Text: HF00589 Text: HF00591 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 590
1 2
1 3 AN ACT
1 4 RELATING TO THE TESTING OF INDIVIDUALS AND THE RELEASE OF THE
1 5 RESULTS OF TESTS FOR COMMUNICABLE AND INFECTIOUS DISEASES
1 6 AND FOR THE HUMAN IMMUNODEFICIENCY VIRUS AND MAKING PENALTIES
1 7 APPLICABLE.
1 8
1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 10
1 11 Section 1. Section 139A.2, Code 2001, is amended by adding
1 12 the following new subsection:
1 13 NEW SUBSECTION. 1A. "Care provider" means an individual
1 14 who is trained and authorized by federal or state law to
1 15 provide health care services or services of any kind in the
1 16 course of the individual's official duties, for compensation
1 17 or in a voluntary capacity, who is a health care provider,
1 18 emergency medical care provider as defined in section 147A.1,
1 19 fire fighter, or peace officer. "Care provider" also means an
1 20 individual who renders emergency care or assistance in an
1 21 emergency or due to an accident as described in section
1 22 613.17.
1 23 Sec. 2. Section 139A.2, subsection 6, Code 2001, is
1 24 amended by striking the subsection.
1 25 Sec. 3. Section 139A.2, subsection 7, Code 2001, is
1 26 amended to read as follows:
1 27 7. "Exposure" means the risk of contracting disease as
1 28 determined by the centers for disease control and prevention
1 29 of the United States department of health and human services
1 30 and adopted by rule of the department.
1 31 Sec. 4. Section 139A.19, Code 2001, is amended by striking
1 32 the section and inserting in lieu thereof the following:
1 33 139A.19 CARE PROVIDER NOTIFICATION.
1 34 1. a. Notwithstanding any provision of this chapter to
1 35 the contrary, if a care provider sustains an exposure from an
2 1 individual while rendering health care services or other
2 2 services, the individual to whom the care provider was exposed
2 3 is deemed to consent to a test to determine if the individual
2 4 has a contagious or infectious disease and is deemed to
2 5 consent to notification of the care provider of the results of
2 6 the test, upon submission of an exposure report by the care
2 7 provider to the hospital or other person specified in this
2 8 section to whom the individual is delivered by the care
2 9 provider. The exposure report form may be incorporated into
2 10 the Iowa prehospital care report, the Iowa prehospital
2 11 advanced care report, or a similar report used by an
2 12 ambulance, rescue, or first response service or law
2 13 enforcement agency.
2 14 b. The hospital or other person specified in this section
2 15 to whom the individual is delivered shall conduct the test.
2 16 If the individual is delivered by the care provider to an
2 17 institution administered by the Iowa department of
2 18 corrections, the test shall be conducted by the staff
2 19 physician of the institution. If the individual is delivered
2 20 by the care provider to a jail, the test shall be conducted by
2 21 the attending physician of the jail or the county medical
2 22 examiner. The sample and test results shall only be
2 23 identified by a number and shall not otherwise identify the
2 24 individual tested.
2 25 c. A hospital, institutions administered by the department
2 26 of corrections, and jails shall have written policies and
2 27 procedures for notification of a care provider under this
2 28 section. The policies and procedures shall include
2 29 designation of a representative of the care provider to whom
2 30 notification shall be provided and who shall, in turn, notify
2 31 the care provider. The identity of the designated
2 32 representative of the care provider shall not be revealed to
2 33 the individual tested. The designated representative shall
2 34 inform the hospital, institution administered by the
2 35 department of corrections, or jail of those parties who
3 1 received the notification, and following receipt of this
3 2 information and upon request of the individual tested, the
3 3 hospital, institution administered by the department of
3 4 corrections, or jail shall inform the individual of the
3 5 parties to whom notification was provided.
3 6 d. Notwithstanding any other provision of law to the
3 7 contrary, a care provider may transmit cautions regarding
3 8 contagious or infectious disease information in the course of
3 9 the care provider's duties over the police radio broadcasting
3 10 system under chapter 693 or any other radio-based
3 11 communications system, if the information transmitted does not
3 12 personally identify an individual.
3 13 2. If the individual tested is diagnosed or confirmed as
3 14 having a contagious or infectious disease, the hospital, or
3 15 other person conducting the test shall notify the care
3 16 provider or the designated representative of the care provider
3 17 who shall then notify the care provider.
3 18 3. The notification to the care provider shall advise the
3 19 care provider of possible exposure to a particular contagious
3 20 or infectious disease and recommend that the care provider
3 21 seek medical attention. The notification shall be provided as
3 22 soon as is reasonably possible following determination that
3 23 the individual has a contagious or infectious disease. The
3 24 notification shall not include the name of the individual
3 25 tested for the contagious or infectious disease, unless the
3 26 individual consents. If the care provider who sustained an
3 27 exposure determines the identity of the individual diagnosed
3 28 or confirmed as having a contagious or infectious disease, the
3 29 identity of the individual shall be confidential information
3 30 and shall not be disclosed by the care provider to any other
3 31 person unless a specific written release is obtained from the
3 32 individual diagnosed with or confirmed as having a contagious
3 33 or infectious disease.
