HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/STATE/FLA-AC.ASC

Text File | 1993-01-14 | 33KB | 885 lines

/* Florida's administrative code on communicable disease follows.
*/



10D-3.061 Definitions.  When used in Chapter 10D-3, the following
terms shall mean:

(1)  "Carrier" -

(a)  A person who harbors pathogenic organisms of a communicable
disease but who does not show clinical evidence of the disease
and has not shown any such evidence for the ninety-day period
immediately  prior  to  the  discovery  of the pathogenic
organisms; or

(b)  A person to whom evidence points as the source of one  (1)
or  more  cases of any communicable disease but who refuses to
submit clinical specimens to the HRS county public health unit or
Department for examination; or

(c)  A person who, in the judgment of the HRS county public
health unit director/administrator or his designated
representative, is found to be a suspect carrier and who refuses
to submit to examination when ordered to do so for good cause
shown  by  HRS  county  public  health  unit
director/administrator; or

(d)  A person reported to the HRS county public health unit or
the State Health Office to be a carrier by the health authorities
of any municipality, county, or state in the United States, of
any foreign nation or of any international organization of which
the United States is a member,

(2)  "Case" - An instance of a notifiable disease or condition in
a person or animal,

(3)  "Communicable Disease" - An illness due to a specific
infectious agent or its toxic products which arises through
transmission of that agent or its products from a reservoir to a
susceptible host either directly as from an infected person or
animal or indirectly, through an intermediate plant or animal
host, vector or the inanimate environment.

(4)  "Contact" - A person or animal that has been in such
association with an infected person or animal or a contaminated
environment as to have had opportunity to acquire the infection.

(5)  "HRS county public health unit" - Local public health unit,
State of Florida, as authorized in Chapter 154, F.S.

(6)  "County Public Health Unit Director/Administrator" - The
director of an HRS county public health unit as defined in
Section 154.04, F. 5.

(7)  "Department"  - The Department of Health and Rehabilitative
Services, State of Florida, as created in Section 20.19, F.S.

(8)  "Department of Health and Rehabilitative Services" - The
Department of Health and Rehabilitative Services, State of
Florida, as created in Section 20.19, F.S.

(9)  "Designated Representative" - The person officially named by
the HRS county public health unit director/administrator or the
State Health Officer to represent and to carry out the functions
of the HRS county public health unit or the State Health Office,
respectively, in the absence of the HRS county public health
unit director/administrator or State Health Officer.

(10) "District Administrator" - The chief administrative official
appointed by the secretary of the Department in each HRS service
district as authorized in Section 20.19(4)(a), F.S.

(11) "Epidemic"  or  "Outbreak"  -  The occurrence in persons in
a community, institution, region, or other defined area of a
group of cases of an illness of similar nature clearly in excess
of normal expectancy.

(12) "Epizootic" - The occurrence in animals in a community,
institution, region or other defined area of a group of cases of
an illness of similar nature in excess of normal expectancy.

(13) "Exposure to Rabies" - An action whereby a potentially rabid
animal has bitten, scratched or put its saliva in contact with
the mucous membrane or an open lesion of another animal or human.

(14) "HRS District" - An operational unit of organization
composed of one (1) or more counties through which the Department
administers its programs of health, social and rehabilitative
services as authorized in Section 20.l9(4)(a), F.S.

(15) "Health Authorities" - Any HRS county public health unit
director/administrator or the State  Health  Officer  or  their
designated representatives; any chief health official of any
municipality, county, or state in the United States, of any
foreign nation or of any international organization of which the
United States is a member.

(16) "State Health Office" - The Central State Health Office
within the Department of Health and Rehabilitative Services,
State of Florida,  responsible  for  the  planning  and
development  of  all  health  programming  as established in
Section 20.l9(3)(c)2.c., F.S.

(17) "State Health Officer" - The highest official  appointed  by
the  secretary  of  the Department as program staff director in
the State Health  Office  as  authorized  in  Section
20.19(3)(c)l., F.S.

