The following is excerpted from the Commonwealth of Pennsylvania Legislative Code.

RULES AND REGULATIONS

Title 28--HEALTH AND SAFETY

DEPARTMENT OF HEALTH
[28 PA. CODE CH. 27]

Reporting of AIDS, HIV Test Results, CD4 T-Lymphocyte Counts and Perinatal Exposure of Newborns to HIV
[32 Pa.B. 3597]

The Department of Health (Department), with the approval of the Advisory Health Board (Board), adopts amendments to Chapter 27 (relating to communicable and noncommunicable diseases) to read as set forth in Annex A.

A. Purpose and Background

The Department's regulations require name reporting of individuals who: (1) have had positive test results established from any test approved by the Food and Drug Administration (FDA) to establish the presence of the Human Immunodeficiency Virus (HIV); (2) have low CD4 T-lymphocyte cell counts as described in this Preamble; or (3) are pregnant women who have had positive HIV test results or are newborns who have been perinatally exposed to HIV. The regulations also clarify that cases of Acquired Immune Deficiency Syndrome (AIDS) are reportable based on the case definition of the Centers for Disease Prevention and Control (CDC). Reports of AIDS include reports of presumptive diagnoses of AIDS based on the presence of an AIDS defining illness (for example, Kaposi's sarcoma) with laboratory confirmation of HIV.

The rest of the Preamble to these regulations is accessible at the web page of the Pennsylvania Bulletin. This page presents Annex A only, which contains the relevant regulations.

Annex A

TITLE 28. HEALTH AND SAFETY

PART III. PREVENTION OF DISEASES CHAPTER 27.

COMMUNICABLE AND NONCOMMUNICABLE DISEASES

Subchapter A. GENERAL PROVISIONS

§ 27.1. Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

* * * * *

AIDS (Acquired Immune Deficiency Syndrome)--As defined by the CDC case definition published in the CDC Morbidity and Mortality Weekly Report (MMWR). (The Department will publish in the Pennsylvania Bulletin a reference to a CDC update of the case definition within 30 days of its publication in the MMWR).

Anonymous HIV Testing--HIV testing performed at a State-designated HIV testing site for an individual who chooses not to provide his name in giving consent for the testing.

CDC--Centers for Disease Control and Prevention.

* * * * *

Confidential HIV testing--HIV testing performed for an individual who, in giving his consent for the testing, provides his name and other personal or demographic identifiers.

* * * * *

FDA--Food and Drug Administration.

* * * * *

HIV services--The range of services, including prevention, counseling, testing, treatment, case management, support and referral services, which are provided to persons infected with or affected by HIV or AIDS, and are intended to alleviate physical and psychosocial problems created by these diseases and conditions.

* * * * *

Perinatal exposure of a newborn to HIV--The potential perinatal transmission of HIV to a newborn indicated by a positive HIV test result for the pregnant woman or mother of a newborn.

* * * * *

State-designated anonymous HIV testing site--An HIV testing site supported by the Department either through direct funding or payment for testing, which provides anonymous and confidential testing and which agrees to adhere to the CDC's counseling and testing standards and guidelines issued by the Department.

* * * * *

Subchapter B. REPORTING OF DISEASES

§ 27.21. (Reserved).

§ 27.21a. Reporting of cases by health care practitioners and health care facilities.

(a) Except as set forth in this section or as otherwise set forth in this chapter, a health care practitioner or health care facility is required to report a case of a disease, infection or condition in subsection (b) as specified in § 27.4 (relating to reporting cases), if the health care practitioner or health care facility treats or examines a person who is suffering from, or who the health care practitioner or health care facility suspects, because of symptoms or the appearance of the individual, of having a reportable disease, infection or condition:

(1) A health care practitioner or health care facility is not required to report a case if that health care practitioner or health care facility has reported the case previously.

(2) A health care practitioner or health care facility is not required to report a case of influenza unless the disease is confirmed by laboratory evidence of the causative agent.

(3) A health care practitioner or health care facility is not required to report a case of chlamydia trachomatis infection unless the disease is confirmed by laboratory evidence of the infectious agent.

(4) A health care practitioner or health care facility is not required to report a case of cancer unless the health care practitioner or health care facility provides screening, therapy or diagnostic services to cancer patients.

(5) Only physicians and hospitals are required to report cases of AIDS.

(b) The following diseases, infections and conditions in humans are reportable by health care practitioners and health care facilities within the specified time periods and as otherwise required by this chapter:

(1) The following diseases, infections and conditions are reportable within 24 hours after being identified by symptoms, appearance or diagnosis:

Animal bite.

Anthrax.

Arboviruses.

Botulism.

Cholera.

Diphtheria.

Enterohemorrhagic E. coli.

Food poisoning outbreak.

Haemophilus influenzae invasive disease.

Hantavirus pulmonary syndrome.

Hemorrhagic fever.

Lead poisoning.

Legionellosis.

Measles (rubeola).

Meningococcal invasive disease.

Plague.

Poliomyelitis.

Rabies.

Smallpox.

Typhoid fever.

(2) The following diseases, infections and conditions are reportable within 5 work days after being identified by symptoms, appearance or diagnosis:

AIDS.

Amebiasis.

Brucellosis.

CD4 T-lymphocyte test result with a count of less than 200 cells/µL or a CD4 T-lymphocyte percentage of less than 14% of total lymphocytes (effective October 18, 2002).

Campylobacteriosis.

Cancer.

Chancroid.

Chickenpox (varicella) (effective January 26, 2005).

Chlamydia trachomatis infections.

Congential adrenal hyperplasia (CAH) in children under 5 years of age.

Creutzfeldt-Jakob Disease.

Cryptosporidiosis.

Encephalitis.

Galactosemia in children under 5 years of age.

Giardiasis.

Gonococcal infections.

Granuloma inguinale.

Guillain-Barre syndrome.

HIV (Human Immunodeficiency Virus) (effective October 18, 2002).

Hepatitis, viral, acute and chronic cases.

Histoplasmosis.

Influenza.

Leprosy (Hansen's disease).

Leptospirosis.

Listeriosis.

Lyme disease.

Lymphogranuloma venereum.

Malaria.

Maple syrup urine disease (MSUD) in children under 5 years of age.

Meningitis (All types not caused by invasive Haemophilus influenza or Neis seria meningitis).

Mumps.

Perinatal exposure of a newborn to HIV (effective October 18, 2002).

Pertussis (whooping cough).

Phenylketonuria (PKU) in children under 5 years of age.

Primary congenital hypothyroidism in children under 5 years of age.

Psittacosis (ornithosis).

Rickettsial diseases.

Rubella (German measles) and congenital rubella syndrome.

Salmonellosis.

Shigellosis.

Sickle cell disease in children under 5 years of age.