3 34 4. This section does not require or permit, unless
3 35 otherwise provided, a hospital, health care provider, or other
4 1 person to administer a test for the express purpose of
4 2 determining the presence of a contagious or infectious
4 3 disease, except that testing may be performed if the
4 4 individual consents and if the requirements of this section
4 5 are satisfied.
4 6 5. This section does not preclude a hospital or a health
4 7 care provider from providing notification to a care provider
4 8 under circumstances in which the hospital's or health care
4 9 provider's policy provides for notification of the hospital's
4 10 or health care provider's own employees of exposure to a
4 11 contagious or infectious disease that is not life-threatening
4 12 if the notice does not reveal a patient's name, unless the
4 13 patient consents.
4 14 6. A hospital, health care provider, or other person
4 15 participating in good faith in complying with provisions
4 16 authorized or required under this section is immune from any
4 17 liability, civil or criminal, which might otherwise be
4 18 incurred or imposed.
4 19 7. A hospital's or health care provider's duty of
4 20 notification under this section is not continuing but is
4 21 limited to a diagnosis of a contagious or infectious disease
4 22 made in the course of admission, care, and treatment following
4 23 the rendering of health care services or other services to
4 24 which notification under this section applies.
4 25 7A. A hospital, health care provider, or other person who
4 26 is authorized to perform a test under this section who
4 27 performs the test in compliance with this section or who fails
4 28 to perform the test authorized under this section, is immune
4 29 from any liability, civil or criminal, which might otherwise
4 30 be incurred or imposed.
4 31 7B. A hospital, health care provider, or other person who
4 32 is authorized to perform a test under this section has no duty
4 33 to perform the test authorized.
4 34 8. The department shall adopt rules pursuant to chapter
4 35 17A to administer this section. The department may determine
5 1 by rule the contagious or infectious diseases for which
5 2 testing is reasonable and appropriate and which may be
5 3 administered under this section.
5 4 9. The employer of a care provider who sustained an
5 5 exposure under this section shall pay the costs of testing for
5 6 the individual who is the source of the exposure and of the
5 7 testing of the care provider, if the exposure was sustained
5 8 during the course of employment. However, the department
5 9 shall pay the costs of testing for the individual who is the
5 10 source of the significant exposure and of the testing of the
5 11 care provider who renders direct aid without compensation.
5 12 Sec. 5. Section 141A.1, subsection 5, Code 2001, is
5 13 amended by striking the subsection and inserting in lieu
5 14 thereof the following:
5 15 5. "Care provider" means an individual who is trained and
5 16 authorized by federal or state law to provide health care
5 17 services or services of any kind in the course of the
5 18 individual's official duties, for compensation or in a
5 19 voluntary capacity, who is a health care provider, emergency
5 20 medical care provider as defined in section 147A.1, fire
5 21 fighter, or peace officer. "Care provider" also means an
5 22 individual who renders emergency care or assistance in an
5 23 emergency or due to an accident as described in section
5 24 613.17.
5 25 Sec. 6. Section 141A.1, subsection 7, Code 2001, is
5 26 amended by striking the subsection.
5 27 Sec. 7. Section 141A.8, Code 2001, is amended by striking
5 28 the section and inserting in lieu thereof the following:
5 29 141A.8 CARE PROVIDER NOTIFICATION.
5 30 1. a. Notwithstanding any provision of this chapter to
5 31 the contrary, if a care provider sustains a significant
5 32 exposure from an individual, the individual to whom the care
5 33 provider was exposed is deemed to consent to a test to
5 34 determine the presence of HIV infection in that individual and
5 35 is deemed to consent to notification of the care provider of
6 1 the HIV test results of the individual, upon submission of a
6 2 significant exposure report by the care provider to the
6 3 hospital or other person specified in this section to whom the
6 4 individual is delivered by the care provider. The significant
6 5 exposure report form may be incorporated into the Iowa
6 6 prehospital care report, the Iowa prehospital advanced care
6 7 report, or a similar report used by an ambulance, rescue, or
6 8 first response service or law enforcement agency.
6 9 b. The hospital or other person specified in this section
6 10 to whom the individual is delivered shall conduct the test.
6 11 If the individual is delivered by the care provider to an
6 12 institution administered by the Iowa department of
6 13 corrections, the test shall be conducted by the staff
6 14 physician of the institution. If the individual is delivered
6 15 by the care provider to a jail, the test shall be conducted by
6 16 the attending physician of the jail or the county medical
6 17 examiner. The sample and test results shall only be
6 18 identified by a number and no reports otherwise required by
6 19 this chapter shall be made which otherwise identify the
6 20 individual tested.
