5120-9-58. Acquired immune deficiency syndrome

(A) In conjunction with the Ohio department of health, the department of rehabilitation and correction shall conduct human immunodeficiency virus (hereafter "HIV") testing on all inmates upon admission.

(B) Testing for HIV at other times can be required of an inmate when ordered by a judge of appropriate jurisdiction or when the head of the institution has determined, based on good cause, that a test is necessary.

(C) The results of an HIV test or a diagnosis of AIDS or an AIDS-related condition may be disclosed to institution or department staff members or contractors. Such disclosure shall only be made to staff and contractors who have a medical need to know and who are participating in the diagnosis, care or treatment of the individual on whom the test was performed or who has been diagnosed as having AIDS or an AIDS-related condition. Disclosure shall be made consistent with the appropriate protocol developed as required by division (B)(3) of section 3701.243 of the Revised Code.

(D) Inmates who have tested positive for the HIV virus or who have been diagnosed as having AIDS or an AIDS-related condition shall be assigned to such housing within the department of rehabilitation and correction as meets the medical and security needs of the inmate.

Five Year Review (FYR) Dates: 1/16/2020 and 01/10/2025
Promulgated Under: 111.15
Statutory Authority: 2907.27, 3701.242, 3701.243, 5120.01, 5120.16
Rule Amplifies: 2907.27, 3701.242, 3701.243, 5120.16
Prior Effective Dates: 11/01/1989 (Emer.), 02/12/1990, 04/01/2005

Prior History: (Five Year Review (FYR) Dates: 1/16/2020 and 01/10/2025
Promulgated Under: 111.15
Statutory Authority: 2907.27, 3701.242, 3701.243, 5120.01, 5120.16
Rule Amplifies: 2907.27, 3701.242, 3701.243, 5120.16
Prior Effective Dates: 11/01/1989 (Emer.), 02/12/1990, 04/01/2005)