Testing for disease, consent deemed given, when--hospital to conducttesting, written policies and procedures required--notification forconfirmed exposure--limitations on testing and duties ofhospitals--rules.
191.631. 1. (1) Notwithstanding any other law to the contrary, if acare provider sustains an exposure from a person while rendering emergencyhealth care services, the person to whom the care provider was exposed isdeemed to consent to a test to determine if the person has a contagious orinfectious disease and is deemed to consent to notification of the careprovider of the results of the test, upon submission of an exposure reportby the care provider to the hospital where the person is delivered by thecare provider.
(2) The hospital where the person is delivered shall conduct thetest. The sample and test results shall only be identified by a number andshall not otherwise identify the person tested.
(3) A hospital shall have written policies and procedures fornotification of a care provider pursuant to this section. The policies andprocedures shall include designation of a representative of the careprovider to whom notification shall be provided and who shall, in turn,notify the care provider. The identity of the designated representative ofthe care provider shall not be disclosed to the person tested. Thedesignated representative shall inform the hospital of those parties whoreceive the notification, and following receipt of such information andupon request of the person tested, the hospital shall inform the person ofthe parties to whom notification was provided.
2. If a person tested is diagnosed or confirmed as having acontagious or infectious disease pursuant to this section, the hospitalshall notify the care provider or the designated representative of the careprovider who shall then notify the care provider.
3. The notification to the care provider shall advise the careprovider of possible exposure to a particular contagious or infectiousdisease and recommend that the care provider seek medical attention. Thenotification shall be provided as soon as is reasonably possible followingdetermination that the individual has a contagious or infectious disease.The notification shall not include the name of the person tested for thecontagious or infectious disease unless the person consents. If the careprovider who sustained an exposure determines the identity of the persondiagnosed or confirmed as having a contagious or infectious disease, theidentity of the person shall be confidential information and shall not bedisclosed by the care provider to any other individual unless a specificwritten release obtained by the person diagnosed with or confirmed ashaving a contagious or infectious disease.
4. This section does not require or permit, unless otherwiseprovided, a hospital to administer a test for the express purpose ofdetermining the presence of a contagious or infectious disease; except thattesting may be performed if the person consents and if the requirements ofthis section are satisfied.
5. This section does not preclude a hospital from providingnotification to a care provider under circumstances in which the hospital'spolicy provides for notification of the hospital's own employees ofexposure to a contagious or infectious disease that is not life-threateningif the notice does not reveal a patient's name, unless the patientconsents.
6. A hospital participating in good faith in complying with theprovisions of this section is immune from any liability, civil or criminal,which may otherwise be incurred or imposed.
7. A hospital's duty of notification pursuant to this section is notcontinuing but is limited to diagnosis of a contagious or infectiousdisease made in the course of admission, care, and treatment following therendering of health care services to which notification pursuant to thissection applies.
8. A hospital that performs a test in compliance with this section orthat fails to perform a test authorized pursuant to this section is immunefrom any liability, civil or criminal, which may otherwise be incurred orimposed.
9. A hospital has no duty to perform the test authorized.
10. The department shall adopt rules to implement this section. Thedepartment may determine by rule the contagious or infectious diseases forwhich testing is reasonable and appropriate and which may be administeredpursuant to this section. No rule or portion of a rule promulgated underthe authority of this section shall become effective unless it has beenpromulgated pursuant to chapter 536, RSMo.
11. The employer of a care provider who sustained an exposurepursuant to this section shall pay the costs of testing for the person whois the source of the exposure and of the testing of the care provider ifthe exposure was sustained during the course of employment.
Testing for disease, consent deemed given, when--hospital to conducttesting, written policies and procedures required--notification forconfirmed exposure--limitations on testing and duties ofhospitals--rules.
191.631. 1. (1) Notwithstanding any other law to the contrary, if acare provider sustains an exposure from a person while rendering emergencyhealth care services, the person to whom the care provider was exposed isdeemed to consent to a test to determine if the person has a contagious orinfectious disease and is deemed to consent to notification of the careprovider of the results of the test, upon submission of an exposure reportby the care provider to the hospital where the person is delivered by thecare provider.
(2) The hospital where the person is delivered shall conduct thetest. The sample and test results shall only be identified by a number andshall not otherwise identify the person tested.
(3) A hospital shall have written policies and procedures fornotification of a care provider pursuant to this section. The policies andprocedures shall include designation of a representative of the careprovider to whom notification shall be provided and who shall, in turn,notify the care provider. The identity of the designated representative ofthe care provider shall not be disclosed to the person tested. Thedesignated representative shall inform the hospital of those parties whoreceive the notification, and following receipt of such information andupon request of the person tested, the hospital shall inform the person ofthe parties to whom notification was provided.
2. If a person tested is diagnosed or confirmed as having acontagious or infectious disease pursuant to this section, the hospitalshall notify the care provider or the designated representative of the careprovider who shall then notify the care provider.
3. The notification to the care provider shall advise the careprovider of possible exposure to a particular contagious or infectiousdisease and recommend that the care provider seek medical attention. Thenotification shall be provided as soon as is reasonably possible followingdetermination that the individual has a contagious or infectious disease.The notification shall not include the name of the person tested for thecontagious or infectious disease unless the person consents. If the careprovider who sustained an exposure determines the identity of the persondiagnosed or confirmed as having a contagious or infectious disease, theidentity of the person shall be confidential information and shall not bedisclosed by the care provider to any other individual unless a specificwritten release obtained by the person diagnosed with or confirmed ashaving a contagious or infectious disease.
