Text: HF00330 Text: HF00332 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 139A.2, Code 2001, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 1A. "Care provider" means any health care 1 4 provider, emergency medical care provider as defined in 1 5 section 147A.1, fire fighter, peace officer, or any other 1 6 individual providing health care services or services of any 1 7 kind in the course of the individual's official duties. "Care 1 8 provider" also includes an individual who is trained and 1 9 authorized by federal or state law to provide emergency 1 10 medical assistance for compensation, or in a voluntary 1 11 capacity, and an individual who renders emergency aid without 1 12 compensation. 1 13 Sec. 2. Section 139A.2, subsection 6, Code 2001, is 1 14 amended by striking the subsection. 1 15 Sec. 3. Section 139A.19, Code 2001, is amended to read as 1 16 follows: 1 17 139A.19EMERGENCYCARE PROVIDER NOTIFICATION. 1 18 1. a. A hospital licensed under chapter 135B shall have 1 19 written policies and procedures for notification ofan1 20emergencya care provider who renders assistance or treatment 1 21 to an individual when, in the course of admission, care, or 1 22 treatment of the individual, the individual is diagnosed or is 1 23 confirmed as having a contagious or infectious disease. 1 24 b. If an individual is diagnosed or confirmed as having a 1 25 contagious or infectious disease, the hospital shall notify 1 26 the care provider or the designated officer ofan emergency1 27 the care providerservicewho shall notify persons involved in 1 28 attending,ortransporting, or otherwise assisting the 1 29 individual. For blood-borne contagious or infectious 1 30 diseases, notification shall only take place upon filing of an 1 31 exposure report form with the hospital. The exposure report 1 32 form may be incorporated into the Iowa prehospital care 1 33 report, the Iowa prehospital advanced care report, or a 1 34 similar report used by an ambulance, rescue, or first response 1 35 service or law enforcement agency. 2 1 c. A person who renders direct emergency aid without 2 2 compensation and is exposed to an individual who has a 2 3 contagious or infectious disease shall also receive 2 4 notification from the hospital upon the filing with the 2 5 hospital of an exposure report form developed by the 2 6 department. 2 7 d. The notification shall advise theemergencycare 2 8 provider of possible exposure to a particular contagious or 2 9 infectious disease and recommend that the care provider seek 2 10 medical attention. The notification shall be provided as soon 2 11 as is reasonably possible following determination that the 2 12 individual has a contagious or infectious disease. 2 13 e. This subsection does not require a hospital to 2 14 administer a test for the express purpose of determining the 2 15 presence of a contagious or infectious disease. The 2 16 notification shall not include the name of the individual with 2 17 the contagious or infectious disease unless the individual 2 18 consents. 2 19 f. The department shall adopt rules pursuant to chapter 2 20 17A to administer this subsection. 2 21 2. A health care provider shall provide the notification 2 22 required of hospitals in this section toemergencycare 2 23 providers if an individual who has a contagious or infectious 2 24 disease is delivered byan emergencya care provider to the 2 25 office or clinic of a health care provider for treatment. The 2 26 notification shall not include the name of the individual who 2 27 has the contagious or infectious disease unless the individual 2 28 consents. 2 29 3. This section does not preclude a hospital from 2 30 providing notification toan emergencya care provider or 2 31 health care provider under circumstances in which the 2 32 hospital's policy provides for notification of the hospital's 2 33 own employees of exposure to a contagious or infectious 2 34 disease that is not life-threatening if the notice does not 2 35 reveal a patient's name unless the patient consents. 3 1 4. A hospital, health care provider, or other person 3 2 acting reasonably and in good faith in complying with 3 3 provisions authorized or required under this section, is 3 4 immune from any liability, civil or criminal, which may 3 5 otherwise be incurred or imposed. 3 6 5. A hospital's or health care provider's duty of 3 7 notification under this section is not continuing but is 3 8 limited to a diagnosis of a contagious or infectious disease 3 9 made in the course of admission, care, and treatment following 3 10 the rendering of emergency assistance or treatment to which 3 11 notification under this section applies. 