CHAPTER 415

FORMERLY

HOUSE BILL NO. 408

ENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 16, DELAWARE CODE, RELATING TO NOTIFICATION OF FIRE FIGHTERS, AMBULANCE ATTENDANTS, EMERGENCY MEDICAL TECHNICIANS, CORRECTIONAL OFFICERS, LAW ENFORCEMENT OFFICERS, AND OTHER PERSONNEL OF EXPOSURE TO CONTAGIOUS OR INFECTIOUS DISEASE OR VIRUS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 16, Delaware Code, by adding thereto a new Chapter to be designated as Chapter 12A, to read as follows:

"CHAPTER 12A. NOTIFICATION OF EMERGENCY MEDICAL PROVIDERS OF
PERSONS WITH COMMUNICABLE DISEASES

§1201A. Definitions

As used in this Chapter:

d. 'Emergency medical care provider' means a fire fighter, law enforcement officer, paramedic, emergency medical technician, or other person who serves as employees or volunteers of an ambulance service and/or provide pre—hospital emergency medical services.

e. 'Emergency medical service facility' means a licensed hospital or freestanding medical care facility that receives patients cared for by emergency services personnel.

f. 'Receiving medical facility' means a hospital or similar facility that receives a patient attended by an emergency medical care provider for the purposes of continued medical care.

g. 'Division' means Division of Public Health, Department of Health and Social Services.

h. 'Communicable Disease' means human immunodeficiency virus, (HIV, the virus that causes AIDS), and hepatitis B.

d. 'Universal Precautions' means those precautions, including the
appropriate use of hand washing, protective barriers, and care in the use and disposal of needles and other sharp instruments that minimize the risk of transmission of communicable diseases between patients and health care providers.

§1202A. Report of Exposed Emergency_Medical Provider

(2) An emergency medical care provider may request notification concerning exposure to a communicable disease under this section if the exposure is of a manner known to transmit a communicable disease.

(1) If an emergency medical care provider desires to be notified under this section the emergency medical care provider shall notify the receiving medical facility within 24 hours after the patient is admitted to or treated by the facility on a form that is prescribed or approved by the State Board of Health.

(1) The emergency medical care provider shall designate on the form required by §1202A(2) of this Chapter to whom notification should be made including the option that notification be made either to the emergency medical care provider directly or to a designated physician.

(1) The emergency medical care provider shall distribute a copy of the completed form to the receiving medical facility.

§1203A. Notification of Infection wither Communicable Disease

(1) Each receiving medical facility shall designate an office or

individual who shall receive completed forms as specified by §1202A(2) of this Chapter and who shall insure compliance with the requirements of this section.

(2) The receiving medical facility shall notify only the person

designated pursuant to §1202A(3) of this Chapter when:

(I) within 10 days after a patient is admitted or treated by the receiving medical facility, the facility obtains information from the patient's records or a finding at the facility indicates that the patient is infected with a communicable disease; and

(4) the emergency medical care provider has complied with §1202A of this Chapter; and

(5) the information as described on the completed form required by §1202A(2) of this Chapter suggests that the exposure was of a manner known to transmit the communicable disease with which the patient is infected.

(3) the notification required by §1203A(2) of this Chapter shall be made within 96 hours after the receiving medical facility determines that a patient is infected with a communicable disease.

(4) The receiving medical facility, or other persons designated by the emergency medical care provider on the form completed pursuant to §1202A(2) of this Chapter and §1202A(3) of this Chapter, shall provide the emergency medical care provider with (1) an explanation about the communicable disease; (2) information about post—exposure treatment which may be appropriate; (3) information about the mode of transmission, and preventive measures which can be taken to reduce the likelihood of transmission to others; and (4) information on associated counseling.

(5) The receiving medical facility shall provide to the Division a

copy of each form completed pursuant to §1202A(2) of this Chapter which shall include information about whether or not the patient is infected with a communicable disease, and if exposure to the patient is considered by the receiving medical facility to be in a manner known to transmit that communicable disease.

§1204A. Universal Precautions

In recognition of the importance of universal precautions to the control of communicable diseases from a patient to an emergency medical care provider, education and training with respect to universal precautions shall be a mandatory component of any required training and any required continuing education for all emergency medical care providers who have patient contact. Training requirements for this purpose shall be established by the State Board of Health.

§1205A. Rules and Regulations

The State Board of Health shall make such rules and regulations as may in its judgment be necessary to carry out the provisions of this section, and may make additions of other communicable diseases which shall be subject to this Chapter.

§1206A. Confidentiality of HIV Test Results

A person who has knowledge of the identity of any person upon whom an HIV related test is performed, or the results of such test, in accordance with this Chapter shall maintain the confidentiality of that information pursuant to 16 Del. C. 1203.

§1207A. Liability of Receiving Medical Facility: Breach of Confidentiality

A receiving medical care facility acting in good faith to provide notification in accordance with this Chapter shall not be liable in any cause of action related to the breach of patient confidentiality.

§1208A. Failure to Provide Notice

(5) A receiving medical care facility acting in good notification in accordance with this Chapter shall not cause of action for: faith to provide be liable in any The failure to give the required notice if the emergency
medical care provider fails to properly initiate the notification procedures pursuant to §1202A of this Chapter; or

(11) The failure of the person or facility designated pursuant to §1202A(3) of this Chapter to subsequently notify the emergency medical care provider of the possible exposure."

Section 2.. Amend §1203(a), Title 16, Delaware Code, by adding thereto a new paragraph as follows:

"(11) Pursuant to Chapter 12A of this Title as it relates to

notification of emergency medical care providers."

Approved July 20, 1992.