4. This section does not require or permit, unless otherwiseprovided, a hospital to administer a test for the express purpose ofdetermining the presence of a contagious or infectious disease; except thattesting may be performed if the person consents and if the requirements ofthis section are satisfied.
5. This section does not preclude a hospital from providingnotification to a care provider under circumstances in which the hospital'spolicy provides for notification of the hospital's own employees ofexposure to a contagious or infectious disease that is not life-threateningif the notice does not reveal a patient's name, unless the patientconsents.
6. A hospital participating in good faith in complying with theprovisions of this section is immune from any liability, civil or criminal,which may otherwise be incurred or imposed.
7. A hospital's duty of notification pursuant to this section is notcontinuing but is limited to diagnosis of a contagious or infectiousdisease made in the course of admission, care, and treatment following therendering of health care services to which notification pursuant to thissection applies.
8. A hospital that performs a test in compliance with this section orthat fails to perform a test authorized pursuant to this section is immunefrom any liability, civil or criminal, which may otherwise be incurred orimposed.
9. A hospital has no duty to perform the test authorized.
10. The department shall adopt rules to implement this section. Thedepartment may determine by rule the contagious or infectious diseases forwhich testing is reasonable and appropriate and which may be administeredpursuant to this section. No rule or portion of a rule promulgated underthe authority of this section shall become effective unless it has beenpromulgated pursuant to chapter 536, RSMo.
11. The employer of a care provider who sustained an exposurepursuant to this section shall pay the costs of testing for the person whois the source of the exposure and of the testing of the care provider ifthe exposure was sustained during the course of employment.
Testing for disease, consent deemed given, when--hospital to conducttesting, written policies and procedures required--notification forconfirmed exposure--limitations on testing and duties ofhospitals--rules.
191.631. 1. (1) Notwithstanding any other law to the contrary, if acare provider sustains an exposure from a person while rendering emergencyhealth care services, the person to whom the care provider was exposed isdeemed to consent to a test to determine if the person has a contagious orinfectious disease and is deemed to consent to notification of the careprovider of the results of the test, upon submission of an exposure reportby the care provider to the hospital where the person is delivered by thecare provider.
(2) The hospital where the person is delivered shall conduct thetest. The sample and test results shall only be identified by a number andshall not otherwise identify the person tested.
(3) A hospital shall have written policies and procedures fornotification of a care provider pursuant to this section. The policies andprocedures shall include designation of a representative of the careprovider to whom notification shall be provided and who shall, in turn,notify the care provider. The identity of the designated representative ofthe care provider shall not be disclosed to the person tested. Thedesignated representative shall inform the hospital of those parties whoreceive the notification, and following receipt of such information andupon request of the person tested, the hospital shall inform the person ofthe parties to whom notification was provided.
2. If a person tested is diagnosed or confirmed as having acontagious or infectious disease pursuant to this section, the hospitalshall notify the care provider or the designated representative of the careprovider who shall then notify the care provider.
3. The notification to the care provider shall advise the careprovider of possible exposure to a particular contagious or infectiousdisease and recommend that the care provider seek medical attention. Thenotification shall be provided as soon as is reasonably possible followingdetermination that the individual has a contagious or infectious disease.The notification shall not include the name of the person tested for thecontagious or infectious disease unless the person consents. If the careprovider who sustained an exposure determines the identity of the persondiagnosed or confirmed as having a contagious or infectious disease, theidentity of the person shall be confidential information and shall not bedisclosed by the care provider to any other individual unless a specificwritten release obtained by the person diagnosed with or confirmed ashaving a contagious or infectious disease.
4. This section does not require or permit, unless otherwiseprovided, a hospital to administer a test for the express purpose ofdetermining the presence of a contagious or infectious disease; except thattesting may be performed if the person consents and if the requirements ofthis section are satisfied.
5. This section does not preclude a hospital from providingnotification to a care provider under circumstances in which the hospital'spolicy provides for notification of the hospital's own employees ofexposure to a contagious or infectious disease that is not life-threateningif the notice does not reveal a patient's name, unless the patientconsents.
6. A hospital participating in good faith in complying with theprovisions of this section is immune from any liability, civil or criminal,which may otherwise be incurred or imposed.
7. A hospital's duty of notification pursuant to this section is notcontinuing but is limited to diagnosis of a contagious or infectiousdisease made in the course of admission, care, and treatment following therendering of health care services to which notification pursuant to thissection applies.
8. A hospital that performs a test in compliance with this section orthat fails to perform a test authorized pursuant to this section is immunefrom any liability, civil or criminal, which may otherwise be incurred orimposed.
9. A hospital has no duty to perform the test authorized.
10. The department shall adopt rules to implement this section. Thedepartment may determine by rule the contagious or infectious diseases forwhich testing is reasonable and appropriate and which may be administeredpursuant to this section. No rule or portion of a rule promulgated underthe authority of this section shall become effective unless it has beenpromulgated pursuant to chapter 536, RSMo.
11. The employer of a care provider who sustained an exposurepursuant to this section shall pay the costs of testing for the person whois the source of the exposure and of the testing of the care provider ifthe exposure was sustained during the course of employment.