(18) "Household Contact" - Any person who lives in the same
dwelling unit with a case or carrier. Considering the disease in
question, at the discretion of the HRS county public health unit
director/administrator, other persons who are in frequent close
association with the case or with other household members may be
considered a household contact.

(19) "institution" - An established organization or corporation
having a social, educational, or religious purpose, e.g., school,
hospital, child care facility, etc.

(20) "Medical Examiner" - A practicing physician in pathology
appointed pursuant to Section 406.06, F.S., whose responsibility
it is to determine the cause and circumstances of deaths listed
in Section 406.11, F.S.

(21) "Morbidity Level" - The amount of a disease condition in a
given area.

(22) "Notifiable Disease" - A communicable disease or condition
of public health significance required to be reported in
accordance with these Rules.

(23) "Notification" - A written or verbal report as required by
any section of these Rules.

(24) "Outbreak" - Refer to definition of "Epidemic".

(25) "Public Preschool Center" - A public preschool center,
consisting of one or more classes, is one in which a program is
provided in grades other than K- 12 for pre-kindergarten aged
children and which is administered by a Florida public school
system,

(26) "Quarantine" - See Rule 10D-3.08 1(1),

(27) "School" - Any facility, public or non-public, operating
under Florida Statutes as a school.

(28) "Secretary"  -  The  head  of  the Department of Health and
Rehabilitative Services appointed by the Governor of the State of
Florida as authorized in Section 20.l9(2)(a), F.S,

(29) "Sensitive  Situation"  -  See  Rule 10D-3.093.

(30) "Source of Infection" - The person, animal, object or
substance from which an infectious agent passes directly to the
host.

(31) "Suspect" - A person whose medical history and symptoms
suggest that he may have or may  be  developing  a  notifiable
or  other communicable disease condition.



10D-3.062 Notifiable Diseases or Conditions to Be Reported,
Human.

(1)  The  following  notifiable  diseases  or conditions are
declared as dangerous to the public health. The occurrence or
suspected occurrence of these diseases listed in Rule 10D-3.062,
except cancer and carriers of certain diseases listed in Rule 10D-
3.091 in any person or persons affected at the time of death,
shall be reported by the attending practitioner to the HRS county
public health unit director/administrator as defined in Rule 10D-
3.076. Such reports shall be made within 48 hours of recognition
by telephone or in writing, except for certain specified diseases
as indicated below by a (T) which shall be reported immediately
by telephone. Exceptions to the reporting time frames required as
defined by this rule are provided for syphilis, as indicated in
10D-3.097(3), and AIDS, as indicated in  10D-3.098(l)(a)l., 2.
Cancer cases treated in hospitals shall be reported to the
Florida Cancer Data System as required by 385.202, F.S.

(a)  Acquired Immune Deficiency Syndrome (AIDS)

(b)  Amebiasis

(c)  Animal Bite to humans only by a potentially rabid animal

(d)  Anthrax (T)

(e)  Botulism,(T)

(f)  Brucellosis

(g)  Campylobacteriosis

(h)  Chancroid

(i)  Cryptosporidiosis

(j)  Dengue

(k)  Diphtheria (T)

(l)  Encephalitis

(m)  Giardiasis (acute)

(n)  Gonorrhea

(o)  Granuloma Inguinale

(p)  Haemophilus Influenzae Type b invasive disease

(q)  Hansen's Disease (Leprosy)

(r)  Hemorrhagic Fever (T)

(s)  Hepatitis

(t)  Histoplasmosis

(u)  Lead Poisoning

(v)  Legionnaire's Disease

(w)  Leptospirosis

(x)  Lyme Disease

(y)  Lymphogranuloma Venereum

(z)  Malaria

(aa) Measles (T)

(bb) Meningitis

(cc) Meningococcal Disease

(dd) Mercury Poisoning

(ee) Mumps

(ff) Paralytic Shellfish Poisoning (T)

(gg) Pertussis

(hh) Pesticide Poisoning

(ii) Plague (T)

(jj) Poliomyelitis (T)

