3701.248.
Emergency medical or funeral services worker exposed to contagious or infectious disease may request notice of test results
| (A) |
As used in this section:
| (1) |
"Contagious or infectious disease" means a disease specified
in rules
adopted by the director of health pursuant to division (F) of this
section. |
| (2) |
"Patient" means either of the following:
| (a) |
A
person, whether alive or dead, who has been treated, or handled, or transported
for medical care by an emergency medical services worker; |
| (b) |
A
deceased person whose body is handled by a funeral services
worker. |
|
| (3) |
"Significant exposure" means:
| (a) |
A
percutaneous or mucous membrane exposure of an individual to the blood, semen,
vaginal secretions, or spinal, synovial, pleural, peritoneal, pericardial, or
amniotic fluid of another person; |
| (b) |
Exposure to a contagious or infectious disease. |
|
| (4) |
"Funeral services worker" means a person licensed as a funeral director or
embalmer under Chapter 4717. of the Revised Code or an individual responsible
for the direct final disposition of a deceased person. |
|
| (B) |
| (1) |
An
emergency medical services worker or funeral services worker who believes that
significant exposure has occurred through the worker's contact with a patient
may submit to the health care facility or coroner that received the patient a
written request to be notified of the results of any test performed on the
patient to determine the presence of a contagious or infectious disease. The
request shall include:
| (a) |
The
name, address, and telephone number of the individual submitting the
request; |
| (b) |
The
name of the individual's employer, or, in the case of a volunteer emergency
medical services worker, the entity for which the worker volunteers, and the
individual's supervisor; |
| (c) |
The
date, time, location, and manner of the exposure. |
|
| (2) |
The request for notification that is submitted by
an emergency medical services worker pursuant to division (B)(1) of this
section is valid for ten days after it is made. If at the end of that ten-day
period no test has been performed to determine the presence of a contagious or
infectious disease, no diagnosis has been made, or the result of the test is
negative, the health care facility or coroner shall notify the emergency
medical services worker. The notification shall not include the name of the
patient. If necessary, the request may be renewed in accordance with the same
procedures and requirements as the original request. |
| (3) |
A health care facility or coroner shall respond
immediately to a request for notification submitted pursuant to division (B)(1)
of this section by a funeral services worker. If no test has been performed to
determine the presence of a contagious or infectious disease, no diagnosis has
been made, or the result of a test that was performed is negative, the health
care facility or coroner shall immediately notify the funeral services worker.
The notification shall not include the name of the patient.
On receipt of
notification that no test has been performed to determine the presence of a
contagious or infectious disease in a patient, the funeral services worker may
have a test performed on the patient. The test shall be performed in accordance
with rules adopted by the department of health pursuant to division (G) of this
section.
The consent of the
patient's family is not required for performance of a test pursuant to division
(B)(3) of this section.
|
|
| (C) |
The health care facility or coroner that receives
a written request for notification shall give an oral notification of the
presence of a contagious or infectious disease, or of a confirmed positive test
result, if known, to the person who made the request and the person's
supervisor and to the infection control committee or other body described in
division (E)(6) of section
3701.242 of the Revised Code
within two days after determining the presence of a contagious or infectious
disease or after a confirmed positive test result. A written notification shall
follow oral notification within three days. If a contagious or infectious
disease is present, or the test results are confirmed positive, both the oral
and written notification shall include the name of the disease, its signs and
symptoms, the date of exposure, the incubation period, the mode of transmission
of the disease, the medical precautions necessary to prevent transmission to
other persons, and the appropriate prophylaxis, treatment, and counseling for
the disease. The notification shall not include the name of the patient.
If the request is
made by an emergency medical services worker and the information is not
available from the health care facility to which the request is made because
the patient has been transferred from that health care facility, the facility
shall assist the emergency medical services worker in locating the patient and
securing the requested information from the health care facility that treated
or is treating the patient. If the patient has died, the health care facility
shall give the emergency medical services worker the name and address of the
coroner who received the patient.
|
| (D) |
Each health care facility and coroner shall
develop written procedures to implement the notification procedures required by
this section. A health care facility or coroner may take measures in addition
to those required in this section to notify emergency medical services workers
and funeral services workers of possible exposure to a contagious or infectious
disease as long as the confidentiality of the information is
maintained. |
| (E) |
No person shall knowingly fail to comply with
division (C) of this section. |
| (F) |
The director of
health shall adopt rules in
accordance with Chapter 119. of the Revised Code that specify the diseases that
are reasonably likely to be transmitted by air or blood during the normal
course of duties performed by an emergency medical services worker or funeral
services worker. In adopting such rules, the director
shall consider the types of contact that typically occur between patients and
emergency medical services workers and funeral services workers. |
| (G) |
The department of health shall adopt rules in
accordance with Chapter 119. of the Revised Code specifying the procedures a
funeral services worker must follow when having a test performed on a patient
pursuant to division (B)(3) of this section. The rules shall specify how and by
whom the test is to be performed. The rules shall require the funeral services
worker or the funeral services worker's employer to pay the cost of the test.
No health care facility shall be required to perform the test. |
Cite as (Casemaker) R.C.
§ 3701.248
History. Amended by
129th General AssemblyFile No.127, HB 487,
§101.01, eff.
9/10/2012.
Effective Date: 11-24-1995
.