Print Friendly HOUSE BILL NO. 61 – HIV/Hepatitis B, exposure, notice
HOUSE BILL NO. 61
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H0061........................................................by MR. SPEAKER
Requested by Department of Health and Welfare
HIV/HEPATITIS B - EXPOSURE - Amends existing law to remove a requirement
that the Department of Health and Welfare inform emergency or medical
service providers of exposure to HIV or Hepatitis B if they have had a
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Health/Wel
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 61
BY MR. SPEAKER
Requested by: Department of Health and Welfare
1 AN ACT
2 RELATING TO DISCLOSURE OF HIV AND HBV REPORTING INFORMATION; AMENDING SECTION
3 39-610, IDAHO CODE, TO STRIKE A REQUIREMENT FOR NOTIFICATION OF EMERGENCY
4 AND MEDICAL PERSONNEL.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 39-610, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 39-610. DISCLOSURE OF HIV AND HBV REPORTING INFORMATION. (1) Confidential
9 public health record as described in section 39-606, Idaho Code, shall be sub-
10 ject to disclosure according to chapter 3, title 9, Idaho Code, shall not be
11 discoverable, and shall not be compelled to be produced in any civil or admin-
12 istrative hearing.
13 (2) State or local health authorities may contact and advise those per-
14 sons who, in the judgment of health authorities, have been exposed to the HIV
15 (human immunodeficiency virus) or hepatitis B (HBV) infections.
16 (3) The department of health and welfare shall, in a manner estab-
17 lished by rules and regulations, accept from persons involved in providing
18 emergency or medical services reports of significant exposures to the blood or
19 body fluids of a patient or deceased person. The department of health and wel-
20 fare shall promulgate rules and regulations defining the term "significant
21 exposure" as used in this section. Upon receipt of a report made pursuant to
22 section 39-602, Idaho Code, confirming the presence of HIV or HBV virus in a
23 patient or a deceased person, the director of the department of health and
24 welfare, or his designee, shall immediately contact and advise any and all
25 persons who, on the basis of information then or thereafter reported to the
26 department, have had a significant exposure to the blood or body fluids of
27 that infected patient or deceased person. The significantly exposed person
28 shall be informed only that he may have been exposed to HIV or HBV, as the
29 case may be, and thereafter advised of whatever prophylactic and testing pro-
30 cedures are appropriate. The significantly exposed person shall not be
31 informed of the name of the infected patient or deceased person. Additionally,
32 the department of health and welfare shall, to the greatest extent consistent
33 with public health requirements, maintain the confidentiality of the identity
34 of the significantly exposed person.
35 (4) Public health authorities may disclose personally identifying
36 information in public health records, as described in section 39-606, Idaho
37 Code, to other local or state public health agencies when the confidential
38 information is necessary to carry out the duties of the agency in the investi-
39 gation, control and surveillance of disease, as determined by the state board
40 of health and welfare, or as otherwise authorized by law.
41 ( 5 4 ) Nothing in this chapter imposes liability
42 or criminal sanction for disclosure or nondisclosure of the results of a blood
43 test to detect HIV or HBV virus in accordance with any reporting requirements
1 of the department of health and welfare.
STATEMENT OF PURPOSE
The repeal of 39-610(3), Idaho Code will remove a requirement that
the Department of Health and Welfare inform emergency or medical
service providers of exposure to HIV or Hepatitis B if they had a
significant exposure in responding to an infected patient. Current
recommendations for prophylactic treatment suggest initiating
treatment within 2 hours of exposure.
The process the Department must use to verify exposure, assure
confidentiality, and provide information to the potentially exposed
individual may extend beyond the 2-hour time frame. Additionally,
the lack of information on Hepatitis or HIV status of a patient is
not a basis for withholding prophylactic treatment. Thus,
information the Department can provide only verifies the need for
prophylaxis, but adds nothing to the decision-making process
regarding exposure to a patient on which there is no record.
Staff time associated with verifying the claimed exposure,
researching the records and reporting results (15 minutes - 2
hours, depending on circumstances) would be saved. From 1991 to
1998 there have been between 27 and 116 requests, of which 13 to 33
were actually reviewed; others were excluded because they didn't
meet criteria. Conservatively, 3.25 to 66 man hours per year would
be saved by eliminating this requirement.
Name: Dick Schultz
Agency: Department of Health and Welfare
Statement of Purpose/Fiscal Impact H 6