(kk) Psittacosis

(11) Rabies

(mm) Relapsing Fever

(nn) Rocky  Mountain  Spotted  Fever  R. rickettsia

(oo) Rubella including congenital

(pp) Salmonellosis

(qq) Shigellosis

(rr) Smallpox (T)

(ss) Syphilis

(tt) Tetanus

(uu) Toxoplasmosis acute

(vv) Trichinosis

(ww) Tuberculosis

(xx) Tularemia

(yy) Typhoid Fever

(zz) Typhus (T)

(aaa) Vibrio cholera (T)

(bbb) Vibrio Infections

(ccc) Yellow Fever (T)

(ddd) Any disease outbreak in a community, a hospital, or other
institution, or a foodborne, or waterborne outbreak as defined in
Rule 10D-3.064.

(eee) Cancer  (except  non  melanoma  skin cancer)

(fff) Ciguatera

(ggg) Chlamydia trachomatis

(2)  The  department  periodically  will  list additional
diseases and conditions on its reporting forms for which
reporting is encouraged but not required.



10D-3.O65 Morbidity Level.  The HRS county public health unit
director/administrator shall determine the amount and kind of
notifiable diseases and other disease conditions occurring in his
jurisdiction by such methods as are in accord with accepted
public health practices.



10D-3.066 Notification by Laboratories.

(I)  All records of laboratories which provide evidence
suggestive of any notifiable disease shall be made available upon
request to representatives of the HRS county public health unit
director/administrator or the State Health Officer or to either
of their designated representatives or to other specifically-
named representatives, of the HRS county public health unit
director/administrator or the State Health Officer. Such
reporting is done in support of the control of diseases or
conditions of public health significance and does not violate
patient-provider confidentiality.  All laboratory information
described herein is confidential and is not open to public
inspection.

(2)  HRS county public health unit or State Health Office
personnel may contact the patient or the potential contacts so
identified from laboratory reports only after consulting with the
attending practitioner. All laboratory information herein
required is confidential and is not open to public inspection.



10D-3.067 Reports by HRS County Public Health Unit
Director/Administrator to the State Health Officer and District
Administrator.

(1)  Surveillance/investigation Case Reports for Individual Cases
- Each HRS county public health unit director/administrator shall
submit a disease-specific case report to the State Health Officer
and  district  administrator  for  each individual case of those
diseases on the notifiable disease list which have disease-
specific case report forms (the State Health Officer shall
distribute a list of the diseases/forms to the HRS county public
health unit directors/administrators) as soon as the case
investigation is completed. Such reports shall be made on the
required forms provided through the department.

(2)  Outbreak Reports and Special Reports - If investigation of
reports by the HRS county public health unit director/
administrator confirms an outbreak or an epidemic of a notifiable
disease or other disease condition or if the HRS county public
health unit director/administrator is informed of the occurrence
or suspicion of the occurrence of any single case of a notifiable
disease which has significant epidemic potential, the HRS county
public health unit director/administrator shall report such
occurrence or suspicion immediately by telephone to the State
Health Officer and district administrator.

(3)  Weekly Summary Reports - The HRS county public health unit
director/administrator shall prepare and send weekly to the State
Health Officer and district administrator a report showing the
number of cases of each disease on the notifiable disease list
which were reported during the past seven (7) days. Such reports
shall be made on the required forms provided through the
department.

(4)  Form Availability - The form used for these weekly summary
reports is available as indicated below:



FORM # HRS-H 2016

EFFECTIVE DATE (Jul91)

TITLE Communicable Disease Morbidity Surveillance Reporting Form
(Data Processing Sheet)

AVAILABILITY HRS county public health units (HRS, CPHUs)



10D-3.068 Notifiable  Disease  Case  Report Content.  All
notifiable  disease  case  reports required  by  Section  10D-
3.062,  10D-3.064, 10D-3.066, and  10D-3.067 shall contain the
diagnosis, name, address, age, sex, and date of onset of each
case.



10D-3.069 Confidentiality.    Information identifying persons or
institutions submitted in reports required in these Rules and
subsequent correspondence, memoranda, and summary reports
emanating from these reports are confidential and shall be made
public only when necessary to protect the public health. No
report so submitted shall be considered  a  violation  of  the
confidential relationship between practitioner and patient.



