139A.19 CARE PROVIDER NOTIFICATION.
1. a. Notwithstanding any provision of this chapter to the
contrary, if a care provider sustains an exposure from an individual
while rendering health care services or other services, the
individual to whom the care provider was exposed is deemed to consent
to a test to determine if the individual has a contagious or
infectious disease and is deemed to consent to notification of the
care provider of the results of the test, upon submission of an
exposure report by the care provider to the hospital or other person
specified in this section to whom the individual is delivered by the
care provider. The exposure report form may be incorporated into the
Iowa prehospital care report, the Iowa prehospital advanced care
report, or a similar report used by an ambulance, rescue, or first
response service or law enforcement agency.
b. The hospital or other person specified in this section to
whom the individual is delivered shall conduct the test. If the
individual is delivered by the care provider to an institution
administered by the Iowa department of corrections, the test shall be
conducted by the staff physician of the institution. If the
individual is delivered by the care provider to a jail, the test
shall be conducted by the attending physician of the jail or the
county medical examiner. The sample and test results shall only be
identified by a number and shall not otherwise identify the
individual tested.
c. A hospital, institutions administered by the department of
corrections, and jails shall have written policies and procedures for
notification of a care provider under this section. The policies and
procedures shall include designation of a representative of the care
provider to whom notification shall be provided and who shall, in
turn, notify the care provider. The identity of the designated
representative of the care provider shall not be revealed to the
individual tested. The designated representative shall inform the
hospital, institution administered by the department of corrections,
or jail of those parties who received the notification, and following
receipt of this information and upon request of the individual
tested, the hospital, institution administered by the department of
corrections, or jail shall inform the individual of the parties to
whom notification was provided.
d. Notwithstanding any other provision of law to the
contrary, a care provider may transmit cautions regarding contagious
or infectious disease information in the course of the care
provider's duties over the police radio broadcasting system under
chapter 693 or any other radio-based communications system if the
information transmitted does not personally identify an individual.
2. If the individual tested is diagnosed or confirmed as having a
contagious or infectious disease, the hospital or other person
conducting the test shall notify the care provider or the designated
representative of the care provider who shall then notify the care
provider.
3. The notification to the care provider shall advise the care
provider of possible exposure to a particular contagious or
infectious disease and recommend that the care provider seek medical
attention. The notification shall be provided as soon as is
reasonably possible following determination that the individual has a
contagious or infectious disease. The notification shall not include
the name of the individual tested for the contagious or infectious
disease unless the individual consents. If the care provider who
sustained an exposure determines the identity of the individual
diagnosed or confirmed as having a contagious or infectious disease,
the identity of the individual shall be confidential information and
shall not be disclosed by the care provider to any other person
unless a specific written release is obtained from the individual
diagnosed with or confirmed as having a contagious or infectious
disease.
4. This section does not require or permit, unless otherwise
provided, a hospital, health care provider, or other person to
administer a test for the express purpose of determining the presence
of a contagious or infectious disease, except that testing may be
performed if the individual consents and if the requirements of this
section are satisfied.
5. This section does not preclude a hospital or a health care
provider from providing notification to a care provider under
circumstances in which the hospital's or health care provider's
policy provides for notification of the hospital's or health care
provider's own employees of exposure to a contagious or infectious
disease that is not life-threatening if the notice does not reveal a
patient's name, unless the patient consents.
6. A hospital, health care provider, or other person
participating in good faith in complying with provisions authorized
or required under this section is immune from any liability, civil or
criminal, which might otherwise be incurred or imposed.
7. A hospital's or health care provider's duty of notification
under this section is not continuing but is limited to a diagnosis of
a contagious or infectious disease made in the course of admission,
care, and treatment following the rendering of health care services
or other services to which notification under this section applies.
8. A hospital, health care provider, or other person who is
authorized to perform a test under this section who performs the test
in compliance with this section or who fails to perform the test
authorized under this section, is immune from any liability, civil or
criminal, which might otherwise be incurred or imposed.
9. A hospital, health care provider, or other person who is
authorized to perform a test under this section has no duty to
perform the test authorized.
10. The department shall adopt rules pursuant to chapter 17A to
administer this section. The department may determine by rule the
contagious or infectious diseases for which testing is reasonable and
appropriate and which may be administered under this section.
11. The employer of a care provider who sustained an exposure
under this section shall pay the costs of testing for the individual
who is the source of the exposure and of the testing of the care
provider, if the exposure was sustained during the course of
employment. However, the department shall pay the costs of testing
for the individual who is the source of the significant exposure and
of the testing of the care provider who renders direct aid without
compensation.
Section History: Recent Form
2000 Acts, ch 1066, §19; 2001 Acts, ch 157, §4
Care provider notification of HIV infections, see § 141A.8
139A.19 CARE PROVIDER NOTIFICATION.
