Section 693.70  Counseling and Education for AIDS and HIV

a)         Concurrent with or in addition to the contact interview and investigation process, a Local Health Authority, Designated Agency or the Department, where applicable, shall:

1)         Attempt to determine whether an identified person within its jurisdiction whose laboratory test or clinical diagnosis indicates HIV infection or who has been exposed to HIV infection has recieved appropriate counseling and preventive education;

2)         If the individual has received such counseling and education, attempt to determine whether the individual has responded to that counseling and education to the extent that the person does not present a real danger to the public health by determining whether the person is engaging in conduct or activities which place others at risk of infection with HIV;

3)         If counseling and education had not been received, request that individual to report for such counseling and education at specific dates, times and locations or otherwise submit verifiable proof of such counseling by a specific date, and to complete any follow-up counseling prescribed by treatment personnel;

4)         Document all successful and unsuccessful attempts to secure appropriate counseling and education for such an individual on a voluntary basis.  Documentation shall include the dates, times, locations and forms of communications, including the individual's responses, and a detailed narrative of the process.

b)         A Local Health Authority or Designated Agency shall notify the Department of any case in which it:

1)         knows or believes on the basis of laboratory or epidemiologic evidence that a person within its jurisdiction is presently infected with HIV and infectious to others, is engaging in conduct or activities which place others at risk of exposure to HIV or has stated his or her intention to do so, and has refused the counseling and education which has been prescribed for the contagion control of HIV infection, and

2)         has exhausted its means of obtaining compliance with this Section.

c)         Upon receipt of such notification, the Department shall promptly investigate to determine whether adequate grounds exist for seeking a court-issued warrant for ordering such individual to undergo counseling and education pursuant to Section 6(c) of the Act.  The Department shall also seek such a warrant, if appropriate, in cases not assigned to a Local Health Authority or Designated Agency.