OAR 413-040-0420: HIV Antibody Testing

(1) For children and youth in Department custody, the HIV antibody test is to be done only to facilitate the medical care of the child if clinically indicated after a thorough medical evaluation by a doctor knowledgeable about HIV infections. The test is not to be used to screen individuals with high risk behaviors or any other groups, nor to satisfy the curiosity of Department staff or contracted providers. (2) Under the direction of a physician, infants born to mothers known to have engaged in high risk behaviors may be tested for HIV. The presence of HIV infection in an infant can be determined only after the mother’s antibodies are gone from the child’s bloodstream. Because maternal antibody crosses the placenta, the presence of HIV infection can only be determined after a series of tests. (3) Victims of sexual abuse who have been exposed to blood or semen may be tested for HIV. If the child can understand, informed consent procedures shall be used (I-B.5.1, 413-040-0430). A physician knowledgeable in HIV care should be consulted immediately for consideration of HIV post-exposure prophylaxis. (4) The Department shall not license any private child-caring agency whose admission criteria include a mandatory HIV test. (5) The Department shall not contract with any service provider whose admission criteria include a mandatory HIV test.