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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, ยง13.)...
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22-18-6
Section 22-18-6 Violations; good Samaritan provisions; scope of privilege; control of emergency
scene; penalties. (a) It shall be a Class A misdemeanor for any person, firm, company, corporation,
organization, facility, or agency to do any of the following: (1) Deliberately hinder, obstruct,
or interfere with an officer, inspector, or duly authorized agent of the board while in the
performance of official duties. (2) Deliberately hinder, obstruct, or interfere with any physician,
licensed nurse, licensed EMSP, or emergency personnel exempt from licensure under this article
while that individual is providing emergency care to a third person or while that individual
is assisting at the scene of an emergency, directing traffic at the scene of an emergency,
or managing or helping to manage the scene of an emergency. (3) Violate subsection (c) or
(d). (4) Offer, provide, or perform, without a license or certificate to do so, an emergency
medical service or other function which, under this...
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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-64
Section 22-11A-64 Appeal process. (a) Any health care worker who has appealed the State Health
Officer's final order to the State Committee of Public Health and who is aggrieved by the
outcome may appeal that decision by filing a notice of appeal in the circuit court of his
or her county of residence or in the Circuit Court of Montgomery County within 30 days of
the issuance of the final decision of the State Committee of Public Health. (b) The health
care worker may be represented by counsel or may participate in proceedings in the court on
his or her own behalf. If the health care worker elects to represent himself or herself, the
pleadings, documents, and evidence filed with the court shall be liberally construed to do
substantial justice. The court shall provide assistance to the health care worker in preparing
and filing the notice of appeal and shall take those steps that are necessary to keep the
health care worker's identity confidential. The assistance may be provided by court...
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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-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-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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22-8A-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-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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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
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