Full Text of HB4047 96th General Assembly
HB4047ham001 96TH GENERAL ASSEMBLY
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Rep. Timothy L. Schmitz
Filed: 3/31/2009
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| AMENDMENT TO HOUSE BILL 4047
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| AMENDMENT NO. ______. Amend House Bill 4047 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Infectious Disease Notification Act. | 6 |
| Section 3. Definitions. For the purpose of this Act: | 7 |
| "Medical facility" means a hospital licensed under the | 8 |
| Hospital Licensing Act or a free standing emergency center | 9 |
| under the Emergency Medical Services (EMS) Systems Act. | 10 |
| "Physician" means a person licensed under the Medical | 11 |
| Practice Act of 1987 to practice medicine in all of its | 12 |
| branches. | 13 |
| Section 5. Notification of designated officer. | 14 |
| (a) If a victim of an emergency is transported by emergency | 15 |
| response employees to a medical facility and the medical |
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| facility makes a determination that the victim has an airborne | 2 |
| infectious disease or any other communicable disease that in | 3 |
| the judgment of a physician could have resulted in the | 4 |
| transmission of that disease to an emergency response employee, | 5 |
| then the medical facility shall notify the designated officer | 6 |
| of the emergency response employees who transported the victim | 7 |
| to the medical facility of the determination. | 8 |
| (b) If a victim of an emergency is transported by emergency | 9 |
| response employees to a medical facility and the victim dies at | 10 |
| or before reaching the medical facility, the medical facility | 11 |
| ascertaining the cause of death shall notify the designated | 12 |
| officer of the emergency response employees who transported the | 13 |
| victim to the initial medical facility of any determination by | 14 |
| the medical facility that the victim had an airborne infectious | 15 |
| disease or communicable disease that in the judgment of a | 16 |
| physician could have resulted in the transmission of that | 17 |
| disease to an emergency response employee.
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| Section 10. Requests for notification. | 19 |
| (a) If an emergency response employee believes that the | 20 |
| employee may have been exposed to an infectious disease by a | 21 |
| victim of an emergency who was transported to a medical | 22 |
| facility as a result of the emergency and if the employee | 23 |
| attended, treated, assisted, or transported the victim | 24 |
| pursuant to the emergency, then the designated officer of the | 25 |
| employee shall, upon the request of the employee, carry out the |
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| duties described in subsection (b) of this Section concerning a | 2 |
| determination of whether the employee may have been exposed to | 3 |
| an infectious disease by the victim. | 4 |
| (b) The duties concerning a determination of whether the | 5 |
| employee may have been exposed to an infectious disease by the | 6 |
| victim are as follows: | 7 |
| (1) the designated officer involved shall collect the | 8 |
| facts relating to the circumstances under which, for | 9 |
| purposes of subsection (a) of this Section, the employee | 10 |
| involved may have been exposed to an infectious disease; | 11 |
| and | 12 |
| (2) the designated officer shall evaluate the facts and | 13 |
| make a determination of whether, if the victim involved had | 14 |
| any known infectious disease, the employee would have been | 15 |
| exposed to the disease under such facts.
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| (c) If a designated officer makes a determination under | 17 |
| item (2) of subsection (b) of this Section that an emergency | 18 |
| response employee may have been exposed to an infectious | 19 |
| disease, the designated officer shall submit to the medical | 20 |
| facility to which the victim involved was transported a request | 21 |
| for a response under subsection (d) of this Section concerning | 22 |
| the victim of the emergency involved. The request shall be in | 23 |
| writing and be signed by the designated officer involved, and | 24 |
| shall contain a statement of the facts collected pursuant to | 25 |
| item (1) of subsection (b). | 26 |
| (d) The procedures concerning an evaluation of and response |
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| to a request to a medical facility pursuant to this Act are as | 2 |
| follows: | 3 |
| (1) If a medical facility receives a request under | 4 |
| subsection (c) of this Section, then the medical facility | 5 |
| shall evaluate the facts submitted in the request and make | 6 |
| a determination of whether, on the basis of the medical | 7 |
| information possessed by the facility regarding the victim | 8 |
| involved and in the professional judgment of a physician, | 9 |
| the emergency response employee was exposed to a known | 10 |
| infectious disease and the exposure was of a type that | 11 |
| could have resulted in transmission of the infectious | 12 |
| disease to the emergency response employee. | 13 |
| (2) If a medical facility makes a determination under | 14 |
| item (1) of this subsection (d) that the emergency response | 15 |
| employee involved has been exposed to an infectious disease | 16 |
| and the exposure was of a type that in the judgment of a | 17 |
| physician could have resulted in the transmission of the | 18 |
| infectious disease to the emergency response employee, | 19 |
| then the medical facility shall, in writing, notify the | 20 |
| designated officer who submitted the request of the | 21 |
| determination. No personally identifiable health | 22 |
| information may be released to the designated officer other | 23 |
| than notification of the exposure to the infectious | 24 |
| disease. | 25 |
| (3) If a medical facility makes a determination under | 26 |
| item (1) of this subsection (d) that the emergency response |
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| employee involved has not been exposed to an infectious | 2 |
| disease, or that the exposure was not of a type that in the | 3 |
| judgment of a physician would have resulted in transmission | 4 |
| of the infectious disease to the employee, then the medical | 5 |
| facility shall, in writing, inform the designated officer | 6 |
| who submitted the request of the determination. | 7 |
| Section 15. Rules. The Department of Public Health shall | 8 |
| adopt rules that it deems necessary for the efficient | 9 |
| administration of this Act. | 10 |
| Section 20. Relationship to other Acts. To the extent that | 11 |
| the provisions of this Act conflict with any provision of the | 12 |
| AIDS Confidentiality Act, the provisions of the AIDS | 13 |
| Confidentiality Act shall control.".
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