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For Release:
May 17, 2010

Poonam Alaigh, MD, MSHCPM, FACP

For Further Information Contact:
Office of Communications
(609) 984-7160

Department of Health and Senior Services Proposes the Readoption Without Change of N.J.A.C. 8:61, which Sets Forth Certain Programs and Protections for Persons with HIV/AIDS


The Division of HIV/AIDS Services in the Public Health Services Branch of the Department of Health and Senior Services proposes the readoption without change of N.J.A.C. 8:61.  N.J.A.C. 8:61 governs the attendance and participation at school by persons with HIV infection, the AIDS drug distribution program, HIV/AIDS counseling and the testing of pregnant women, and standards for the disclosure of children’s HIV/AIDS status.


N.J.A.C. 8:61-2 would continue to set forth standards for attendance and participation at school by students or adults with HIV infection, and prohibit schools from excluding HIV-infected students from school activities, except under specific circumstances.   N.J.A.C. 8:61-2 would continue to require public or nonpublic schools and day care facilities to establish policies and procedures for handling blood and bodily fluids, and policies and procedures for post-exposure management.  Schools and day care facilities would continue to be required to provide training and appropriate supplies for all school personnel, and information that identifies a student as having HIV infection or AIDS would not be disclosed without prior written informed consent.


N.J.A.C. 8:61-3 would continue to specify factors for considering the designation of medications for coverage by the Division of HIV/AIDS Services, and the application and eligibility standards for the Aids Drug Distribution Program (ADDP).  Participants in the ADDP would continue to be required to meet the clinical criteria established by the manufacturer of the drug, as determined by a licensed physician or other licensed health care practitioner acting within his or her scope of practice.  


N.J.A.C. 8:61-4 would continue to set forth requirements for HIV counseling and testing of pregnant women and women who seek treatment relating to their pregnancy within four weeks of giving birth.  A pending proposal to adopt amendments and new rules would repeal N.J.A.C. 8:61-4.1 and conform N.J.A.C. 8:61 with the requirements of N.J.S.A. 26:2-111.2 for the HIV testing of newborns and the requirements of N.J.S.A. 26:5C-16 for the HIV screening and testing of pregnant women in the first and third trimester.  See 41 N.J.R. 3354(a).  The pending proposal to adopt new rules and amendments would also incorporate the Centers for Disease Control and Prevention (CDC) updated definitions of AIDS and HIV, and would incorporate changes that are consistent with the most recent recommendations of the CDC on routine testing of pregnant women and newborns. See 41 N.J.R. 3354(a).  The comment period for 41 N.J.R. 3354(a) expired on November 20, 2009.


N.J.A.C. 8:61-5 would continue to set standards for the disclosure of a child’s HIV/AIDS records by health care providers to the Division of Youth and Family Services (DYFS) and for the disclosure of this information by DYFS.


The notice of the proposed readoption of N.J.A.C. 8:61 will appear in the May 17, 2010 issue of the New Jersey Register. 


The public has until July 16, 2010 to comment on the proposal.  Persons wishing to comment on the proposal must submit their comments in writing to Ruth Charbonneau, Director, Office of Legal and Regulatory Affairs, New Jersey Department of Health and Senior Services, PO Box 360, Trenton, NJ 08625-0360.  Written comments on the proposal must be postmarked on or before July 16, 2010, which is the close of the 60-day comment period for the proposal.

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