Text: HF00557 Text: HF00559 Text: HF00500 - HF00599 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 by striking 1 16 the section and inserting in lieu thereof the following: 1 17 139A.19 CARE PROVIDER NOTIFICATION. 1 18 1. a. If a care provider sustains an exposure from an 1 19 individual while rendering health care services or other 1 20 services, the individual to whom the care provider was exposed 1 21 is deemed to consent to a test to determine if the individual 1 22 has a contagious or infectious disease and is deemed to 1 23 consent to notification of the care provider of the results of 1 24 the test, upon submission of an exposure report by the care 1 25 provider to the hospital, health care provider or other person 1 26 specified in this section to whom the individual is delivered 1 27 by the care provider. The exposure report form may be 1 28 incorporated into the Iowa prehospital care report, the Iowa 1 29 prehospital advanced care report, or a similar report used by 1 30 an ambulance, rescue, or first response service or law 1 31 enforcement agency. 1 32 b. The hospital, health care provider or other person 1 33 specified in this section to whom the individual is delivered 1 34 shall conduct the test. If the individual is delivered by the 1 35 care provider to an institution administered by the Iowa 2 1 department of corrections, the test shall be conducted by the 2 2 staff physician of the institution. If the individual is 2 3 delivered by the care provider to a jail, the test shall be 2 4 conducted by the attending physician of the jail or the county 2 5 medical examiner. The sample and test results shall only be 2 6 identified by a number and shall not otherwise identify the 2 7 individual tested. 2 8 2. If the individual tested is diagnosed or confirmed as 2 9 having a contagious or infectious disease, the hospital, 2 10 health care provider or other person conducting the test shall 2 11 notify the care provider or the designated officer of the care 2 12 provider who shall then notify the care provider. 2 13 3. The notification to the care provider shall advise the 2 14 care provider of possible exposure to a particular contagious 2 15 or infectious disease and recommend that the care provider 2 16 seek medical attention. The notification shall be provided as 2 17 soon as is reasonably possible following determination that 2 18 the individual has a contagious or infectious disease. The 2 19 notification shall not include the name of the individual 2 20 tested for the contagious or infectious disease, unless the 2 21 individual consents. If the care provider who sustained an 2 22 exposure determines the identity of the individual diagnosed 2 23 or confirmed as having a contagious or infectious disease, the 2 24 identity of the individual shall be confidential information 2 25 and shall not be disclosed to any other person unless a 2 26 specific written release is obtained from the individual 2 27 diagnosed with or confirmed as having a contagious or 2 28 infectious disease. 2 29 4. This section does not require or permit, unless 2 30 otherwise provided, a hospital, health care provider, or 2 31 other person to administer a test for the express purpose of 2 32 determining the presence of a contagious or infectious 2 33 disease, except that testing may be performed if the 2 34 individual consents and if the requirements of this section 2 35 are satisfied. 3 1 5. This section does not preclude a hospital or a health 3 2 care provider from providing notification to a care provider 3 3 under circumstances in which the hospital's or health care 3 4 provider's policy provides for notification of the hospital's 3 5 or health care provider's own employees of exposure to a 3 6 contagious or infectious disease that is not life-threatening 3 7 if the notice does not reveal a patient's name, unless the 3 8 patient consents. 3 9 6. A hospital, health care provider, or other person 3 10 participating in good faith in making a report under the 3 11 notification provisions of this section, or failing to make a 3 12 report under this section, or a hospital, health care 3 13 provider, or other person participating in good faith in 3 14 performing a test under this section, is immune from any 3 15 liability, civil or criminal, which might otherwise be 3 16 incurred or imposed. 3 17 7. A hospital's or health care provider's duty of 3 18 notification under this section is not continuing but is 3 19 limited to a diagnosis of a contagious or infectious disease 3 20 made based upon the submission of an exposure report under 3 21 this section. 3 22 8. The department shall adopt rules pursuant to chapter 3 23 17A to administer this section. 3 24 Sec. 4. Section 141A.1, subsection 5, Code 2001, is 3 25 amended to read as follows: 3 26 5. "Care provider" means anyemergency care provider,3 27 health care provider, emergency medical care provider as 3 28 defined in section 147A.1, fire fighter, peace officer, or any 3 29 otherpersonindividual providing health care services or 3 30 services of any kind in the course of the individual's 3 31 official duties. "Care provider" also includes an individual 3 32 who is trained and authorized by federal or state law to 3 33 provide emergency medical assistance for compensation or in a 3 34 voluntary capacity and an individual who renders emergency aid 3 35 without compensation. 4 1 Sec. 5. Section 141A.1, subsection 7, Code 2001, is 4 2 amended by striking the subsection. 4 3 Sec. 6. Section 141A.8, Code 2001, is amended by striking 4 4 the section and inserting in lieu thereof the following: 4 5 141A.8 CARE PROVIDER NOTIFICATION. 4 6 1. a. If a care provider sustains a significant exposure 4 7 from an individual, the individual to whom the care provider 4 8 was exposed is deemed to consent to a test to determine the 4 9 presence of HIV infection in that individual and is deemed to 4 10 consent to notification of the care provider of the HIV test 4 11 results of the individual, upon submission of a significant 4 12 exposure report by the care provider to the hospital, health 4 13 care provider or other person specified in this section to 4 14 whom the individual is delivered by the care provider. The 4 15 significant exposure report form may be incorporated into the 4 16 Iowa prehospital care report, the Iowa prehospital advanced 4 17 care report, or a similar report used by an ambulance, rescue, 4 18 or first response service or law enforcement agency. 