CHAPTER 108

FORMERLY

HOUSE BILL NO. 292

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 §1201A, Chapter 12A, Title 16 of the Delaware Code by adding the words ", correctional officer, ambulance attendant" immediately after the word "technicians" as the same appears in subsection (1).

Section 2. Amend §1201A, Chapter 12A, Title 16 of the Delaware Code by striking subsection (2) in its entirety; and by re-numbering each succeeding subsection accordingly.

Section 3. Amend §1202A, Chapter 12A, Title 16 of the Delaware Code by striking subsections (b), (c) and (d), each in its entirety; and by substituting in lieu thereof the following:

"(b) Each employer of an emergency medical care provider, and every organization which supervises volunteer emergency medical care providers, shall designate an officer who shall receive requests for notification from emergency medical care providers; collect facts relating to the circumstances under which the emergency medical provider may have been exposed to a communicable disease; distribute the forms as specified by Section 1202A(c) to receiving medical facilities; report to the emergency medical care provider findings provided by the receiving medical facility; and assist the emergency care provider to take medically appropriate action when necessary. The designated officer shall delegate these duties as may be necessary to ensure compliance with this Chapter.

(c) If an emergency medical care provider desires to be notified under this Chapter, the officer designated pursuant to Section 1202A(b) shall notify the receiving medical facility within 24 hours after the patient is admitted to or treated by the facility, utilizing a form that is prescribed or approved by the State Board of Health."

Section 4. Amend §1203A, Chapter 12A, Title 16 of the Delaware Code by striking said section in its entirety, and substituting in lieu thereof the following:

"§1203A. Notification_by_a_Receiving Medical facility

(a) Each receiving medical facility shall designate an office or individual who shall receive completed forms as specified by Section 1202A(c), and who shall insure compliance with the requirements of this section.

(b) If, within 30 days after a patient is admitted or treated, a receiving medical care facility determines whether or not the emergency medical care provider has been exposed to a communicable disease, the receiving medical facility shall so notify the officer designated pursuant to Section 1202A(b) as soon as possible, but in no rase more than 48 hours after that determination. The receiving medical facility shall base this determination
upon information provided in the request for notification made pursuant to Section 1202A(c) and patient records or a finding at the facility.

(c) If, after expiration of the 30-day period, the receiving medical facility cannot determine whether or not-the emergency medical care provider has been exposed to a communicable disease, the receiving medical facility shall notify the officer designated pursuant to Section 1202A(b) as soon as possible, but not more than 48 hours after expiration of the 30-day period.

(d) If a request for notification has been made pursuant to Section 1202A(c), the receiving medical facility shall provide to the Division a copy of the form 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. The Division shall settle any disputes regarding whether or not an emergency medical care provider has or has not been exposed to a communicable disease."

Section 5. Amend §1205A, Chapter 12A, Title 16 of the Delaware Code by adding thereto a new paragraph, which shall read as follows:

The Board of Health may issue regulations necessary to ensure compliance with this Chapter relating to patients who are transferred between institutions, or who may die during or shortly after being transferred. The Board of Health shall require emergency medical care facilities to notify the officer designated pursuant to Section 1202A(b) when an emergency care provider has been exposed to a communicable disease identified by the Board of Health to be transmitted through the air, even if a request for notification has not been made pursuant to Section 1202A(c)."

Section 6. Amend §1207A, Chapter 12A, Title 16 of the Delaware Code by striking said section in its entirety, and substituting in lieu thereof the following:

"§1207A. Confidentiality

All information contained in requests for notification and in the notification itself shall be confidential and used solely for the purposes of complying with this Chapter. However, any person or agency, including but not limited to a receiving medical care facility or officer designated pursuant to Section 1202A(b), 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."

Section 7. Amend §1208A, Chapter 12A, Title 16 of the Delaware Code by striking said section in its entirety, and substituting in lieu thereof the following:

"§1208A Failure to ,provide notice

A receiving medical care facility or officer designated pursuant to Section 1202A(b), acting in good faith to provide notification in accordance with this Chapter, shall not be liable in any cause of action for failure to give the required notice if the emergency medical care provider fails to properly initiate the notification procedures pursuant to Section 1202A of this title."

Section 8. Amend Chapter 12A, Part II, Title 16 of the Delaware Code by adding thereto a new section, designated as §1209A; which new section shall read as follows:

"§1209A. Minors

The provisions of this Chapter shall apply in the same manner and to the same extent to any emergency medical care provider who is a minor and above the age of 15, as if such minor were 21 years or older."

Approved July 8, 1993.