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42 U.S.C. § 300ff–133Request for notification with respect to victims assisted

submitted 82 years ago by Pub. L. 111-87 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,137 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets an emergency responder ask if a patient exposed them to an infectious disease. It sets steps for the responder's officer, the medical facility, and a public health officer to follow.

(a) Initiation of process by employee If an emergency response employee thinks they might have caught an infectious disease from a victim they treated, helped, or transported to a medical facility, the employee can ask their designated officer to look into it. The officer must then follow the steps in subsection (b). (b) Initial determination by designated officer The officer must: (1) gather the facts about how the employee might have been exposed; and (2) decide, using the disease list and guidelines from section 300ff–131(a), whether the employee would have been exposed if the victim had one of the listed diseases. (c) Submission of request to medical facility (1) If the officer decides exposure was possible, the officer must send the medical facility that treated the victim a written request for a response. (2) That request must be signed by the officer and describe the facts gathered under subsection (b)(1). (d) Evaluation and response regarding request to medical facility (1) The facility must evaluate the request using its own medical information about the victim and decide, using the same list and guidelines, whether the employee was exposed to a listed disease. (2) If the facility finds exposure happened, it must notify the officer in writing. (3) If it finds no exposure, it must inform the officer in writing of that too. (4)(A) If the facts given aren't enough to decide, the facility must tell the officer in writing that the facts are insufficient. (B)(i) If the facility has no information at all about whether the victim had a listed disease, it must tell the officer that in writing. (ii) If the facility later learns the victim did have the disease, it must then make the full determination and respond as this subsection requires. (e) Time for making response After getting a request, including one resubmitted under subsection (g)(2), the facility must respond as soon as practical, and no later than 48 hours after receiving it. (f) Death of victim of emergency (1) If the victim died at or before reaching the facility, and that facility gets a request under subsection (c), it must forward the request to whichever facility determined the cause of death, if that's a different facility. (2) Once that facility gets the forwarded request, it has the same duties as if it had received the original request. (g) Assistance of public health officer (1)(A) If a facility said the facts were insufficient, the local public health officer must evaluate the request and response, but only if the designated officer submits both documents and asks for the evaluation. (B) The public health officer must finish that evaluation and tell the designated officer the result as soon as practical, and no later than 48 hours after getting the request. (2)(A) If the evaluation finds the original facts actually were enough, the public health officer must resubmit the request to the facility on the officer's behalf, and the facility must then give the proper response. (B) If the evaluation finds the facts really were insufficient, the public health officer must advise the designated officer on how to gather better facts; then, once enough facts are collected, the public health officer resubmits the request, and the facility must respond.
the actual law source: uscode.house.gov ↗public domain
(a) Initiation of process by employee

If an emergency response employee believes that the employee may have been exposed to an infectious disease by a victim of an emergency who was transported to a medical facility as a result of the emergency, and if the employee attended, treated, assisted, or transported the victim pursuant to the emergency, then the designated officer of the employee shall, upon the request of the employee, carry out the duties described in subsection (b) regarding a determination of whether the employee may have been exposed to an infectious disease by the victim.

(b) Initial determination by designated officer

The duties referred to in subsection (a) are that—

(1)

the designated officer involved collect the facts relating to the circumstances under which, for purposes of subsection (a), the employee involved may have been exposed to an infectious disease; and

(2)

the designated officer evaluate such facts and make a determination of whether, if the victim involved had any infectious disease included on the list issued under paragraph (1) of section 300ff–131(a) of this title, the employee would have been exposed to the disease under such facts, as indicated by the guidelines issued under paragraph (2) of such section.

(c) Submission of request to medical facility
(1) In general

If a designated officer makes a determination under subsection (b)(2) that an emergency response employee may have been exposed to an infectious disease, the designated officer shall submit to the medical facility to which the victim involved was transported a request for a response under subsection (d) regarding the victim of the emergency involved.

(2) Form of request

A request under paragraph (1) shall be in writing and be signed by the designated officer involved, and shall contain a statement of the facts collected pursuant to subsection (b)(1).