1. a. Notwithstanding any provision of this chapter to the
contrary, if a care provider sustains an exposure from an individual
while rendering health care services or other services, the
individual to whom the care provider was exposed is deemed to consent
to a test to determine if the individual has a contagious or
infectious disease and is deemed to consent to notification of the
care provider of the results of the test, upon submission of an
exposure report by the care provider to the hospital or other person
specified in this section to whom the individual is delivered by the
care provider. The exposure report form may be incorporated into the
Iowa prehospital care report, the Iowa prehospital advanced care
report, or a similar report used by an ambulance, rescue, or first
response service or law enforcement agency.
b. The hospital or other person specified in this section to
whom the individual is delivered shall conduct the test. If the
individual is delivered by the care provider to an institution
administered by the Iowa department of corrections, the test shall be
conducted by the staff physician of the institution. If the
individual is delivered by the care provider to a jail, the test
shall be conducted by the attending physician of the jail or the
county medical examiner. The sample and test results shall only be
identified by a number and shall not otherwise identify the
individual tested.
c. A hospital, institutions administered by the department of
corrections, and jails shall have written policies and procedures for
notification of a care provider under this section. The policies and
procedures shall include designation of a representative of the care
provider to whom notification shall be provided and who shall, in
turn, notify the care provider. The identity of the designated
representative of the care provider shall not be revealed to the
individual tested. The designated representative shall inform the
hospital, institution administered by the department of corrections,
or jail of those parties who received the notification, and following
receipt of this information and upon request of the individual
tested, the hospital, institution administered by the department of
corrections, or jail shall inform the individual of the parties to
whom notification was provided.
d. Notwithstanding any other provision of law to the
contrary, a care provider may transmit cautions regarding contagious
or infectious disease information in the course of the care
provider's duties over the police radio broadcasting system under
chapter 693 or any other radio-based communications system if the
information transmitted does not personally identify an individual.
2. If the individual tested is diagnosed or confirmed as having a
contagious or infectious disease, the hospital or other person
conducting the test shall notify the care provider or the designated
representative of the care provider who shall then notify the care
provider.
3. The notification to the care provider shall advise the care
provider of possible exposure to a particular contagious or
infectious disease and recommend that the care provider seek medical
attention. The notification shall be provided as soon as is
reasonably possible following determination that the individual has a
contagious or infectious disease. The notification shall not include
the name of the individual tested for the contagious or infectious
disease unless the individual consents. If the care provider who
sustained an exposure determines the identity of the individual
diagnosed or confirmed as having a contagious or infectious disease,
the identity of the individual shall be confidential information and
shall not be disclosed by the care provider to any other person
unless a specific written release is obtained from the individual
diagnosed with or confirmed as having a contagious or infectious
disease.
4. This section does not require or permit, unless otherwise
provided, a hospital, health care provider, or other person to
administer a test for the express purpose of determining the presence
of a contagious or infectious disease, except that testing may be
performed if the individual consents and if the requirements of this
section are satisfied.
5. This section does not preclude a hospital or a health care
provider from providing notification to a care provider under
circumstances in which the hospital's or health care provider's
policy provides for notification of the hospital's or health care
provider's own employees of exposure to a contagious or infectious
disease that is not life-threatening if the notice does not reveal a
patient's name, unless the patient consents.
6. A hospital, health care provider, or other person
participating in good faith in complying with provisions authorized
or required under this section is immune from any liability, civil or
criminal, which might otherwise be incurred or imposed.
7. A hospital's or health care provider's duty of notification
under this section is not continuing but is limited to a diagnosis of
a contagious or infectious disease made in the course of admission,
care, and treatment following the rendering of health care services
or other services to which notification under this section applies.
8. A hospital, health care provider, or other person who is
authorized to perform a test under this section who performs the test
in compliance with this section or who fails to perform the test
authorized under this section, is immune from any liability, civil or
criminal, which might otherwise be incurred or imposed.
9. A hospital, health care provider, or other person who is
authorized to perform a test under this section has no duty to
perform the test authorized.
10. The department shall adopt rules pursuant to chapter 17A to
administer this section. The department may determine by rule the
contagious or infectious diseases for which testing is reasonable and
appropriate and which may be administered under this section.
11. The employer of a care provider who sustained an exposure
under this section shall pay the costs of testing for the individual
who is the source of the exposure and of the testing of the care
provider, if the exposure was sustained during the course of
employment. However, the department shall pay the costs of testing
for the individual who is the source of the significant exposure and
of the testing of the care provider who renders direct aid without
compensation.
Section History: Recent Form
2000 Acts, ch 1066, §19; 2001 Acts, ch 157, §4
Care provider notification of HIV infections, see § 141A.8
139A.19 CARE PROVIDER NOTIFICATION.
