The
Ryan White CARE Act, Subtitle B contains provisions for the
notification of emergency response personnel exposed to infectious
diseases while attending, treating, assisting, or transporting a
victim. The law provides for emergency response employee notification
following a documented exposure to blood or body fluids, verified by
the receiving hospital. It also provides for automatic notification of
the emergency response employee if the transported patient is found to
have infectious tuberculosis. This notification by the medical facility
must be made to the designated officer in writing as soon as possible,
but within a period not exceeding 48 hours after the receipt of the
request by the designated officer. The designated officer will then
inform the employee or employees involved of the determination. The
guidelines include the infectious diseases covered and their mode of
transmission. These diseases are only those which are life-threatening
by carrying a substantial risk of death if acquired by a healthy,
susceptible host, and the disease can be transmitted from person to
person.
The diseases covered by the exposure notification guidelines as listed in Part II are:
Infectious pulmonary tuberculosis
Hemorrhagic fevers
Hepatitis B
Meningococcal disease
HIV, including AIDS
Plague
Diphtheria
Rabies
The
guidelines detail the manner in which medical facilities must determine
whether emergency personnel were exposed to an infectious disease. If
an emergency response employee believes he or she was exposed to blood
or blood products of a patient during the performance of normal job
duties, the designated officer must investigate the incident. If the
designated officer determines through investigation an exposure was
sustained then a signed written request can be submitted to the
receiving hospital for notification of the patient’s infectious status.
This must be performed within 48 hours. The designated officer must
provide all collected information regarding the exposure to the medical
facility. It is ultimately the receiving medical facility’s
responsibility to verify and establish the possibility of an exposure
to the emergency response employee. If the medical facility has found
insufficient evidence exists to determine an exposure, they must notify
the designated officer in writing within 48 hours. The designated
officer may further pursue the determination of an exposure through a
request of the public health officer in the community. If warranted,
the public health officer may resubmit the request to the medical
facility. This act does not authorize or require a medical facility to
test any such victim for any infectious disease, nor can this act be
construed to authorize any emergency response employee to fail to
respond, or to deny services, to any victim of an emergency. States
that already have notification laws that are at least as comprehensive
as the federal notification law must apply for a waiver from the
federal government. If the state does not apply for a waiver, the
federal notification law will be used in place of the state
notification law. Subtitle B of the Ryan White CARE Act applies to all
emergency response employees (fire fighters, paramedics, and EMTs)
throughout the United States. The geographic location of an exposed ERE
(such as within an OSHA state plan state) does not affect the
applicability of this law.
Action Items
•
Each employer of emergency response employees in the state must have
selected one designated officer responsible for coordinating requests
for and responses of notification, investigating exposure incidents to
obtain sufficient information, and who is bound to rules of
confidentiality regarding the infectious status of the emergency
responder and the victim. In other words, each department, as employer,
must have a designated officer. The local should take an active role in
recommending to the fire department a suitable individual for this
position.
•
The receiving medical facilities must have in place procedures for
responding to written requests from designated officers regarding the
determination of exposure to the diseases covered under this Act.
•
The receiving medical facilities must have in place procedures for
automatically notifying the designated officer of any emergency
responders who have transported a victim found to have infectious
pulmonary tuberculosis. This notification must be provided within 48
hours of determining the victim’s tuberculosis status.
•
Your department must have in place procedures by which you, as an
emergency response employee, can make requests to the designated
officer regarding a suspected exposure incident. In addition,
procedures must be in place by which the designated officer can
properly handle all such requests regarding exposure.
•
Your local public health agency must also have in place procedures for
handling requests for exposure incident evaluation from designated
officers.
•
Your state public health officer should have received the list of
potentially life-threatening diseases and the exposure guidelines for
such diseases from the Secretary of Health and Human Services.
• Your local is entitled to the list of potentially life-threatening diseases and exposure guidelines.
•
Your state or municipality must be aware of the procedures adopted by
the Secretary of Health and Human Services for handling allegations of
violations of the exposure notification process.