(a) Purpose.  Children in Oklahoma Department of Human Services (OKDHS) custody who are:

• (1) at risk for Acquired Immunodeficiency Syndrome (AIDS);
• (2) Human Immunodeficiency Virus (HIV) seropositive; or
• (3) medically diagnosed with AIDS have specific needs that must be addressed.  The principles of care and treatment are:
  • (A) prevention of transmission by educating persons about the transmission of HIV and precautions exercised to prevent transmission;
  • (B) provision of therapeutic intervention for children found at risk of exposure to HIV;
  • (C) protection of persons by universal application of infection control procedures; and
  • (D) protection of the right to privacy.

(b) Legal base.

• (1) Sections 7002-2.1 and 7004-1.1 of Title 10 of the Oklahoma Statutes (10 O.S. § 7002-2.1 and 7004-1.1) mandate OKDHS to provide for the care and treatment of children in OKDHS custody.
• (2) Per 10 O.S. § 7003-5.4, a placement provider for a child in OKDHS custody may request OKDHS provide:
  • (A) contagious or infectious screening examinations or tests on a child; and
  • (B) the results of the child's examinations or tests to the placement provider.
  • (c) Definitions.  The following words and terms, when used in Part 9 of this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
• (1) "Acquired Immunodeficiency Syndrome (AIDS)" means a condition caused by a virus, Human Immunodeficiency Virus (HIV), that attacks the body's natural immune system, reducing the ability to fight off infections and diseases.  
• (2) "AIDS counseling" means counseling provided by a designated person who:
  • (A) is trained and certified by Oklahoma State Department of Health or American Red Cross in the health implications of AIDS; and
  • (B) offers supportive services for a person dealing with suspected or actual HIV infection or AIDS.
• (3) "Confidential Human Immunodeficiency Virus (HIV)-related information" means any information:
  • (A) in the possession of a person who obtains the information pursuant to a release of confidential HIV-related information;
  • (B) regarding a person who:
    • (i) is the subject of an HIV-related test; or
    • (ii) has HIV infection, HIV-related illness, or AIDS; or
  • (C) that identifies or may identify a person with one or more such conditions, including information pertaining to the person's contacts.
• (4) "Exposure to HIV" means the blood, semen, vaginal fluids, or breast milk of an HIV infected person comes in contact with the blood stream or a mucous membrane of an uninfected person.  
• (5) "High risk behaviors" means activities or conditions that place a person at risk of exposure to HIV due to contact with certain bodily fluids of a person who is infected with HIV, such as:
  • (A) unprotected sexual contact between such persons;
  • (B) sharing syringe needles among such persons;
  • (C) perinatal transmission when the mother is HIV infected; and
  • (D) breast feeding when the mother is HIV infected.
• (6) "HIV" means the virus that causes AIDS.
• (7) "HIV test" means a blood test used to detect the presence of antibodies to HIV.
• (8) "Informed consent" means consent obtained from a person who:
  • (A) understands and is competent to make an intelligent decision about the request for consent and any resulting consequences;
  • (B) understands any risk involved and the procedures to be undertaken; and
  • (C) volunteers to consent.
• (9) "Need-to-know" means a person who needs to be informed about the HIV status of a child due to the person's direct responsibility or accountability for the child's care.
• (10) "Reduction of risk to HIV exposure" means reduced exposure to HIV through universal application of infection control procedures.  Exposure occurs when one of four body fluids, semen, blood, vaginal fluids, and breast milk, from an infected person comes in contact with the bloodstream or a mucous membrane of an uninfected person.  
• (11) "Release of confidential HIV-related information" means disclosure through written authorization, including informed written consent for testing and release of HIV test results, that is signed by the person who has the authority to consent.
• (12) "Serologic testing and screening" means blood tests used to detect antibodies to HIV, including Enzyme-Linked Immunosorbent Assay (ELISA) and Western Blot.
• (13) "Seronegative" means a negative result in a blood test for HIV.  
• (14) "Seropositive" means a positive result in a blood test indicating that the person has developed antibodies to HIV.
• (15) "Specialized AIDS trainer" means a person who:
  • (A) is trained by Oklahoma State Department of Health or American Red Cross in the health implications of HIV and AIDS; and
  • (B) provides AIDS-related training.
• (16) "Transmission of HIV" means passing or spreading HIV infection through:
  • (A) sexual contact, including oral, vaginal, or anal contact, with an infected person's blood, semen, or vaginal secretions;
  • (B) exposure to infected blood or blood products through needles, occupational exposure, or transfusions; or
  • (C) perinatal exposure from a mother, who is infected with HIV, to her fetus or newborn or shortly after birth, probably through breast milk.  HIV must be present in sufficient quantity for transmission.
• (17) "Universal precautions" means an approach to infection control in which all human blood and certain human body fluids are treated as infected with bloodborne pathogens, such as bacteria, HIV, and viruses.