10D-3.071 Death   Certificates.  The   HRS county public health
unit director/administrator shall cause all death certificates
within his jurisdiction to be examined to identify cases of
previously unreported notifiable diseases. Reports of such cases
shall be made on the usual report forms and forwarded in the same
manner as other reports of cases of such notifiable diseases.



10D-3.072 Records of HRS County Public Health Unit
Director/Administrator.  The HRS county public health unit
director/administrator shall maintain such records on notifiable
diseases as required by the State Health Officer.



10D-3.073 Investigation of Case.  Upon being notified of a case
or suspected case of notifiable disease or an outbreak or an
epidemic of a notifiable disease or other disease condition, the
HRS county public health unit director/administrator shall take
action as required in these Rules, and additionally as he deems
necessary. If the nature of the disease and the circumstances
warrant, he shall make or cause to be made an examination of the
patient to verify the diagnosis, make an investigation to
determine the source of infection, and take other appropriate
action to prevent or control the spread of the disease.

(1)  Suspected  Source Outside County  but Within Florida - If
the disease is one in which identification  of  the  source  of
infection  is important, and if the source of infection is
thought to be outside the county in which the case is reported
but within Florida, the HRS county public health unit
director/administrator shall notify within 24 hours by telephone
or in writing the District Administrator and the HRS county
public health unit director/administrator in whose county it is
thought the source of infection is located.

(2)  Suspected Source in Another State or Country

(a)  If the source of infection is thought to be outside Florida,
the HRS county public health unit director/administrator shall
notify  the State Health Officer and District Administrator. The
State Health Officer shall notify within 24 hours by telephone or
in writing the Director of the State Health Agency in whose
jurisdiction it is thought the source of the infection is
located.

(b)  If the source of infection is thought to be in another
country, the report shall be made to the State Health Officer for
transmittal to the Centers for Disease Control (CDC).

(3)  Exposed Persons Outside Jurisdiction -Notification as
described in Section 10D-3.073(l) and (2) shall be given if there
are believed to be exposed  persons  requiring  identification
and follow-up outside the jurisdiction of the HRS county public
health unit director/administrator in which the case was
reported.



10D-3.074 Authority,  HRS  County  Public Health Unit
Director/Administrator and State Health Officer.

(1)  In  addition  to  the  authority  granted elsewhere in this
chapter, the State Health Officer or  his  designated
representative,  subject  to approval of the Secretary of the
Department, or the HRS  county  public  health  unit  director/
administrator, or his designated representative, shall have the
authority to give public notice of quarantine as defined in
Section 10D-3.081 and to initiate or terminate conditions of
quarantine for purposes of controlling the spread of notifiable
diseases or other disease conditions.

(2)  The  HRS  county  public  health  unit
director/administrator, the State Health Officer, or either of
their designated representatives shall have the authority to
visit all premises upon which a person or persons or animals are
quarantined to assure that provisions of this Chapter and his
orders applicable to the cases involved are observed.



10D-3.075 Enforcement, HRS County Public Health Unit
Director/Administrator and State Health Officer.  The HRS county
public health unit director/administrator, or the State Health
Officer or either of their designated representatives are
authorized  to  resort  to  necessary legal proceedings for the
control of notifiable diseases or other disease conditions as
provided for in Section 381.031 F. 5. to accomplish the
following:

(1)  Compliance of persons who refuse to submit themselves or
others for whom they are responsible including their animals to
necessary inspection, examination, treatment, sacrifice of the
animal, or quarantine.

(2)  To overcome resistance or opposition to actions of
individuals, local authorities, or state authorities in the
control of communicable disease.

(3)  To prevent  and  prohibit the removal, mutilation or
defacing of posted warnings or notices used for quarantine or
other measures taken to control the spread of communicable
disease.

(4)  To insure the reporting of notifiable diseases or other
disease conditions as required in these Rules.



10D-3.076 Who Shall Report.