3 12 Sec. 4. Section 141A.1, subsection 5, Code 2001, is 3 13 amended to read as follows: 3 14 5. "Care provider" means anyemergency care provider,3 15 health care provider, emergency medical care provider as 3 16 defined in section 147A.1, fire fighter, peace officer, or any 3 17 otherpersonindividual providing health care services or 3 18 services of any kind in the course of the individual's 3 19 official duties. "Care provider" also includes an individual 3 20 who is trained and authorized by federal or state law to 3 21 provide emergency medical assistance for compensation or in a 3 22 voluntary capacity and an individual who renders emergency aid 3 23 without compensation. 3 24 Sec. 5. Section 141A.1, subsection 7, Code 2001, is 3 25 amended by striking the subsection. 3 26 Sec. 6. Section 141A.8, Code 2001, is amended by striking 3 27 the section and inserting in lieu thereof the following: 3 28 141A.8 CARE PROVIDER NOTIFICATION. 3 29 1. If a care provider sustains a significant exposure from 3 30 an individual, the individual to whom the care provider was 3 31 exposed is deemed to consent to a test to determine the 3 32 presence of HIV infection in that individual and is deemed to 3 33 consent to notification of the care provider of the HIV test 3 34 results of the individual. The sample and test results shall 3 35 only be identified by a number and no reports otherwise 4 1 required by this chapter shall be made which identify the 4 2 individual tested. The test shall be conducted by the 4 3 hospital or health care provider to whom the individual is 4 4 delivered by the care provider. If the individual is 4 5 delivered by the care provider to an institution administered 4 6 by the Iowa department of corrections, the test shall be 4 7 conducted by the staff physician of the institution. If the 4 8 individual is delivered by the care provider to a jail, the 4 9 test shall be conducted by the attending physician of the jail 4 10 or the county medical examiner. 4 11 2. The hospital, health care provider, or other person who 4 12 performs the test to determine the presence of HIV infection 4 13 under this section shall notify the care provider of the 4 14 results of the test and shall also inform the care provider of 4 15 the parties to whom notification was provided. The process 4 16 for notification under this subsection shall be initiated as 4 17 soon as is reasonably possible. If prior consent to testing 4 18 was not obtained, and if the test results are positive, the 4 19 hospital, health care provider, or other person performing the 4 20 test shall notify the subject of the test and ensure the 4 21 performance of counseling and reporting requirements of this 4 22 chapter in the same manner as for an individual from whom 4 23 actual consent was obtained. 4 24 3. This section does not require or permit, unless 4 25 otherwise provided, a hospital, health care provider, or other 4 26 person to administer a test for the express purpose of 4 27 determining the presence of HIV infection, except that testing 4 28 may be performed if the individual consents, and if the 4 29 requirements of this section are satisfied. 4 30 4. A hospital, health care provider, or other person 4 31 participating in good faith in making a report under the 4 32 notification provisions of this section or in failing to make 4 33 a report under this section, or a hospital, health care 4 34 provider, or other person participating in good faith in 4 35 performing a test under this section is immune from any 5 1 liability, civil or criminal, which might otherwise be 5 2 incurred or imposed. 5 3 5. Notifications made pursuant to this section shall not 5 4 disclose the identity of the individual who is diagnosed or 5 5 confirmed as having HIV infection unless the individual 5 6 provides a specific written release. If the care provider 5 7 determines the identity of the individual diagnosed or 5 8 confirmed as having HIV infection, the identity of the 5 9 individual shall be confidential information and shall not be 5 10 disclosed to any other person unless a specific written 5 11 release is obtained from the individual diagnosed or confirmed 5 12 as having HIV infection. 