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22-11A-61
Section 22-11A-61 Reporting of infected worker to State Health Officer. (a) Any health care
worker infected with HIV, HBV, HCV, or other disease designated by the State Board of Health
who performs an invasive procedure shall notify the State Health Officer, or his or her designee,
of the infection in a time and manner prescribed by the State Board of Health. (b) Any physician
providing care to an infected health care worker shall notify the State Health Officer, or
his or her designee, about the presence of the infection in the health care worker in a time
and manner prescribed by the State Board of Health. (Acts 1993, 1st Ex. Sess., No. 93-846,
p. 57, §2; Act 2015-467, §1.)...
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22-11A-38
Section 22-11A-38 Notification of third parties of disease; rules; who may be notified; liability;
confidentiality; disclosure of information for certain criminal proceedings; penalty. (a)
The State Committee of Public Health is hereby authorized to establish the rules by which
exceptions may be made to the confidentiality provisions of this article and establish rules
for notification of third parties of such disease when exposure is indicated or a threat to
the health and welfare of others. All notifications authorized by this section shall be within
the rules established pursuant to this subsection. (b) Physicians and hospital administrators
or their designee may notify pre-hospital transport agencies and emergency medical personnel
of a patient's contagious condition. In case of a death in which there was a known contagious
disease, the physician or hospital administrator or their designee may notify the funeral
home director. (c) The attending physician or the State Health Officer...
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22-11A-63
Section 22-11A-63 Investigation by State Health Officer. (a) Upon notification of the existence
of an infected health care worker, the State Health Officer shall undertake an investigation
of the practice of the health care worker. In the investigation, the State Health Officer
shall seek advice of individuals and organizations deemed necessary. The investigation shall
determine if the infected health care worker performs invasive procedures. If the health care
worker is determined not to perform invasive procedures, no review panel shall be established,
no restrictions shall be placed on his or her practice, and all information obtained in the
investigation shall be confidential as provided for in Section 22-11A-69. If the infected
health care worker is determined to perform invasive procedures, the State Health Officer
shall cause an expert review panel to be formed. To the extent possible, the review shall
be conducted so that the identity of the health care worker shall not be...
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22-8A-11
Section 22-8A-11 Surrogate; requirements; attending physician consulted, intent of patient
followed; persons who may serve as surrogate; priority; validity of decisions; liability;
form; declaratory and injunctive relief; penalties. (a) If no advance directive for health
care has been made, or if no duly appointed health care proxy is reasonably available, or
if a valid advance directive for health care fails to address a particular circumstance, subject
to the provisions of subsection (c) hereof, a surrogate, in consultation with the attending
physician, may, subject to the provisions of Section 22-8A-6, determine whether to provide,
withdraw, or withhold life-sustaining treatment or artificially provided nutrition and hydration
if all of the following conditions are met: (1) The attending physician determines, to a reasonable
degree of medical certainty, that: a. The individual is no longer able to understand, appreciate,
and direct his or her medical treatment, and b. The individual...
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22-11A-65
Section 22-11A-65 Monitoring of practice of infected health care worker. The State Health Officer
shall cause the infected health care worker's practice to be reviewed at intervals established
by the expert review panel but not less than annually. The review shall verify the compliance
with any restrictions or conditions on the infected health care worker's practice as established
pursuant to subsection (f) of Section 22-11A-63. For infected health care workers for whom
no restrictions have previously been necessary, the review shall determine if, based upon
factors identified in subsection (c) of Section 22-11A-63, restrictions are necessary. The
findings of any review shall be forwarded to the State Health Officer pursuant to Section
22-11A-63 who shall forward evidence of noncompliance with previously established restrictions
to the appropriate licensing board or to the employer of the infected health care worker if
he or she does not have a professional license. If the review...
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22-11A-72
Section 22-11A-72 Penalties. (a) It shall be grounds for revocation, suspension, or restriction
of the professional license of any licensed infected health care worker who shall be found
to perform invasive procedures and shall have failed to notify the State Health Officer as
provided in Section 22-11A-61. (b) Any physician providing care to an individual known to
the physician to be an infected health care worker who fails to report the infected health
care worker to the State Health Officer as provided in Section 22-11A-61 shall be guilty of
a Class C misdemeanor and, upon conviction, shall be punished as provided by law. (c) Any
individual who deliberately fails to provide records under his or her control or who falsifies
those records shall be guilty of a Class C misdemeanor and, upon conviction, shall be punished
as provided by law. (Acts 1993, 1st Ex. Sess., No. 93-846, p. 57, §13.)...
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22-11A-60
Section 22-11A-60 Definitions. As used in this article, the following words shall have the
following meanings: (1) HEALTH CARE FACILITY. A hospital, nursing home, ambulatory surgical
center, outpatient surgical facility, ambulance service, rescue squad, paid fire department,
volunteer fire department, or any other clinic, office, or facility in which medical, dental,
nursing, or podiatric services are offered. (2) HEALTH CARE WORKER. Physicians, dentists,
nurses, respiratory therapists, phlebotomists, surgical technicians, physician assistants,
podiatrist, dialysis technicians, emergency medical technicians, paramedics, ambulance drivers,
dental hygienists, dental assistants, students in the healing arts, or any other individual
who provides or assists in the provision of medical, dental, or nursing services. (3) HEPATITIS
B VIRUS (HBV) INFECTION. The presence of the HBV as determined by the presence of hepatitis
B(e) antigen for six months or longer or by other means as determined by...
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22-11A-69
Section 22-11A-69 Confidentiality standards; uses of information gained during investigation.
(a) The records, proceedings, deliberations, and documents related to the investigation and
review of any infected health care worker are confidential and shall be used by committees,
licensing boards of licensed health care workers, panels, and individuals only in the exercise
of their official duties and shall not be public records nor be admissible in court for any
purpose nor subject to discovery in any civil action except appeals governed by Sections 22-11A-64
and 22-11A-65 and appeals from adverse professional license determinations made pursuant to
Sections 22-11A-66 and 22-11A-72(a). Information gained during the investigation of an infected
health care worker and the decision about restriction of practice of an infected health care
worker shall be made available to the appropriate licensing board and to the employer of an
infected health care worker and may be used by the licensing...
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22-11A-73
Section 22-11A-73 Reporting requirements; knowledge of infection through application. Nothing
in this article is intended to impose any reporting requirements on life, health, or disability
income insurers who learn that an applicant or insured is infected with HIV, HBV, HCV, or
other disease designated by the State Board of Health solely through the application, underwriting,
or claims processes, which insurer may have no means of knowing or verifying that a particular
applicant or insured is a health care worker within the meaning of this article. (Acts 1993,
1st Ex. Sess., No. 93-846, p. 57, §14; Act 2015-467, §1.)...
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22-11A-62
Section 22-11A-62 Performing invasive procedures. No health care worker having knowledge that
he or she is infected with HIV, HBV, HCV, or other disease designated by the State Board of
Health shall perform or assist in the performance of an invasive procedure unless and until
he or she has notified the State Health Officer, as provided in Section 22-11A-61, and agrees
to cooperate with any investigation authorized in Section 22-11A-63 and any necessary practice
modifications. (Acts 1993, 1st Ex. Sess., No. 93-846, p. 57, §3; Acts 1995, No. 95-255, p.
427, §1; Act 2015-467, §1.)...
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