6 21 c. A hospital, institutions administered by the department
6 22 of corrections, and jails shall have written policies and
6 23 procedures for notification of a care provider under this
6 24 section. The policies and procedures shall include
6 25 designation of a representative of the care provider to whom
6 26 notification shall be provided and who shall, in turn, notify
6 27 the care provider. The identity of the designated
6 28 representative of the care provider shall not be revealed to
6 29 the individual tested. The designated representative shall
6 30 inform the hospital, institution administered by the
6 31 department of corrections, or jail of those parties who
6 32 received the notification, and following receipt of this
6 33 information and upon request of the individual tested, the
6 34 hospital, institution administered by the department of
6 35 corrections, or jail shall inform the individual of the
7 1 parties to whom notification was provided.
7 2 2. a. If the test results are positive, the hospital, or
7 3 other person performing the test shall notify the subject of
7 4 the test and ensure the performance of counseling and
7 5 reporting requirements of this chapter in the same manner as
7 6 for an individual from whom actual consent was obtained.
7 7 b. If the HIV test results of the subject of the test are
7 8 positive, the hospital, or other person performing the test
7 9 shall notify the care provider or the designated
7 10 representative of the care provider who shall then notify the
7 11 care provider who sustained the exposure.
7 12 c. The notification shall be provided as soon as is
7 13 reasonably possible following determination that the HIV test
7 14 results of the subject of the test are positive. The
7 15 notification shall not include the name of the individual
7 16 tested for HIV infection, unless the individual provides a
7 17 specific written release. If the care provider who sustained
7 18 the significant exposure determines the identity of the
7 19 individual tested, the identity of the individual shall be
7 20 confidential information and shall not be disclosed by the
7 21 care provider to any other person unless a specific written
7 22 release is obtained from the individual tested.
7 23 3. This section does not require or permit, unless
7 24 otherwise provided, a hospital, health care provider, or other
7 25 person to administer a test for the express purpose of
7 26 determining the presence of HIV infection, except that testing
7 27 may be performed if the individual consents, and if the
7 28 requirements of this section are satisfied.
7 29 4. This section does not preclude a hospital or health
7 30 care provider from providing notification to a care provider
7 31 under circumstances in which the hospital's or health care
7 32 provider's policy provides for notification of the hospital's
7 33 or health care provider's own employees of exposure to HIV
7 34 infection if the notice does not reveal a patient's name,
7 35 unless the patient consents.
8 1 5. A hospital, health care provider, or other person
8 2 participating in good faith in making a report under the
8 3 notification provisions of this section, under procedures
8 4 similar to this section for notification of its own employees
8 5 upon filing of a significant exposure report, or in failing to
8 6 make a report under this section, is immune from any
8 7 liability, civil or criminal, which might otherwise be
8 8 incurred or imposed.
8 9 6. A hospital's or health care provider's duty to notify
8 10 under this section is not continuing but is limited to the
8 11 diagnosis of HIV infection made in the course of admission,
8 12 care, and treatment following the rendering of health care
8 13 services or other services to the individual with the
8 14 infection to which notification under this section applies.
8 15 7. Notwithstanding subsection 6, if, following discharge
8 16 from or completion of care or treatment by a hospital, an
8 17 individual for whom a significant exposure report was
8 18 submitted but which report did not result in notification,
8 19 wishes to provide information regarding the individual's HIV
8 20 infection status to the care provider who submitted the
8 21 report, the hospital shall provide a procedure for notifying
8 22 the care provider.
8 23 8. A hospital, health care provider, or other person who
8 24 is authorized to perform an HIV test under this section, who
8 25 performs the HIV test in compliance with this section or who
8 26 fails to perform an HIV test authorized under this section, is
8 27 immune from any liability, civil or criminal, which might
8 28 otherwise be incurred or imposed.
8 29 9. A hospital, health care provider, or other person who
8 30 is authorized to perform a test under this section has no duty
8 31 to perform the HIV test authorized.
8 32 10. The employer of a care provider who sustained a
8 33 significant exposure under this section shall pay the costs of
8 34 HIV testing for the individual who is the source of the
8 35 significant exposure and of the testing and counseling of the
9 1 care provider, if the significant exposure was sustained
9 2 during the course of employment. However, the department
9 3 shall pay the costs of HIV testing for the individual who is
9 4 the source of the significant exposure and of the testing and
9 5 counseling of the care provider who renders direct aid without
9 6 compensation.
9 7
9 8
9 9
9 10 BRENT SIEGRIST
9 11 Speaker of the House
9 12
9 13
9 14
9 15 MARY E. KRAMER
9 16 President of the Senate
9 17
9 18 I hereby certify that this bill originated in the House and
9 19 is known as House File 590, Seventy-ninth General Assembly.
9 20
9 21
9 22
9 23 MARGARET THOMSON
9 24 Chief Clerk of the House
9 25 Approved , 2001
9 26
9 27
9 28
9 29 THOMAS J. VILSACK
9 30 Governor
Text: HF00589 Text: HF00591 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
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