(1)  Reports required by Sections 10D-3.062 and 10D-3.064 shall
be made to the HRS county public health  unit  director/
administrator  by  any attending practitioner, licensed  or
otherwise permitted in  Florida to  practice medicine,
osteopathic medicine, chiropractic, naturopathy, or veterinary
medicine, who diagnoses or suspects the existence of any disease
on the notifiable disease list as required in Section 381.231(1)
F.S. or by the medical examiner as defined in Section 406.11 F.S.
in cases of unattended deaths.

(2)  In addition to others who are required to report notifiable
diseases by other Chapters of the Florida Administrative Code or
Florida statutes, the following are requested to notify the HRS
county public health unit director/administrator of the name and
address of any person is his or her family, care, employ, class,
jurisdiction, custody or control, who is suspected of being
afflicted with a notifiable disease although no practitioner, as
in Section 10D-3.076(l) above has been consulted:

(a)  Every parent, guardian, householder; every nurse,  every
midwife;  every  superintendent, principal, teacher or counselor
of a public or private school; every administrator of a public or
private institution of higher learning; owner, operator. or
teacher of a child care facility; laboratory owner or operator;
owner or manager of a dairy, restaurant, or food storage, food-
processing establishment or food outlet; superintendent or
manager of a public or private camp, home or institution;
director or supervisor of a military installation, military or
Veterans Administration Hospital, jail, or juvenile detention
center.



10D-3.077 Reports, Hospitals.

(1)  The chief administrative officer of each civilian hospital
shall (and the United States military and Veterans Administration
Hospitals are requested to) appoint an individual from the staff,
hereinafter referred to as "reporting officer," who shall be
responsible for reporting cases or suspect cases of diseases on
the notifiable disease list in persons admitted to, attended to,
or residing in the facility (cf. Notification by Laboratories,
Section 10D-3.066).

(2)  Such case reports (except cancer) shall be made to the HRS
county public health unit director/administrator  within  48
hours  of recognition or suspicion by telephone preferably, or in
writing. Exceptions to the reporting time frames required as
defined by this rule are provided for syphilis, as indicated in
10D-3.097(3) and AIDS as indicated in 10D-3.098( 1 )(a) 1., 2.

(3)  Reporting of a case or suspect case of notifiable disease by
a hospital shall not be considered    as   violating   patient-
provider confidentiality and such information received by the
Department is confidential as per Section 10D-3.069. Reporting of
a case or suspect case of notifiable  disease  by  a  hospital
fulfills  the requirements of the attending practitioner to
report; however, it is the responsibility of the attending
practitioner to ensure that the report is made as stipulated in
Section 10D-3.062.

(4) Cancer cases shall be reported to the Florida Cancer Data
System as required by 385.202, F.S.



10D-3.093 Sensitive Situations.  A  sensitive situation is
defined as a setting in which the presence of a person or animal
infected with or suspected of being infected with a notifiable or
other communicable disease or condition which may significantly
affect public health would therefore, constitute a public health
hazard. The HRS county public health unit director/administrator.
or the State Health Officer, or either of their designated
representatives shall prohibit such person or animal from being
present in such situations. Locations which give rise to
sensitive situations may include but are not limited to schools,
child care centers, hospital and other patient care facilities,
food storage facilities, food-processing establishments, food
outlets, or places of employment. The prohibition shall be placed
in effect and shall remain in effect until the situation no
longer represents a public health hazard as determined by the HRS
county public health unit director/administrator, or the State
Health Officer, or either of their designated representatives.



10D-3.094 Control of Sexually Transmissible

Disease  -  General.  This  rule  prescribes prevention and
control measures relating to the designation of diseases as
sexually transmissible diseases, reporting, partner notification,
blood testing of pregnant women and enforcement and penalties.



10D-3.095 Definitions.  For the purposes of this chapter, the
following words and phrases shall have the meanings indicated:

(1) "AIDS" - Acquired Immunodeficiency Syndrome as defined by the
Centers for Disease Control of the United States Public Health
Service.  The definition for AIDS is found in Volume 36, No 1S,
pages 1S through 45 of the Morbidity and Mortality Weekly Report,
published August 14, 1987, by the Centers for Disease Control,
Atlanta, Georgia, 30333, and is hereby incorporated by reference
into this rule.

