For the purpose of this subchapter, the term:
(1) "AIDS" means acquired immune deficiency syndrome or any AIDS-related condition.
(2) "Council" means the Council of the District of Columbia.
(3) "Director" means the Director of the Department of Health, established by Reorganization Plan No. 4 of 1966, effective July 17, 1996.
(3A) "Domestic partnership" shall have the same meaning as provided in § 32- 701(4).
(4) "Families" means persons who are related by blood, legal custody, marriage, domestic partnership, having a child in common, or who share or have shared for at least 1 year a mutual residence and who maintain or have maintained an intimate relationship rendering the application of this subchapter appropriate.
(5) "Mayor" means the Mayor of the District of Columbia.
(June 10, 1986, D.C. Law 6-121, § 2, 33 DCR 2451; Sept. 12, 2008, D.C. Law 17-231, § 18, 55 DCR 6758; Mar. 25, 2009, D.C. Law 17-353, § 130(a), 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2801.
Effect of Amendments
D.C. Law 17-231 added par. (3A); and, in par. (4), substituted "marriage, domestic partnership," for "marriage,".
D.C. Law 17-353, in par. (3), substituted "Department of Health, established by Reorganization Plan No. 4 of 1966, effective July 17, 1996" for "Department of Human Services, established by Reorganization Plan No. 2 of 1979, approved February 21, 1980".
Legislative History of Laws
Law 6-121, the "AIDS Health-Care Response Act of 1986," was introduced in Council and assigned Bill No. 6-306, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on March 11, 1986 and March 25, 1986, respectively. Signed by the Mayor on April 15, 1986, it was assigned Act No. 6-156 and transmitted to both Houses of Congress for its review.
For Law 17-231, see notes following § 7-621.
For Law 17-353, see notes following § 7-161.
(a) Within 6 months of December 30, 1985, the Mayor shall develop and present to the Council for its review and comment a comprehensive AIDS Health-Care Response Plan for the District of Columbia. The plan shall include, but not be limited to, the development of short-term and long-term goals and schemes for administrative coordination by District government agencies, educational programs, prevention methods and programs, a compilation of private sector services available to AIDS patients, medical research and information gathering, outpatient and inpatient health-care services delivery, social services delivery, exploration of the feasibility of establishing a separate compensation rate for District employees working in the health-care treatment facility or facilities contemplated in § 7-1603, housing, and identifying other general services needs.
(b) The Mayor shall update annually the comprehensive plan mandated by subsection (a) of this section.
(June 10, 1986, D.C. Law 6-121, § 3, 33 DCR 2451.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2802.
Legislative History of Laws
For legislative history of D.C. Law 6-121, see Historical and Statutory Notes following § 7-1601.
Miscellaneous Notes
Mayor authorized to make AIDS grants: Section 2 of D.C. Law 10-165 provided that the Mayor shall have the authority to make grants, with appropriated funding, for HIV/AIDS related services pursuant to the regulations contained in Chapter 80 of Title 22 of the District of Columbia Municipal Regulations governing the administration of public health grants by the Department of Human Services.
Establishment and Appointments--Mayor's Advisory Committee on HIV/AIDS, see Mayor's Order 2003-31, March 12, 2003 (50 DCR 2386).
(a) In preparing the comprehensive plan mandated in § 7-1602, the Mayor shall investigate the need for a residential health-care facility or facilities which shall provide a program of medical, nursing, counseling, palliative, social, recreational, and supportive services to AIDS patients and their families.
(b) If, following an investigation, the Mayor identifies a need for a residential health-care facility or facilities in the District of Columbia, the Mayor shall establish the facility or facilities.
(c) In order to establish the facility or facilities, the Mayor may acquire, by purchase, rehabilitation, condemnation, rental, or otherwise, a building or buildings suitable for use as a residential health-care facility or facilities, including furniture, medical equipment, and other necessary accessories.
(d) The Mayor may enter into contractual arrangements with any agency or organization qualified to provide the services enumerated in subsection (a) of this section.
(June 10, 1986, D.C. Law 6-121, § 4, 33 DCR 2451.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2803.
Legislative History of Laws
For legislative history of D.C. Law 6-121, see Historical and Statutory Notes following § 7-1601.
