Text: HF00504 Text: HF00506 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 139B.1, subsection 2, paragraphs a and 1 2 b, Code 1997, are amended to read as follows: 1 3 a. A hospital licensed under chapter 135B shall have 1 4 written policies and procedures for notification of an 1 5 emergency care provider who renders assistance or treatment to 1 6 an individualwhen inand files an exposure report if either 1 7 of the following applies: 1 8 (1) In the course of admission, care, or treatment of the 1 9 individual, the individual is diagnosed or is confirmed as 1 10 having a contagious or infectious disease. 1 11 (2) The emergency care provider submits a request with the 1 12 exposure report that the individual submit to testing, the 1 13 individual agrees and submits to testing, and the individual 1 14 is diagnosed or is confirmed as having a contagious or 1 15 infectious disease. 1 16 b. If an individual is diagnosed or confirmed as having a 1 17 contagious or infectious disease, the hospital shall notify 1 18 the designated officer of an emergency care provider service 1 19 who shall notify persons involved in attending or transporting 1 20 the individual.For blood-borne contagious or infectious1 21diseases, notificationNotification shall only take place upon 1 22 filing of an exposure report form with the hospital. The 1 23 exposure report form may be incorporated into the Iowa 1 24 prehospital care report, the Iowa prehospital advanced care 1 25 report, or a similar report used by an ambulance, rescue, or 1 26 first response service or law enforcement agency. 1 27 Sec. 2. Section 139B.1, subsection 6, Code 1997, is 1 28 amended to read as follows: 1 29 6. A hospital's or health care provider's duty of 1 30 notification under this section is not continuing but is 1 31 limited to a diagnosis of a contagious or infectious disease 1 32 made in the course of admission, care, and treatment or 1 33 following submission to testing by an individual upon request 1 34 of an emergency care provider following the rendering of 1 35 emergency assistance or treatment to which notification under 2 1 this section applies. 2 2 Sec. 3. NEW SECTION. 804.32 REQUIRED TEST. 2 3 1. A person who, during the course of arrest or processing 2 4 for detention in jail for an alleged commission of a criminal 2 5 offense, or while interfering with a peace officer's official 2 6 acts, bites, causes an exchange of bodily fluids with, or 2 7 causes any bodily secretion to be cast upon a peace officer, 2 8 may submit to the withdrawal of a bodily specimen for testing 2 9 to determine if the person is infected with a contagious or 2 10 infectious disease. The bodily specimen to be taken shall be 2 11 determined by the attending physician treating the person or 2 12 the county medical examiner. The specimen taken shall be sent 2 13 for testing to the state hygienic laboratory at the state 2 14 university of Iowa or some other laboratory approved by the 2 15 Iowa department of public health. 2 16 2. If a person to be tested pursuant to this section 2 17 refuses to submit to the withdrawal of a bodily specimen, 2 18 application may be made by the peace officer involved or by 2 19 the peace officer's designated representative to the district 2 20 court for an order compelling the person to submit to the 2 21 withdrawal and, if infected, to available treatment. An order 2 22 authorizing the withdrawal of a specimen for testing may be 2 23 issued only by a district judge or district associate judge 2 24 upon application. 2 25 3. A person who fails to comply with an order issued 2 26 pursuant to this section is guilty of a serious misdemeanor. 2 27 4. Following testing, the peace officer or the peace 2 28 officer's designated representative shall be notified of 2 29 possible exposure to a particular contagious or infectious 2 30 disease. The notification shall not include the name of the 2 31 person with the contagious or infectious disease unless the 2 32 person consents. Disclosure shall be accompanied by a 2 33 statement in writing which includes the following or 2 34 substantially similar language: "This information has been 2 35 disclosed to you from records whose confidentiality is 3 1 protected by state law. State law prohibits you from making 3 2 any further disclosure of the information without the specific 3 3 written consent of the person to whom it pertains, or as 3 4 otherwise permitted by law. A general authorization for the 3 5 release of medical or other information is not sufficient for 3 6 this purpose." Oral disclosure, including oral communication 3 7 of this statement, may be provided to the peace officer or the 3 8 peace officer's designated representative but shall be 3 9 followed by the mailing of this written statement within ten 3 10 days of the oral disclosure. 3 11 5. Reports, application information, and records filed 3 12 pursuant to this section are strictly confidential medical 3 13 information and shall not be released, shared, or made public 3 14 by subpoena, search warrant, or discovery proceedings. 3 15 6. For purposes of this section, "contagious or infectious 3 16 disease" mean any infectious condition which if spread by 3 17 contamination would place others at serious health risk 3 18 including but not limited to hepatitis in any form, 3 19 meningococcal disease, tuberculosis, or AIDS or HIV infection 3 20 as defined in section 141.21. 3 21 EXPLANATION 3 22 This bill provides for the voluntary testing of an 3 23 individual following a request for testing by an emergency 3 24 care provider, and notification to the emergency care provider 3 25 if exposure, or the risk of contracting disease, took place. 3 26 The bill also provides that a person who, during the course 3 27 of arrest or processing for detention in jail for an alleged 3 28 commission of a criminal offense or while interfering with a 3 29 peace officer's official acts bit, caused an exchange of 3 30 bodily fluids with the peace officer, or caused a bodily 3 31 secretion to be cast upon the peace officer, may submit to 3 32 testing to determine if the person has a contagious or 3 33 infectious disease. If the person refuses to submit to 3 34 testing, the peace officer involved or the peace officer's 3 35 representative may apply to the district court for an order 4 1 compelling the person to submit to testing. A person who does 4 2 not comply with an order is guilty of a serious misdemeanor. 4 3 The bill also provides confidentiality provisions relating to 4 4 the testing and the results of the test. 4 5 LSB 2423HH 77 4 6 pf/jw/5
Text: HF00504 Text: HF00506 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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