on hospitalized patients may be made part of a report by
the hospital as a whole
Research activities of persons performing clinical research on
persons with AIDS, HIV-related illness, or HIV infection whose
research activity:
1. Involves the study of HIV treatment or vaccine effectiveness
or is basic biomedical research into the cellular mechanisms
causing HIV infection or HIV-related disease;
2. Meets the research exemption criteria of C.R.S. 25-4-
1402.5(3); And
3 Has been approved by the Board of Health pursuant to C.R.S.
25-4-1402.5(2)
Regulation 2. Reporting by Laboratories
Cases of AIDS, HIV related illness, and HIV infection shall also
be reported with the information required in Regulation 1 by
laboratories whether or not associated with a hospital, and by
out of state laboratories that maintain an office or collection
facility in Colorado or arrange for collection of specimens in
Colorado. Laboratories shall report:
1. Any of the following positive serologic tests: (a)
repeatedly reactive ELISA test; (b) positive supplementary test
such as Western blot; (c) positive test for antigenemia [all of
the above according to test manufacturers' directions]; (d)
positive polymerase chain reaction test in persons less than 1 3
years of age; or (e) positive latex agglutination test for HIV.
2. Positive viral culture for HIV.
3. CD4 counts < 500 mm3 or CD4% <29% regardless of HIV test
results
When associated with other clinical or laboratory evidence of HIV
infection, the Board of Health defines a CD4 test result in the
range listed above as the primary immunologic measure indicating
severe HIV infection and when less than 200 mm3, as defining
AIDS. The Department shall destroy personal identifying
information on all persons with CD4 results in the reportable
range if investigation subsequent to the report finds no evidence
of infection. Laboratories may fulfill the requirement to report
CD4 counts < 500 mm3 or CD4% <29% by allowing authorized
personnel of the Department of Health to have access to such
records.
Regulation 3. Information sharing
Information concerning cases of AIDS, HIV related illness, or HIV
infection shall be shared between the appropriate local health
department or health agency and the state health department, as
provided by C.R.S. 25-4-1404, And in a timely manner, usually
within the time frame for reporting in Regulation 1.
These requirements shall not apply if the state and local health
agencies mutually agree not to share information on reported
cases.
Regulation 4. Confidentiality
All public health reports and records held by the state or local
health department in compliance with these regulations shall be
confidential information subject to C.R.S. 25-4-1404. The public
health reports and records referred to in C.R.S 25-4-1404 shall
include, but not be limited to, the forms and records designated
by the Colorado Department of Health for institutions and
agencies which screen individuals for HIV infection without
providing ongoing health care, such as a public HIV counseling
and testing site.
Reasonable efforts shall be made by the department to consult
with the attending physician or medical facility caring for the
patient prior to any further follow-up by state or local health
departments or health agencies.
Regulation 5.
Investigations to confirm the diagnosis and source of HIV
infection and to prevent HIV transmission
Investigations may be conducted pursuant to C.R.S. 25-4-1405 et
seq. To confirm the diagnosis and sources of HIV infection and
to prevent transmission of HIV and shall be considered official
duties of the health department or health agency. Such
investigations may include, but are not limited to:
(a) review of pertinent, relevant medical records by authorized
personnel, if necessary to confirm the diagnosis, to investigate
possible sources of infection, to determine objects and materials
potentially contaminated with HIV and persons potentially exposed
to HIV. Such review of records may occur without patient consent
and shall be conducted at reasonable times and with such notice
as is reasonable under the circumstances;
(b) performing follow-up interview(s) with the case or persons
knowledgeable about the case to collect pertinent and relevant
information about the sources of HIV infection, materials and
objects potentially contaminated with HIV, and persons who may
have been exposed to HIV.