1. a. Notwithstanding any provision of this chapter to the
contrary, if a care provider sustains an exposure from an individual
while rendering health care services or other services, the
individual to whom the care provider was exposed is deemed to consent
to a test to determine if the individual has a contagious or
infectious disease and is deemed to consent to notification of the
care provider of the results of the test, upon submission of an
exposure report by the care provider to the hospital or other person
specified in this section to whom the individual is delivered by the
care provider. The exposure report form may be incorporated into the
Iowa prehospital care report, the Iowa prehospital advanced care
report, or a similar report used by an ambulance, rescue, or first
response service or law enforcement agency.
b. The hospital or other person specified in this section to
whom the individual is delivered shall conduct the test. If the
individual is delivered by the care provider to an institution
administered by the Iowa department of corrections, the test shall be
conducted by the staff physician of the institution. If the
individual is delivered by the care provider to a jail, the test
shall be conducted by the attending physician of the jail or the
county medical examiner. The sample and test results shall only be
identified by a number and shall not otherwise identify the
individual tested.
c. A hospital, institutions administered by the department of
corrections, and jails shall have written policies and procedures for
notification of a care provider under this section. The policies and
procedures shall include designation of a representative of the care
provider to whom notification shall be provided and who shall, in
turn, notify the care provider. The identity of the designated
representative of the care provider shall not be revealed to the
individual tested. The designated representative shall inform the
hospital, institution administered by the department of corrections,
or jail of those parties who received the notification, and following
receipt of this information and upon request of the individual
tested, the hospital, institution administered by the department of
corrections, or jail shall inform the individual of the parties to
whom notification was provided.
d. Notwithstanding any other provision of law to the
contrary, a care provider may transmit cautions regarding contagious
or infectious disease information in the course of the care
provider's duties over the police radio broadcasting system under
chapter 693 or any other radio-based communications system if the
information transmitted does not personally identify an individual.
2. If the individual tested is diagnosed or confirmed as having a
contagious or infectious disease, the hospital or other person
conducting the test shall notify the care provider or the designated
representative of the care provider who shall then notify the care
provider.
3. The notification to the care provider shall advise the care
provider of possible exposure to a particular contagious or
infectious disease and recommend that the care provider seek medical
attention. The notification shall be provided as soon as is
reasonably possible following determination that the individual has a
contagious or infectious disease. The notification shall not include
the name of the individual tested for the contagious or infectious
disease unless the individual consents. If the care provider who
sustained an exposure determines the identity of the individual
diagnosed or confirmed as having a contagious or infectious disease,
the identity of the individual shall be confidential information and
shall not be disclosed by the care provider to any other person
unless a specific written release is obtained from the individual
diagnosed with or confirmed as having a contagious or infectious
disease.
4. This section does not require or permit, unless otherwise
provided, a hospital, health care provider, or other person to
administer a test for the express purpose of determining the presence
of a contagious or infectious disease, except that testing may be
performed if the individual consents and if the requirements of this
section are satisfied.
5. This section does not preclude a hospital or a health care
provider from providing notification to a care provider under
circumstances in which the hospital's or health care provider's
policy provides for notification of the hospital's or health care
provider's own employees of exposure to a contagious or infectious
disease that is not life-threatening if the notice does not reveal a
patient's name, unless the patient consents.
6. A hospital, health care provider, or other person
participating in good faith in complying with provisions authorized
or required under this section is immune from any liability, civil or
criminal, which might otherwise be incurred or imposed.
7. A hospital's or health care provider's duty of notification
under this section is not continuing but is limited to a diagnosis of
a contagious or infectious disease made in the course of admission,
care, and treatment following the rendering of health care services
or other services to which notification under this section applies.
8. A hospital, health care provider, or other person who is
authorized to perform a test under this section who performs the test
in compliance with this section or who fails to perform the test
authorized under this section, is immune from any liability, civil or
criminal, which might otherwise be incurred or imposed.
9. A hospital, health care provider, or other person who is
authorized to perform a test under this section has no duty to
perform the test authorized.
10. The department shall adopt rules pursuant to chapter 17A to
administer this section. The department may determine by rule the
contagious or infectious diseases for which testing is reasonable and
appropriate and which may be administered under this section.
11. The employer of a care provider who sustained an exposure
under this section shall pay the costs of testing for the individual
who is the source of the exposure and of the testing of the care
provider, if the exposure was sustained during the course of
employment. However, the department shall pay the costs of testing
for the individual who is the source of the significant exposure and
of the testing of the care provider who renders direct aid without
compensation.
Section History: Recent Form
2000 Acts, ch 1066, §19; 2001 Acts, ch 157, §4
Care provider notification of HIV infections, see § 141A.8
