139A.22 PREVENTION OF TRANSMISSION OF HIV OR HBV TO
PATIENTS.
1. A hospital shall adopt procedures requiring the establishment
of protocols applicable on a case-by-case basis to a health care
provider determined to be infected with HIV or HBV who ordinarily
performs exposure-prone procedures as determined by an expert review
panel, within the hospital setting. The protocols established shall
be in accordance with the recommendations issued by the centers for
disease control and prevention of the United States department of
health and human services. The expert review panel may be an
established committee of the hospital. The procedures may provide
for referral of the health care provider to the expert review panel
established by the department pursuant to subsection 3 for
establishment of the protocols. The procedures shall require
reporting noncompliance with the protocols by a health care provider
to the licensing board with jurisdiction over the relevant health
care providers.
2. A health care facility shall adopt procedures in accordance
with recommendations issued by the centers for disease control and
prevention of the United States department of health and human
services, applicable to a health care provider determined to be
infected with HIV or HBV who ordinarily performs or assists with
exposure-prone procedures within the health care facility. The
procedures shall require referral of the health care provider to the
expert review panel established by the department pursuant to
subsection 3.
3. The department shall establish an expert review panel to
determine on a case-by-case basis under what circumstances, if any, a
health care provider determined to be infected with HIV or HBV
practicing outside the hospital setting or referred to the panel by a
hospital or health care facility may perform exposure-prone
procedures. If a health care provider determined to be infected with
HIV or HBV does not comply with the determination of the expert
review panel, the panel shall report the noncompliance to the
licensing board with jurisdiction over the health care provider. A
determination of an expert review panel pursuant to this section is a
final agency action appealable pursuant to section 17A.19.
4. The health care provider determined to be infected with HIV or
HBV, who works in a hospital setting, may elect either the expert
review panel established by the hospital or the expert review panel
established by the department for the purpose of making a
determination of the circumstances under which the health care
provider may perform exposure-prone procedures.
5. A health care provider determined to be infected with HIV or
HBV shall not perform an exposure-prone procedure except as approved
by the expert review panel established by the department pursuant to
subsection 3, or in compliance with the protocol established by the
hospital pursuant to subsection 1 or the procedures established by
the health care facility pursuant to subsection 2.
6. The board of medicine, the board of physician assistants, the
board of podiatry, the board of nursing, the dental board, and the
board of optometry shall require that licensees comply with the
recommendations issued by the centers for disease control and
prevention of the United States department of health and human
services for preventing transmission of human immunodeficiency virus
and hepatitis B virus to patients during exposure-prone invasive
procedures, with the recommendations of the expert review panel
established pursuant to subsection 3, with hospital protocols
established pursuant to subsection 1, and with health care facility
procedures established pursuant to subsection 2, as applicable.
7. Information relating to the HIV status of a health care
provider is confidential and subject to the provisions of section
141A.9. A person who intentionally or recklessly makes an
unauthorized disclosure of such information is subject to a civil
penalty of one thousand dollars. The attorney general or the
attorney general's designee may maintain a civil action to enforce
this section. Proceedings maintained under this section shall
provide for the anonymity of the health care provider and all
documentation shall be maintained in a confidential manner.
Information relating to the HBV status of a health care provider is
confidential and shall not be accessible to the public. Information
regulated by this section, however, may be disclosed to members of
the expert review panel established by the department or a panel
established by hospital protocol under this section. The information
may also be disclosed to the appropriate licensing board by filing a
report as required by this section. The licensing board shall
consider the report a complaint subject to the confidentiality
provisions of section 272C.6. A licensee, upon the filing of a
formal charge or notice of hearing by the licensing board based on
such a complaint, may seek a protective order from the board.
8. The expert review panel established by the department and
individual members of the panel shall be immune from any liability,
civil or criminal, for reasonable actions taken in the good faith
performance of functions authorized or required by this section. A
hospital, an expert review panel established by the hospital, and
individual members of the panel shall be immune from any liability,
civil or criminal, for reasonable actions taken in the good faith
performance of functions authorized or required by this section.
Complaints, investigations, reports, deliberations, and findings of
the hospital and its panel with respect to a named health care
provider suspected, alleged, or found to be in violation of the
protocol required by this section constitute peer review records
under section 147.135, and are subject to the specific
confidentiality requirements and limitations of that section.
Section History: Recent Form
2000 Acts, ch 1066, §22; 2001 Acts, ch 24, §30; 2007 Acts, ch 10,
§25; 2007 Acts, ch 218, §196
Referred to in § 139A.23
See § 139A.23
139A.22 PREVENTION OF TRANSMISSION OF HIV OR HBV TO
PATIENTS.