(2) Approved Laboratory - A laboratory approved by the Department
of Health and Rehabilitative Services under Part I of Chapter
483, Florida Statutes.

(3) Authorized Representative - A person designated by a HRS
county public health unit director/administrator or State Health
Officer to represent or carry out the functions of the department
with regard to the control of sexually transmissible diseases.

(4) Chancroid - An acute, localized, genital infection
characterized clinically by single or multiple painful ulcers at
the site of infection, frequently accompanied by swelling of the
lymph nodes caused by the infectious agent Haemophilus ducreyi,
as  described  in  the  International Classification of Diseases.

(5) Confidentiality - The protection of private and sensitive
information held by the department and its authorized
representatives.

(6) Partner  Notification  -  Interviewing, counseling,
education, and investigation activities, conducted by authorized
representatives of the department, of persons who are infected or
suspected of being infected with a sexually transmissible
disease.

(7) HRS  County  Public  Health  Unit -Agencies designated in
Chapter 154, F.S., for the delivery of public health services.

(8) Department - The Department of Health and Rehabilitative
Services.

(9) Gestation - The carrying of fetus in the uterus.

(10) Gonorrhoea - a sexually transmitted disease caused by the
infectious agent Neisseria gonorrhoea, as described in the
International Classification of Diseases.

(11) Granuloma  Inguinale  -  a  mildly communicable, nonfatal,
chronic and progressive bacterial  disease  of  the  skin  and
mucous membranes of the external genitalia, inguinale and anal
region caused  by the infectious agent Donovania granulomatis, as
described in the International Classification of Diseases.

(12) "HIV" Human Immunodeficiency Virus - The virus that has been
isolated and identified as the causative agent of AIDS, also
referred to as HIV-l.

(13) Lymphogranuloma  Venereum  -  A sexually transmitted
infection beginning with a small painless erosion, papule, nodule
or lesion on the penis or vulva, frequently unnoticed, caused by
the infectious agent Chlamydia trachomatis, as described in the
International Classification of Diseases.

(14) Midwife - A person, licensed under Chapter 464, F.S., or
Chapter 467, F.S., who assists women in childbirth.

(15) Physician - A medical doctor or doctor of osteopathy
licenced under the provision of Chapter 458. F.S., or Chapter
459, F.S.

(16) Source of Disease - The person from whom an infectious agent
passes to another person.

(17) Syphilis - A sexually transmitted disease caused  by  the
infectious  agent  Treponema pallidum, characterized by a primary
lesion, a secondary eruption involving skin and mucous membranes,
long periods of latency, and late lesions of the skin, bone,
viscera and the central nervous and cardiovascular systems, as
described in the International Classification of Diseases.

(18) Venous Blood - Blood drawn from the veins.

(19) Working Days - Means Monday through Friday excluding
official holidays observed by the State of Florida.

(20) Chlamydia trachomatis infection

Clinical Description

Infection with  Chlamydia trachomatis may result in urethritis,
epididymitis, cervicitis, acute salpingitis, or other syndromes
when sexually transmitted. Perinatal infections may result in
inclusion conjunctivitis and pneumonia among newborns.  Other
syndromes  caused  by  C. trachomatis include lymphogranuloma
venereum and trachoma.

Laboratory criteria for diagnosis

(a) Isolation of C. trachomatis by culture, or

(b) Demonstration of C. trachomatis in a clinical specimen by
antigen detection methods

Case Classification

Confirmed: a case that is laboratory confirmed.



10D-3.096 Diseases Designated as Sexually Transmissible Diseases.