4 19 b. The hospital, health care provider or other person 4 20 specified in this section to whom the individual is delivered 4 21 shall conduct the test. If the individual is delivered by the 4 22 care provider to an institution administered by the Iowa 4 23 department of corrections, the test shall be conducted by the 4 24 staff physician of the institution. If the individual is 4 25 delivered by the care provider to a jail, the test shall be 4 26 conducted by the attending physician of the jail or the county 4 27 medical examiner. The sample and test results shall only be 4 28 identified by a number and no reports otherwise required by 4 29 this chapter shall be made which otherwise identify the 4 30 individual tested. 4 31 2. In other than an emergency situation, a care provider 4 32 shall inform an individual to whom the care provider is 4 33 providing services, that if the care provider sustains a 4 34 significant exposure from the individual, the individual is 4 35 deemed to consent to a test to determine the presence of HIV 5 1 infection in that individual and is deemed to consent to 5 2 notification of the care provider of the HIV test results of 5 3 the individual. 5 4 3. a. If prior consent to testing was not obtained, and 5 5 if the test results are positive, the hospital, health care 5 6 provider, or other person performing the test shall notify the 5 7 subject of the test and ensure the performance of counseling 5 8 and reporting requirements of this chapter in the same manner 5 9 as for an individual form whom actual consent was obtained. 5 10 b. If the HIV test results of the subject of the test are 5 11 positive, the hospital, health care provider or other person 5 12 performing the test shall notify the care provider or the 5 13 designated officer of the care provider who shall then notify 5 14 the care provider who sustained the exposure. 5 15 c. The notification shall be provided as soon as is 5 16 reasonably possible following determination that the HIV test 5 17 results of the subject of the test are positive. The 5 18 notification shall not include the name of the individual 5 19 tested for HIV infection, unless the individual consents. If 5 20 the care provider who sustained the significant exposure 5 21 determines the identity of the individual tested, the identity 5 22 of the individual shall be confidential information and shall 5 23 not be disclosed to any other person unless a specific written 5 24 release is obtained from the individual tested. 5 25 4. This section does not require or permit a hospital, 5 26 health care provider, or other person to administer a test for 5 27 the express purpose of determining the presence of HIV 5 28 infection, except that testing may be performed if the 5 29 individual consents, and if the requirements of this section 5 30 are satisfied. 5 31 5. This section does not preclude a hospital or health 5 32 care provider from providing notification to a care provider 5 33 under circumstances in which the hospital's or health care 5 34 provider's policy provides for notification of the hospital's 5 35 or health care provider's own employees of exposure to HIV 6 1 infection if the notice does not reveal a patient's name, 6 2 unless the patient consents. 6 3 6. A hospital, health care provider, or other person 6 4 participating in good faith in making a report under the 6 5 notification provisions of this section, or failing to make a 6 6 report under this section, or a hospital, health care 6 7 provider, or other person participating in good faith in 6 8 performing a test under this section, is immune from any 6 9 liability, civil or criminal, which might otherwise be 6 10 incurred or imposed. 6 11 7. A hospital's or health care provider's duty of 6 12 notification under this section is not continuing but is 6 13 limited to a diagnosis of HIV infection made based upon the 6 14 submission of a significant exposure report under this 6 15 section. 6 16 8. The employer of a care provider who sustained a 6 17 significant exposure under this section shall pay the costs of 6 18 HIV testing for the individual who is the source of the 6 19 significant exposure and of the testing and counseling of the 6 20 care provider, if the significant exposure was sustained 6 21 during the course of employment. However, the department 6 22 shall pay the costs of HIV testing for the individual who is 6 23 the source of the significant exposure and of the testing and 6 24 counseling of the care provider who renders direct aid without 6 25 compensation. 6 26 EXPLANATION 6 27 This bill relates to the deeming of consent to testing by 6 28 and the release of positive test results of individuals for 6 29 communicable and infectious diseases or for human 6 30 immunodeficiency virus when the individual has been assisted 6 31 by a care provider and the care provider has potentially been 6 32 exposed to the disease or virus. 6 33 The bill defines "care provider" under the communicable and 6 34 infectious disease chapter (Code chapter 139A) and the 6 35 Acquired Immune Deficiency Syndrome (AIDS) (Code chapter 141A) 7 1 purposes of specifying who may submit an exposure or 7 2 significant exposure report and be notified if an individual 7 3 is diagnosed or confirmed as having a contagious or infectious 7 4 disease or has confirmed positive HIV test results. Under the 7 5 bill, care providers are health care providers, emergency 7 6 medical care providers as defined in Code section 147A.1, fire 7 7 fighters, peace officers, or any other individual providing 7 8 health care services or services of any kind in the course of 7 9 the individual's official duties. "Care provider" also 7 10 includes an individual who is trained and authorized by 7 11 federal or state law to provide emergency medical assistance 7 12 for compensation or in a voluntary capacity and an individual 7 13 who renders emergency aid without compensation. 7 14 The bill provides a process for notification of a care 7 15 provider of test results, provides confidentiality measures in 7 16 the process, and provides civil and criminal immunity for good 7 17 faith compliance with the provisions of the bill. 7 18 LSB 2169YH 79 7 19 pf/cf/24.1 7 20
Text: HF00557 Text: HF00559 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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