139A.22 - PREVENTION OF TRANSMISSION OF HIV OR HBV TO PATIENTS.

        139A.22  PREVENTION OF TRANSMISSION OF HIV OR HBV TO
      PATIENTS.
         1.  A hospital shall adopt procedures requiring the establishment
      of protocols applicable on a case-by-case basis to a health care
      provider determined to be infected with HIV or HBV who ordinarily
      performs exposure-prone procedures as determined by an expert review
      panel, within the hospital setting.  The protocols established shall
      be in accordance with the recommendations issued by the centers for
      disease control and prevention of the United States department of
      health and human services.  The expert review panel may be an
      established committee of the hospital.  The procedures may provide
      for referral of the health care provider to the expert review panel
      established by the department pursuant to subsection 3 for
      establishment of the protocols.  The procedures shall require
      reporting noncompliance with the protocols by a health care provider
      to the licensing board with jurisdiction over the relevant health
      care providers.
         2.  A health care facility shall adopt procedures in accordance
      with recommendations issued by the centers for disease control and
      prevention of the United States department of health and human
      services, applicable to a health care provider determined to be
      infected with HIV or HBV who ordinarily performs or assists with
      exposure-prone procedures within the health care facility.  The
      procedures shall require referral of the health care provider to the
      expert review panel established by the department pursuant to
      subsection 3.
         3.  The department shall establish an expert review panel to
      determine on a case-by-case basis under what circumstances, if any, a
      health care provider determined to be infected with HIV or HBV
      practicing outside the hospital setting or referred to the panel by a
      hospital or health care facility may perform exposure-prone
      procedures.  If a health care provider determined to be infected with
      HIV or HBV does not comply with the determination of the expert
      review panel, the panel shall report the noncompliance to the
      licensing board with jurisdiction over the health care provider.  A
      determination of an expert review panel pursuant to this section is a
      final agency action appealable pursuant to section 17A.19.
         4.  The health care provider determined to be infected with HIV or
      HBV, who works in a hospital setting, may elect either the expert
      review panel established by the hospital or the expert review panel
      established by the department for the purpose of making a
      determination of the circumstances under which the health care
      provider may perform exposure-prone procedures.
         5.  A health care provider determined to be infected with HIV or
      HBV shall not perform an exposure-prone procedure except as approved
      by the expert review panel established by the department pursuant to
      subsection 3, or in compliance with the protocol established by the
      hospital pursuant to subsection 1 or the procedures established by
      the health care facility pursuant to subsection 2.
         6.  The board of medicine, the board of physician assistants, the
      board of podiatry, the board of nursing, the dental board, and the
      board of optometry shall require that licensees comply with the
      recommendations issued by the centers for disease control and
      prevention of the United States department of health and human
      services for preventing transmission of human immunodeficiency virus
      and hepatitis B virus to patients during exposure-prone invasive
      procedures, with the recommendations of the expert review panel
      established pursuant to subsection 3, with hospital protocols
      established pursuant to subsection 1, and with health care facility
      procedures established pursuant to subsection 2, as applicable.
         7.  Information relating to the HIV status of a health care
      provider is confidential and subject to the provisions of section
      141A.9.  A person who intentionally or recklessly makes an
      unauthorized disclosure of such information is subject to a civil
      penalty of one thousand dollars.  The attorney general or the
      attorney general's designee may maintain a civil action to enforce
      this section.  Proceedings maintained under this section shall
      provide for the anonymity of the health care provider and all
      documentation shall be maintained in a confidential manner.
      Information relating to the HBV status of a health care provider is
      confidential and shall not be accessible to the public.  Information
      regulated by this section, however, may be disclosed to members of
      the expert review panel established by the department or a panel
      established by hospital protocol under this section.  The information
      may also be disclosed to the appropriate licensing board by filing a
      report as required by this section.  The licensing board shall
      consider the report a complaint subject to the confidentiality
      provisions of section 272C.6.  A licensee, upon the filing of a
      formal charge or notice of hearing by the licensing board based on
      such a complaint, may seek a protective order from the board.
         8.  The expert review panel established by the department and
      individual members of the panel shall be immune from any liability,
      civil or criminal, for reasonable actions taken in the good faith
      performance of functions authorized or required by this section.  A
      hospital, an expert review panel established by the hospital, and
      individual members of the panel shall be immune from any liability,
      civil or criminal, for reasonable actions taken in the good faith
      performance of functions authorized or required by this section.
      Complaints, investigations, reports, deliberations, and findings of
      the hospital and its panel with respect to a named health care
      provider suspected, alleged, or found to be in violation of the
      protocol required by this section constitute peer review records
      under section 147.135, and are subject to the specific
      confidentiality requirements and limitations of that section.  
         Section History: Recent Form
         2000 Acts, ch 1066, §22; 2001 Acts, ch 24, §30; 2007 Acts, ch 10,
      §25; 2007 Acts, ch 218, §196
         Referred to in § 139A.23
         See § 139A.23