(1) The following diseases are designated as sexually
transmissible diseases for the purposes of Chapter 384. F.S., and
this rule:

(a) Acquired Immunodeficiency Syndrome

(b) Chancroid

(c) Gonorrhea

(d) Granuloma Inguinale

(e) Human Immunodeficiency Virus Infection

(f) Lymphogranuloma Venereum

(g) Syphilis

(h)  Chlamydia Trachoniatis

(2) The department finds that the diseases designated  in
subsection  (1)  are  sexually transmissible and constitute a
threat to the public health and welfare of residents and visitors
to the state. The provision of regulation for these diseases will
serve a legitimate public interest by allowing the department and
its HRS county public health units to monitor the incidence of
disease and provide appropriate disease intervention activities
that will result in treatment, the interruption of disease
transmission,  and  reduction  of  the incidence of disease-
related complications.



10D-3.098 Reporting    Requirements    for Physicians for HIV and
AIDS.

(1) Reporting of cases of HIV infection and AIDS by physicians
who make a diagnosis of or treat a person with HIV infection or
AIDS shall be as follows:

(a) Confirmed HIV infected patients who have not been diagnosed
with AIDS shall be reported to the department provided the HIV
infected patient voluntarily  consents  to  be  reported  to  the
department by name and name identifiers to enable the department
to assist the HIV infected patient in notifying sex and needle-
sharing partners.

1. The time within which the report must be submitted shall be 24
hours after consent to be reported has been obtained.

2. Reports shall be completed and submitted on HRS Form 720
(effective 7-5-87) as directed in 10D-3.097(2) - (5).

(b) All cases of AIDS which meet the Centers for Disease Control
Case Definition of AIDS shall be reported. Reporting shall be as
follows:

1. The  form,  Acquired  Immunodeficiency Syndrome Confidential
Case Report (CDC 50.42A Rev. 6-89 or CDC 50.42B Rev. 9-89) upon
which the AIDS case will be reported shall be furnished by the
department or the local HRS county public health unit and
incorporated by reference into this rule. Identifying information
required on the form is:

a.   Patient's name

b.   Address

c.   Date of birth

d.   Current vital status

e.   Sex

f.   Race

g.   County of residence at diagnosis

h.   Diagnosing hospital

i.   Disease

j.   Method of diagnosis

k.   Other underlying diseases

l.   Known causes of reduced resistance

m.   Social and risk factors

n.   Laboratory data

o.   Name  and  address  of  the  physician submitting the
report.

2. The report must be submitted within two (2) weeks after
diagnosis. Reports shall be submitted to the HRS county public
health unit which, in turn, shall submit case reports within two
(2) weeks to the department.

(2) HIV and AIDS reports shall be submitted in an envelope
plainly marked "Confidential" and sealed with tape.



10D-3.100 Partner Notification.

(1) The  department  and  its  authorized representatives, when
deemed necessary to protect public health, shall interview, or
cause to be interviewed, all persons infected or suspected of
being infected with a sexually transmissible disease.

(2) All information gathered in the course of partner
notification shall be confidential and subject to the provisions
of 384.29, F.S.

(3) In every case where partner notification is initiated, the
authorized representative of the department shall first attempt,
by telephone or other means, to consult with the physician
submitting the report of a sexually transmissible disease before
initiating steps to interview the patient or cause the patient to
be interviewed.



10D-3.102 Enforcement and Penalties.

(1) Any person who does not comply as required by subsection 10D-
3.097, 3.098, and 3.099 of this rule shall be fined by the
department up to $500 for each offense.

(2) In determining the amount of fine to be levied for a
violation as provided in paragraph (1), the following factors
shall be considered:

(a)  A   history  of  late,   infrequent,  or non-reporting by
each physician or midwife who makes a diagnosis of or treats a
person with a sexually transmissible disease and each laboratory
that performs a test for a sexually transmissible disease which
concludes with a positive test.

(b) The severity of the violation, including the probability that
transmission of the disease will be spread to other persons or
serious harm to the health of any person will result or has
resulted.

(c)  Actions taken by the physician or midwife, and each
laboratory, to correct the violation or to remedy the complaints.

(d)  Any previous violations of the physician, midwife or
laboratory.

(e)  All amounts collected pursuant to this section shall be
deposited in the HRS county public health unit trust fund.