(a) The Mayor shall establish, within the Department of Health, an AIDS Program Coordination Office.
(b) The AIDS Program Coordination Office shall be supervised by the AIDS Program Coordination Officer who shall, at the direction of the Director of the Department of Health, be responsible for the coordination of and serving as the point of contact for the District of Columbia's comprehensive AIDS Health-Care Response Plan established by § 7-1602.
(c) The AIDS Program Coordination Officer shall:
(1) Analyze medical data, reports, and information to determine the effectiveness with which the AIDS program is meeting the needs of the residents of the District of Columbia;
(2) Coordinate and assist in the development of grant proposals to obtain funds from both the federal government and the private sector for AIDS and AIDS-related activities;
(3) Develop and coordinate, with other agencies of the District government, a program of health-care services delivery and other supportive services for persons with AIDS living at home;
(4) Disseminate information on AIDS to the public;
(5) Assist officials from the federal government, community groups, nursing homes, hospitals, and others in the coordination of AIDS plans, programs, and services delivery for persons with AIDS living in the District of Columbia;
(6) Serve as the liaison officer for the District's AIDS program to other District government agencies and monitor their compliance with the District's comprehensive AIDS program;
(7) Conduct community outreach and education programs; and
(8) Perform other duties appropriate to accomplish the objectives of this subchapter.
(June 10, 1986, D.C. Law 6-121, § 5, 33 DCR 2451; Mar. 2, 2007, D.C. Law 16-191, § 7, 53 DCR 6794; Mar. 25, 2009, D.C. Law 17-353, § 130(b), 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2804.
Effect of Amendments
D.C. Law 16-191 substituted "Health" for "Human Services".
D.C. Law 17-353 validated a previously made technical correction in subsec. (a).
Legislative History of Laws
For legislative history of D.C. Law 6-121, see Historical and Statutory Notes following § 7-1601.
For Law 16-191, see notes following § 7-103.
For Law 17-353, see notes following § 7-161.
Except as provided in paragraph (2) of this section, the Director shall use the records incident to a case of HIV infection or AIDS reported under this subchapter for statistical and public-health purposes only. Identifying information contained in these records shall be disclosed only when essential to safeguard the physical health of others. No person shall otherwise disclose identifying information derived from these records unless:
(1) The person about whom the record pertains gives his or her prior written permission; or
(2) A court finds, upon clear and convincing evidence, after having granted the person reported an opportunity to contest the disclosure, that disclosure:
(A) Is essential to safeguard the physical health of others; or
(B) Would provide evidence probative of guilt or innocence in a criminal prosecution.
(June 10, 1986, D.C. Law 6-121, § 6, 33 DCR 2451; Dec. 4, 2010, D.C. Law 18-273, § 206, 57 DCR 7171.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2805.
Effect of Amendments
D.C. Law 18-273 rewrote the section, which had read as follows:
"The provisions of the Preventive Health Services Amendments Act of 1985 (D.C. Law 6-83), pertaining to the confidentiality of medical records and information on persons with AIDS, shall be applicable to this chapter."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 206 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099).
For temporary (90 day) amendment of section, see § 206 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
Legislative History of Laws
For legislative history of D.C. Law 6-121, see Historical and Statutory Notes following § 7-1601.
For Law 18-273, see notes following § 7-131.
Delegation of Authority
Delegation of authority pursuant to Law 6-121, see Mayor's Order 86-171, September 30, 1986.
Delegation of authority pursuant to D.C. Law 6-121, the "AIDS Health-Care Response Act of 1986", see Mayor's Order 2000-55, March 29, 2000 (47 DCR 4735).
The Mayor may issue rules necessary to implement this subchapter pursuant to subchapter I of Chapter 5 of Title 2.
(June 10, 1986, D.C. Law 6-121, § 7, 33 DCR 2451.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2806.
Emergency Act Amendments
For temporary addition of chapter, see § 2-4 of the HIV Testing of Certain Criminal Offenders Emergency Act of 1992 (D.C. Act 9-318, November 24, 1992, 39 DCR 9016).
Legislative History of Laws
For legislative history of D.C. Law 6-121, see Historical and Statutory Notes following § 7-1601.
