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House File 331

Partial Bill History

Bill Text

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.19  EMERGENCY CARE PROVIDER NOTIFICATION.
  1 18    1.  a.  A hospital licensed under chapter 135B shall have
  1 19 written policies and procedures for notification of an
  1 20 emergency a 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 of an emergency
  1 27 the care provider service who shall notify persons involved in
  1 28 attending, or transporting, 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 the emergency care
  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 to emergency care
  2 23 providers if an individual who has a contagious or infectious
  2 24 disease is delivered by an emergency a 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 to an emergency a 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 any emergency 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 other person individual 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
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Bills and Amendments: General Index     Bill History: General Index

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