Utah Admin. Code R612-300-13 - HIV, Hepatitis B and C Testing and Reporting for Emergency Medical Service Providers
A. Purpose and
Authority. This rule, established pursuant to U.C.A. Section
78B-8-404,
establishes procedures for testing and reporting following a significant
exposure of an emergency medical services provider to infectious
diseases.
B. Definitions. In
addition to the terms defined in Section
78B-8-401, the
following definitions apply for purposes of this rule.
1. Contact means designated person(s) within
the emergency medical services agency or the employer of the emergency medical
services provider.
2. Emergency
medical services (EMS) agency means an agency, entity, or organization that
employs or utilizes emergency medical services providers as defined in (4) as
employees or volunteers.
3. Source
Patient means any individual cared for by a pre-hospital emergency medical
services provider, including but not limited to victims of accidents or injury,
deceased persons, prisoners or persons in the custody of the Department of
Corrections, a county correctional facility, or a public law enforcement
entity.
4. Receiving facility means
a hospital, health care or other facility where the patient is delivered by the
emergency medical services provider for care.
C. Emergency Medical Services Provider
Responsibility.
1. The EMS provider shall
document and report all significant exposures to the receiving facility and
contact as defined in C.2.
2. The
reporting process is as follows:
a. The
exposed EMS provider shall complete the Exposure Report Form (ERF) at the time
the patient is delivered to the receiving facility and provide a copy to the
person at the receiving facility authorized by the facility to receive the
form. In the event the exposed EMS provider does not accompany the source
patient to the receiving facility, he/she may report the exposure incident,
with information requested on the ERF, by telephone to a person authorized by
the facility to receive the form. In this event, the exposed EMS provider shall
nevertheless submit a written copy of the ERF within three days to an
authorized person of the receiving facility.
b. The exposed EMS provider shall, within
three days of the incident, submit a copy of the ERF to the contact as defined
in C.2.
D.
Receiving Facility Responsibility.
1. The
receiving facility shall establish a system to receive ERFs as well as
telephoned reports from exposed EMS providers on a 24-hour per day basis. The
facility shall also have available or on call, trained pre-test counselors for
the purpose of obtaining consent and counseling of source patients when HIV
testing has been requested by EMS providers. The receiving facility shall
contact the source patient prior to release from the facility to provide the
individual with counseling or, if unable to provide counseling, provide the
source patient with phone numbers for a trained counselor to provide the
counseling within 24 hours.
2. Upon
notification of exposure, the receiving facility shall request permission from
the source patient to draw a blood sample for disease testing. In conjunction
with this request, the source patient must be advised of his/her right to
refuse testing and be advised that if he/she refuses to be tested that fact
will be forwarded to the EMS agency or employer of EMS provider. The source
patient shall also be advised that if he/she refuses to be tested, the EMS
agency or provider may seek a court order to compel the source patient to
submit to a blood draw for the disease testing.
Testing is authorized only when the source patient, his/her next of kin or legal guardian consents to testing, with the exception that consent is not required from an individual who has been convicted of a crime and is in the custody or under the jurisdiction of the Department of Corrections, a county correctional facility, a public law enforcement entity, or if the source patient is dead. If consent is denied, the receiving facility shall complete the ERF and send it to the EMS agency or employer of the EMS provider. If consent is received, the receiving facility shall draw a sample of the source patient's blood and send it, along with the ERF, to a qualified laboratory for testing.
3.
The laboratory that the receiving facility has sent source patient's blood draw
to shall send the disease test results, by Case ID number, to the EMS agency or
employer of the EMS provider.
F. EMS Agency/Employer Responsibility:
1. The EMS agency/employer, upon receipt of
the disease tests, from the receiving facility laboratory, shall immediately
report the result, by case number, not name, to the exposed EMS
provider.
2. The EMS
agency/employer, upon the receipt of refusal of testing by the source, shall
report that refusal to the EMS provider.
3. The agency/employer or its insurance
carrier shall pay for the EMS provider and the source patient testing for the
covered diseases per the Labor Commission fee schedule.
4. The EMS agency/employer shall maintain the
records of any disease exposures contained in this rule per the OSHA Blood
Borne Pathogen standards.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.