(d) Evaluation and response regarding request to medical facility
(1) In general

If a medical facility receives a request under subsection (c), the medical facility shall evaluate the facts submitted in the request and make a determination of whether, on the basis of the medical information possessed by the facility regarding the victim involved, the emergency response employee was exposed to an infectious disease included on the list issued under paragraph (1) of section 300ff–131(a) of this title, as indicated by the guidelines issued under paragraph (2) of such section.

(2) Notification of exposure

If a medical facility makes a determination under paragraph (1) that the emergency response employee involved has been exposed to an infectious disease, the medical facility shall, in writing, notify the designated officer who submitted the request under subsection (c) of the determination.

(3) Finding of no exposure

If a medical facility makes a determination under paragraph (1) that the emergency response employee involved has not been exposed to an infectious disease, the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) of the determination.

(4) Insufficient information
(A)

If a medical facility finds in evaluating facts for purposes of paragraph (1) that the facts are insufficient to make the determination described in such paragraph, the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) of the insufficiency of the facts.

(B)
(i)

If a medical facility finds in making a determination under paragraph (1) that the facility possesses no information on whether the victim involved has an infectious disease included on the list under section 300ff–131(a) of this title, the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) of the insufficiency of such medical information.

(ii)

If after making a response under clause (i) a medical facility determines that the victim involved has an infectious disease, the medical facility shall make the determination described in paragraph (1) and provide the applicable response specified in this subsection.

(e) Time for making response

After receiving a request under subsection (c) (including any such request resubmitted under subsection (g)(2)), a medical facility shall make the applicable response specified in subsection (d) as soon as is practicable, but not later than 48 hours after receiving the request.

(f) Death of victim of emergency
(1) Facility ascertaining cause of death

If a victim described in subsection (a) dies at or before reaching the medical facility involved, and the medical facility receives a request under subsection (c), the medical facility shall provide a copy of the request to the medical facility ascertaining the cause of death of the victim, if such facility is a different medical facility than the facility that received the original request.

(2) Responsibility of facility

Upon the receipt of a copy of a request for purposes of paragraph (1), the duties otherwise established in this part regarding medical facilities shall apply to the medical facility ascertaining the cause of death of the victim in the same manner and to the same extent as such duties apply to the medical facility originally receiving the request.

(g) Assistance of public health officer
(1) Evaluation of response of medical facility regarding insufficient facts
(A)

In the case of a request under subsection (c) to which a medical facility has made the response specified in subsection (d)(4)(A) regarding the insufficiency of facts, the public health officer for the community in which the medical facility is located shall evaluate the request and the response, if the designated officer involved submits such documents to the officer with the request that the officer make such an evaluation.

(B)

As soon as is practicable after a public health officer receives a request under subparagraph (A), but not later than 48 hours after receipt of the request, the public health officer shall complete the evaluation required in such paragraph and inform the designated officer of the results of the evaluation.

(2) Findings of evaluation
(A)

If an evaluation under paragraph (1)(A) indicates that the facts provided to the medical facility pursuant to subsection (c) were sufficient for purposes of determinations under subsection (d)(1)—

(i)

the public health officer shall, on behalf of the designated officer involved, resubmit the request to the medical facility; and

(ii)

the medical facility shall provide to the designated officer the applicable response specified in subsection (d).

(B)

If an evaluation under paragraph (1)(A) indicates that the facts provided in the request to the medical facility were insufficient for purposes of determinations specified in subsection (c)—

(i)

the public health officer shall provide advice to the designated officer regarding the collection and description of appropriate facts; and

(ii)

if sufficient facts are obtained by the designated officer—

(I)

the public health officer shall, on behalf of the designated officer involved, resubmit the request to the medical facility; and

(II)

the medical facility shall provide to the designated officer the appropriate response under subsection (c).

Source credit: (July 1, 1944, ch. 373, title XXVI, § 2695B, as added Pub. L. 111–87, § 13, Oct. 30, 2009, 123 Stat. 2898.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 111-87 · 123 Stat. 2898

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-87 on 1944-07-01.

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