
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300ff-83]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
            SUBCHAPTER XXIV--HIV HEALTH CARE SERVICES PROGRAM
 
                  Part E--Emergency Response Employees
 
  subpart ii--notifications of possible exposure to infectious diseases
 
Sec. 300ff-83. Request for notifications with respect to victims 
        assisted
        

(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) of this section 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) of this section are that--
        (1) the designated officer involved collect the facts relating 
    to the circumstances under which, for purposes of subsection (a) of 
    this section, 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-81(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) of this section 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) of this 
    section 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) of this section.

(d) Evaluation and response regarding request to medical facility

                           (1) In general

        If a medical facility receives a request under subsection (c) of 
    this section, 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-81(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 this section 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 this section 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 this section 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-81(a) of this title, the medical 
    facility shall, in writing, inform the designated officer who 
    submitted the request under subsection (c) of this section 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) of this section 
(including any such request resubmitted under subsection (g)(2) of this 
section), a medical facility shall make the applicable response 
specified in subsection (d) of this section 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) of this section dies at 
    or before reaching the medical facility involved, and the medical 
    facility receives a request under subsection (c) of this section, 
    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 subpart 
    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) of this 
    section to which a medical facility has made the response specified 
    in subsection (d)(4)(A) of this section 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 paragraph (1), 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) of 
    this section were sufficient for purposes of determinations under 
    subsection (d)(1) of this section--
            (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) of 
        this section.

        (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) of this section--
            (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) of this section.

(July 1, 1944, ch. 373, title XXVI, Sec. 2683, as added Pub. L. 101-381, 
title IV, Sec. 411(a), Aug. 18, 1990, 104 Stat. 624.)

                  Section Referred to in Other Sections

    This section is referred to in sections 300ff-81, 300ff-84, 300ff-
85, 300ff-87 of this title.