5 13 6. The duty of a hospital, health care provider, or other 5 14 person who performs a test under this section to notify is not 5 15 continuing but is limited to the diagnosis of HIV infection 5 16 made in the course of admission, care, and treatment following 5 17 the rendering of testing, assistance, or treatment of the 5 18 individual with the infection. 5 19 7. The employer of a care provider who sustained a 5 20 significant exposure under this section shall pay the costs of 5 21 HIV testing for the individual who is the source of the 5 22 significant exposure and of the testing and counseling of the 5 23 care provider, if the significant exposure was sustained 5 24 during the course of employment. However, the department 5 25 shall pay the costs of HIV testing for the individual who is 5 26 the source of the significant exposure and of the testing and 5 27 counseling of the care provider who renders direct aid without 5 28 compensation. 5 29 EXPLANATION 5 30 This bill relates to the testing of individuals for 5 31 communicable and infectious diseases or for human 5 32 immunodeficiency virus when the individual has been assisted 5 33 by a care provider. 5 34 The bill defines "care provider" under the communicable and 5 35 infectious disease chapter (Code chapter 139A) for the 6 1 purposes of specifying who is to be notified if an individual, 6 2 during the course of admission, care, or treatment in a 6 3 hospital is diagnosed or confirmed as having a contagious or 6 4 infectious disease. Care providers are health care providers, 6 5 emergency medical care providers as defined in Code section 6 6 147A.1, fire fighters, peace officers, or any other individual 6 7 providing health care services or services of any kind in the 6 8 course of the individual's official duties. "Care provider" 6 9 also includes an individual who is trained and authorized by 6 10 federal or state law to provide emergency medical assistance 6 11 for compensation or in a voluntary capacity and an individual 6 12 who renders emergency aid without compensation. 6 13 The bill also amends the acquired immune deficiency 6 14 syndrome chapter (Code chapter 141A) to provide for the 6 15 deeming of consent to testing for HIV infection of an 6 16 individual from whom a care provider sustains a significant 6 17 exposure. The bill defines "care provider" to mean health 6 18 care providers, emergency medical care providers as defined in 6 19 Code section 147A.1, fire fighters, peace officers, or any 6 20 other individual providing health care services or services of 6 21 any kind in the course of the individual's official duties. 6 22 "Care provider" also includes an individual who is trained and 6 23 authorized by federal or state law to provide emergency 6 24 medical assistance for compensation or in a voluntary 6 25 capacity, and an individual who renders emergency aid without 6 26 compensation. The bill provides that sample and test results 6 27 are only to be identified by a number and provides that the 6 28 identity of an individual who is diagnosed or confirmed as 6 29 having HIV infection is confidential. The bill provides that 6 30 a hospital, health care provider, or other person is not 6 31 required or permitted, unless otherwise provided, to 6 32 administer a test for the express purpose of determining the 6 33 presence of HIV infection, unless the individual consents. 6 34 The bill provides immunity from civil and criminal liability 6 35 for good faith participation under the bill. The bill 7 1 provides that the duty of a hospital, health care provider, or 7 2 other person who performs a test under the bill to notify is 7 3 not continuing but is limited to the diagnosis made in the 7 4 course of admission, care, and treatment following the 7 5 rendering of testing, assistance, or treatment of the 7 6 individual. The bill provides that the costs of testing and 7 7 counseling of a care provider and the cost of testing of an 7 8 individual who is the subject of the significant exposure are 7 9 to be covered by the employer of the care provider if the 7 10 significant exposure was sustained during the course of 7 11 employment. If the care provider renders direct aid without 7 12 compensation, the Iowa department of public health is to pay 7 13 the cost of testing and counseling of the care provider and 7 14 the cost of testing of the individual who is the subject of 7 15 the significant exposure. 7 16 LSB 2310HH 79 7 17 pf/gg/8
Text: HF00330 Text: HF00332 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Jan 24 08:45:19 CST 2002
URL: /DOCS/GA/79GA/Legislation/HF/00300/HF00331/010221.html
jhf