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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-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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22-11A-68
Section 22-11A-68 Immunity from liability for those involved in investigation. (a) Members
and staff of the State Board of Health, the State Committee of Public Health, the Board of
Medical Examiners, the Medical Licensure Commission, the Board of Nursing, the Board of Dental
Examiners, the Board of Podiatry, physicians, hospitals, other health care facilities, and
other entities and persons required to report or furnish information under this article and
any expert review panels, consultants to any expert review panel, and agents and employees
of the Alabama Department of Public Health shall not be subject to civil or criminal liability
for making reports or furnishing any information required by this article or for actions taken
or actions not taken in the line and scope of official or required duties during their investigations,
hearings, rulings, and decisions. (b) All information collected during the investigation of
an infected health care worker is privileged and shall be...
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22-11A-67
Section 22-11A-67 Records and information necessary to assist investigation. (a) Any health
care worker found to have HBV, HIV, or HCV, or other disease designated by the State Board
of Health and any health care facility at which an infected health care worker is employed
or practices shall make available to the State Board of Health, and to the expert review panel,
any and all patient medical records and other records requested by those groups, except that
records or documents greater than three years old shall not be provided. (b) The following
persons and facilities shall provide to the State Board of Health and the expert review panel
all requested documents or records three years old or less: (1) Any person having knowledge
of a health care worker diagnosed as infected with HIV, HBV, HCV, or other disease designated
by the State Board of Health. (2) The administrator of any health facility having knowledge
of a health care worker diagnosed as infected with HIV, HBV, HCV, or other...
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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-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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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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22-50-90
Section 22-50-90 Definitions. (a) When used in this article, the following words and terms
shall have the following meanings: (1) CRIMINAL HISTORY BACKGROUND INFORMATION. Any information
collected and stored in the criminal record repository of the Federal Bureau of Investigation
(FBI) reflecting the result of an arrest, detention, or initiation of a criminal proceeding
by criminal justice agencies, including, but not limited to, arrest record information, fingerprint
cards, correctional induction and release information, identifiable descriptions, and notations
of arrests, detention, indictments, or other formal charges. The term shall not include analytical
records or investigative reports that contain criminal intelligence information or criminal
investigation information. (2) DIRECT CARE PROVIDER. A psychiatrist, medical doctor, psychologist,
social worker, community service specialist, therapist, nurse, mental health worker, foster
care provider, police officer, and any other...
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27-26-5
Section 27-26-5 Reports of judgments and settlements; confidentiality; penalty. (a) Any insurance
company which sells medical liability insurance to Alabama physicians or their professional
corporations or professional associations, or to hospitals or other health care providers
shall be required to report to the state licensing agency which issues the license of the
physician, hospital, or other health care provider any final judgment or any settlement in
or out of court resulting from a claim or action for damages for personal injuries caused
by an error, omission, or negligence in the performance of professional services with or without
consent rendered by its policyholder within 30 days after entry of a judgment in court or
agreement to settle a claim in or out of court. (b) The report rendered to the appropriate
state agency shall consist of the name of the policyholder, or if the policyholder is a professional
corporation or professional association, the name of the physician or...
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27-1-20
Section 27-1-20 Patient Right to Know Act. (a) This section shall be known and may be cited
as the "Patient Right to Know Act." (b) As used in this section, unless the context
clearly indicates otherwise, the following words shall have the following meanings: (1) ENROLLEE.
A person who purchases individual health care coverage or an employer who purchases a group
health care plan. (2) PROVIDER. A physician, dentist, podiatrist, pharmacist, optometrist,
psychologist, clinical social worker, advanced nurse practitioner, registered optician, licensed
professional counselor, physical therapist, and chiropractor. (c)(1) All persons, firms, corporations,
associations, health maintenance organizations, health insurance services, or preferred provider
organizations, any employer-sponsored health benefit plan, or any similar organization or
entity, providing health, accident, or dental insurance coverage, either directly or indirectly,
shall provide an enrollee with a written description of the...
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