1. A hospital shall adopt procedures requiring the establishment
of protocols applicable on a case-by-case basis to a health care
provider determined to be infected with HIV or HBV who ordinarily
performs exposure-prone procedures as determined by an expert review
panel, within the hospital setting. The protocols established shall
be in accordance with the recommendations issued by the centers for
disease control and prevention of the United States department of
health and human services. The expert review panel may be an
established committee of the hospital. The procedures may provide
for referral of the health care provider to the expert review panel
established by the department pursuant to subsection 3 for
establishment of the protocols. The procedures shall require
reporting noncompliance with the protocols by a health care provider
to the licensing board with jurisdiction over the relevant health
care providers.
2. A health care facility shall adopt procedures in accordance
with recommendations issued by the centers for disease control and
prevention of the United States department of health and human
services, applicable to a health care provider determined to be
infected with HIV or HBV who ordinarily performs or assists with
exposure-prone procedures within the health care facility. The
procedures shall require referral of the health care provider to the
expert review panel established by the department pursuant to
subsection 3.
3. The department shall establish an expert review panel to
determine on a case-by-case basis under what circumstances, if any, a
health care provider determined to be infected with HIV or HBV
practicing outside the hospital setting or referred to the panel by a
hospital or health care facility may perform exposure-prone
procedures. If a health care provider determined to be infected with
HIV or HBV does not comply with the determination of the expert
review panel, the panel shall report the noncompliance to the
licensing board with jurisdiction over the health care provider. A
determination of an expert review panel pursuant to this section is a
final agency action appealable pursuant to section 17A.19.
4. The health care provider determined to be infected with HIV or
HBV, who works in a hospital setting, may elect either the expert
review panel established by the hospital or the expert review panel
established by the department for the purpose of making a
determination of the circumstances under which the health care
provider may perform exposure-prone procedures.
5. A health care provider determined to be infected with HIV or
HBV shall not perform an exposure-prone procedure except as approved
by the expert review panel established by the department pursuant to
subsection 3, or in compliance with the protocol established by the
hospital pursuant to subsection 1 or the procedures established by
the health care facility pursuant to subsection 2.
6. The board of medicine, the board of physician assistants, the
board of podiatry, the board of nursing, the dental board, and the
board of optometry shall require that licensees comply with the
recommendations issued by the centers for disease control and
prevention of the United States department of health and human
services for preventing transmission of human immunodeficiency virus
and hepatitis B virus to patients during exposure-prone invasive
procedures, with the recommendations of the expert review panel
established pursuant to subsection 3, with hospital protocols
established pursuant to subsection 1, and with health care facility
procedures established pursuant to subsection 2, as applicable.
7. Information relating to the HIV status of a health care
provider is confidential and subject to the provisions of section
141A.9. A person who intentionally or recklessly makes an
unauthorized disclosure of such information is subject to a civil
penalty of one thousand dollars. The attorney general or the
attorney general's designee may maintain a civil action to enforce
this section. Proceedings maintained under this section shall
provide for the anonymity of the health care provider and all
documentation shall be maintained in a confidential manner.
Information relating to the HBV status of a health care provider is
confidential and shall not be accessible to the public. Information
regulated by this section, however, may be disclosed to members of
the expert review panel established by the department or a panel
established by hospital protocol under this section. The information
may also be disclosed to the appropriate licensing board by filing a
report as required by this section. The licensing board shall
consider the report a complaint subject to the confidentiality
provisions of section 272C.6. A licensee, upon the filing of a
formal charge or notice of hearing by the licensing board based on
such a complaint, may seek a protective order from the board.
8. The expert review panel established by the department and
individual members of the panel shall be immune from any liability,
civil or criminal, for reasonable actions taken in the good faith
performance of functions authorized or required by this section. A
hospital, an expert review panel established by the hospital, and
individual members of the panel shall be immune from any liability,
civil or criminal, for reasonable actions taken in the good faith
performance of functions authorized or required by this section.
Complaints, investigations, reports, deliberations, and findings of
the hospital and its panel with respect to a named health care
provider suspected, alleged, or found to be in violation of the
protocol required by this section constitute peer review records
under section 147.135, and are subject to the specific
confidentiality requirements and limitations of that section.
Section History: Recent Form
2000 Acts, ch 1066, §22; 2001 Acts, ch 24, §30; 2007 Acts, ch 10,
§25; 2007 Acts, ch 218, §196
Referred to in § 139A.23
See § 139A.23
139A.22 PREVENTION OF TRANSMISSION OF HIV OR HBV TO
PATIENTS.
