Health (Infectious Diseases) (Notification of HIV) Regulations 1996

i Health (Infectious Diseases) (Notification of HIV) Regulations 1996 S.R. No. 93/1996 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Principal Regulations 2 4. Amendments to regulation 19(b) 2 5. Insertion of new regulation 19(c) 2 6. Insertion of new regulation 19A 3 19A. Information required in relation to newly diagnosed persons—HIV 3 7. Insertion of HIV infection in Schedule 2 3 8. Insertion of Form 3 in Schedule 3 4 ═══════════════ NOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 1996 S.R. No. 93/1996 Health Act 1958 Health (Infectious Diseases) (Notification of HIV) Regulations 1996 The Governor in Council makes the following Regulations: Dated: 3 September 1996 Responsible Minister: ROB KNOWLES Minister for Health N. C. WHITE Acting Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to require— (a) pathology services to provide additional information relating to the incidence of HIV infection; and (b) medical practitioners to notify the Chief General Manager of the occurrence of cases of HIV infection. 2. Authorising provisions These Regulations are made under sections 130, 146, 390 and 391 of the Health Act 1958. -- 2 of 8 -- S.R. No. 93/1996 Health (Infectious Diseases) (Notification of HIV) Regulations 1996 2 3. Principal Regulations In these Regulations 1 Health (Infectious Diseases) Regulations 1990 are called the Principal Regulations. 4. Amendments to regulation 19(b) In regulation 19(b) of the Principal Regulations— (a) for sub-paragraph (ii) substitute— "(ii) in addition to the requirements set out in section 130(2)(a) and (b) of the Act, for the purposes of section 130(2), the prescribed particulars for each prescribed period are the information required by regulation 19A; and"; and (b) in sub-paragraph (iv)— (i) omit "in paragraph (d),"; and (ii) for "(F) Other." substitute "(F) Other; and". 5. Insertion of new regulation 19(c) After regulation 19(b) of the Principal Regulations insert— "(c) in sub-section (8), the following are prescribed persons, organisations or bodies engaged in research— (i) the Director for the time being of the National Centre for Epidemiology and Clinical Research; and (ii) the Macfarlane Burnet Centre for Medical Research Limited.". r. 3 -- 3 of 8 -- S.R. No. 93/1996 Health (Infectious Diseases) (Notification of HIV) Regulations 1996 3 6. Insertion of new regulation 19A After regulation 19 of the Principal Regulations insert— "19A. Information required in relation to newly diagnosed persons—HIV For the purposes of section 130(2)(c) of the Act, the following information is required in relation to each newly diagnosed person— (a) the family name (first 2 letters only) and given name (first 2 letters only) of that person; and (b) the prescribed category as detailed in regulation 19(b)(iv) of that person; and (c) the date the specimen was taken in relation to that person; and (d) the date of birth, sex and post code of current residence of that person; and (e) the name, address and telephone number of the relevant doctor that requested the test on that person.". 7. Insertion of HIV infection in Schedule 2 In Group D in Schedule 2 to the Principal Regulations— (a) after "Acquired Immunodeficiency Syndrome" insert "HIV infection"; and (b) for the words commencing with "Written notification" and ending with "diagnosis." substitute— "Written notification in the form of— (i) Form 2 in Schedule 3 in relation to AIDS; or r. 6 -- 4 of 8 -- S.R. No. 93/1996 Health (Infectious Diseases) (Notification of HIV) Regulations 1996 4 (ii) Form 3 in Schedule 3 in relation to HIV infection— within 7 days of confirmation of diagnosis.". 8. Insertion of Form 3 in Schedule 3 After Form 2 in Schedule 3 to the Principal Regulations insert— "FORM 3 NOTIFICATION OF HIV INFECTION (Strictly Confidential) 1. NOTIFYING DOCTOR Name Address Telephone number Hospital name (if appropriate) Signature 2. PATIENT REFERENCE Family name (first 2 letters only) Given name (first 2 letters only) Date of birth Sex Post Code of current residence 3. OTHER CHARACTERISTICS OF THE PERSON Country of birth Cultural/ethnic background If Australian, Aboriginal/Torres Strait Islander If born overseas, year of arrival into Australia Language other than English spoken at home 6. EXPOSURE CATEGORY Person as inter ie ed ith 4. REASON FOR TESTING Exposure risk (see section 6) Screening— organ or semen donor insurance immigration antenatal Other 5. DIAGNOSIS Date of first diagnosis of HIV infection State/Territory of first diagnosis of HIV infection CD4+ count at first diagnosis of HIV infection History of seroconversion illness Date of seroconversion illness Has the person had a previous HIV test Date of last test Result of last HIV test Source of information on last test, patient, doctor or laboratory 6a. SEXUAL CONTACT r. 8 -- 5 of 8 -- S.R. No. 93/1996 Health (Infectious Diseases) (Notification of HIV) Regulations 1996 5 Person was interviewed with regard to exposure: Not at all (provide detail) To a certain extent (answer following questions) In depth (answer following questions) More than one exposure category may be ticked. Sexual exposure (at least one must be ticked) Sexual contact only with person of same sex Sexual contact with both sexes (if female see section 6a) Sexual contact only with person of opposite sex (see section 6a) Sexual contact with a person from another country (write country) No sexual contact Sexual exposure not known Vertical exposure Mother with/at risk for HIV infection (see section 6b) Blood exposure Injecting drug use (detail) Recipient of blood, blood products or tissue (detail) Haemophilia/coagulation disorder (detail) Other exposure History of tattoos (date/place) History of ear/body piercing (date/place) History of major/minor surgery (date/place) Exposure other than those given above (detail) Exposure could not be established (detail) At least one must be answered if MALE reports sexual contact with person of opposite sex or if FEMALE reports sexual contact with either same or OPPOSITE sex. Sex with bisexual male (women only) Sex with injecting drug user Sex with person from another country (write country) Sex with a person who received blood, blood products or tissue Sex with a person with haemophilia/coagulation disorder Sex with person with HIVinfection whose exposure is other than those above (specify) Sex with person with HIV infection whose exposure could not be established Heterosexual contact not further specified 6b. VERTICAL EXPOSURE CATEGORY At least one must be answered if parent/guardian reports vertical exposure only. MOTHER WITH/AT RISK FOR HIV INFECTION DUE TO: Injecting drug use Recipient of blood, blood products or tissue Origin from another country (write country) Has HIV infection, exposure not specified Sex with bisexual male Sex with injecting drug user Sex with person who received blood, blood products or tissue -- 6 of 8 -- S.R. No. 93/1996 Health (Infectious Diseases) (Notification of HIV) Regulations 1996 6 Sex with person with haemophilia Sex with person from another country (write country) Sex with person with HIV infection, exposure not specified Other (specify)". ═══════════════ r. 8 -- 7 of 8 -- S.R. No. 93/1996 Health (Infectious Diseases) (Notification of HIV) Regulations 1996 7 NOTES 1 S.R. No. 85/1990 as amended by S.R. Nos 315/1991, 233/1992, 161/1993, 232/1993 and 142/1994. Notes -- 8 of 8 --