1. A hospital shall adopt procedures requiring the establishment
of protocols applicable on a case-by-case basis to a health care
provider determined to be infected with HIV or HBV who ordinarily
performs exposure-prone procedures as determined by an expert review
panel, within the hospital setting. The protocols established shall
be in accordance with the recommendations issued by the centers for
disease control and prevention of the United States department of
health and human services. The expert review panel may be an
established committee of the hospital. The procedures may provide
for referral of the health care provider to the expert review panel
established by the department pursuant to subsection 3 for
establishment of the protocols. The procedures shall require
reporting noncompliance with the protocols by a health care provider
to the licensing board with jurisdiction over the relevant health
care providers.
2. A health care facility shall adopt procedures in accordance
with recommendations issued by the centers for disease control and
prevention of the United States department of health and human
services, applicable to a health care provider determined to be
infected with HIV or HBV who ordinarily performs or assists with
exposure-prone procedures within the health care facility. The
procedures shall require referral of the health care provider to the
expert review panel established by the department pursuant to
subsection 3.
3. The department shall establish an expert review panel to
determine on a case-by-case basis under what circumstances, if any, a
health care provider determined to be infected with HIV or HBV
practicing outside the hospital setting or referred to the panel by a
hospital or health care facility may perform exposure-prone
procedures. If a health care provider determined to be infected with
HIV or HBV does not comply with the determination of the expert
review panel, the panel shall report the noncompliance to the
licensing board with jurisdiction over the health care provider. A
determination of an expert review panel pursuant to this section is a
final agency action appealable pursuant to section 17A.19.
4. The health care provider determined to be infected with HIV or
HBV, who works in a hospital setting, may elect either the expert
review panel established by the hospital or the expert review panel
established by the department for the purpose of making a
determination of the circumstances under which the health care
provider may perform exposure-prone procedures.
5. A health care provider determined to be infected with HIV or
HBV shall not perform an exposure-prone procedure except as approved
by the expert review panel established by the department pursuant to
subsection 3, or in compliance with the protocol established by the
hospital pursuant to subsection 1 or the procedures established by
the health care facility pursuant to subsection 2.
6. The board of medicine, the board of physician assistants, the
board of podiatry, the board of nursing, the dental board, and the
board of optometry shall require that licensees comply with the
recommendations issued by the centers for disease control and
prevention of the United States department of health and human
services for preventing transmission of human immunodeficiency virus
and hepatitis B virus to patients during exposure-prone invasive
procedures, with the recommendations of the expert review panel
established pursuant to subsection 3, with hospital protocols
established pursuant to subsection 1, and with health care facility
procedures established pursuant to subsection 2, as applicable.
7. Information relating to the HIV status of a health care
provider is confidential and subject to the provisions of section
141A.9. A person who intentionally or recklessly makes an
unauthorized disclosure of such information is subject to a civil
penalty of one thousand dollars. The attorney general or the
attorney general's designee may maintain a civil action to enforce
this section. Proceedings maintained under this section shall
provide for the anonymity of the health care provider and all
documentation shall be maintained in a confidential manner.
Information relating to the HBV status of a health care provider is
confidential and shall not be accessible to the public. Information
regulated by this section, however, may be disclosed to members of
the expert review panel established by the department or a panel
established by hospital protocol under this section. The information
may also be disclosed to the appropriate licensing board by filing a
report as required by this section. The licensing board shall
consider the report a complaint subject to the confidentiality
provisions of section 272C.6. A licensee, upon the filing of a
formal charge or notice of hearing by the licensing board based on
such a complaint, may seek a protective order from the board.
8. The expert review panel established by the department and
individual members of the panel shall be immune from any liability,
civil or criminal, for reasonable actions taken in the good faith
performance of functions authorized or required by this section. A
hospital, an expert review panel established by the hospital, and
individual members of the panel shall be immune from any liability,
civil or criminal, for reasonable actions taken in the good faith
performance of functions authorized or required by this section.
Complaints, investigations, reports, deliberations, and findings of
the hospital and its panel with respect to a named health care
provider suspected, alleged, or found to be in violation of the
protocol required by this section constitute peer review records
under section 147.135, and are subject to the specific
confidentiality requirements and limitations of that section.
Section History: Recent Form
2000 Acts, ch 1066, §22; 2001 Acts, ch 24, §30; 2007 Acts, ch 10,
§25; 2007 Acts, ch 218, §196
Referred to in § 139A.23
See § 139A.23
