141A.8 - CARE PROVIDER NOTIFICATION.

        141A.8  CARE PROVIDER NOTIFICATION.
         1. a.  Notwithstanding any provision of this chapter to the
      contrary, if a care provider sustains a significant exposure from an
      individual, the individual to whom the care provider was exposed is
      deemed to consent to a test to determine the presence of HIV
      infection in that individual and is deemed to consent to notification
      of the care provider of the HIV test results of the individual, upon
      submission of a significant exposure report by the care provider as
      provided by rule.
         b.  The hospital or clinic in which the exposure occurred or
      any other person specified in this section to whom the individual is
      delivered shall conduct the test.  If the individual is delivered by
      the care provider to an institution administered by the Iowa
      department of corrections, the test shall be conducted by the staff
      physician of the institution.  If the individual is delivered by the
      care provider to a jail, the test shall be conducted by the attending
      physician of the jail or the county medical examiner.  The sample and
      test results shall only be identified by a number.
         c.  A hospital, institutions administered by the department of
      corrections, and jails shall have written policies and procedures for
      notification of a care provider under this section.  The policies and
      procedures shall include designation of a representative of the care
      provider to whom notification shall be provided and who shall, in
      turn, notify the care provider.  The identity of the designated
      representative of the care provider shall not be revealed to the
      individual tested.  The designated representative shall inform the
      hospital, institution administered by the department of corrections,
      or jail of those parties who received the notification, and following
      receipt of this information and upon request of the individual
      tested, the hospital, institution administered by the department of
      corrections, or jail shall inform the individual of the parties to
      whom notification was provided.
         2. a.  If the test results are positive, the hospital or other
      person performing the test shall notify the subject of the test and
      ensure the performance of counseling and reporting requirements of
      this chapter in the same manner as for an individual from whom actual
      consent was obtained.  The report to the department required pursuant
      to section 141A.6 shall include the name of the individual tested.
         b.  If the HIV test results of the subject of the test are
      positive, the hospital or other person performing the test shall
      notify the care provider or the designated representative of the care
      provider who shall then notify the care provider who sustained the
      exposure.
         c.  The notification shall be provided as soon as is
      reasonably possible following determination that the HIV test results
      of the subject of the test are positive.  The notification shall not
      include the name of the individual tested for HIV infection unless
      the individual provides a specific written release.  If the care
      provider who sustained the significant exposure determines the
      identity of the individual tested, the identity of the individual
      shall be confidential information and shall not be disclosed by the
      care provider to any other person unless a specific written release
      is obtained from the individual tested.
         3.  This section does not preclude a hospital or health care
      provider from providing notification to a care provider under
      circumstances in which the hospital's or health care provider's
      policy provides for notification of the hospital's or health care
      provider's own employees of exposure to HIV infection if the notice
      does not reveal a patient's name, unless the patient consents.
         4.  A hospital, health care provider, or other person
      participating in good faith in making a report under the notification
      provisions of this section, under procedures similar to this section
      for notification of its own employees upon filing of a significant
      exposure report, or in failing to make a report under this section,
      is immune from any liability, civil or criminal, which might
      otherwise be incurred or imposed.
         5.  A hospital's or health care provider's duty to notify under
      this section is not continuing but is limited to the diagnosis of HIV
      infection made in the course of admission, care, and treatment
      following the rendering of health care services or other services to
      the individual with the infection to which notification under this
      section applies.
         6.  Notwithstanding subsection 5, if, following discharge from or
      completion of care or treatment by a hospital, an individual for whom
      a significant exposure report was submitted but which report did not
      result in notification, wishes to provide information regarding the
      individual's HIV infection status to the care provider who submitted
      the report, the hospital shall provide a procedure for notifying the
      care provider.
         7.  A hospital, health care provider, or other person who is
      authorized to perform an HIV test under this section, who performs
      the HIV test in compliance with this section or who fails to perform
      an HIV test authorized under this section, is immune from any
      liability, civil or criminal, which might otherwise be incurred or
      imposed.
         8.  A hospital, health care provider, or other person who is
      authorized to perform a test under this section has no duty to
      perform the HIV test authorized.
         9.  The employer of a care provider who sustained a significant
      exposure under this section shall pay the costs of HIV testing for
      the individual who is the source of the significant exposure and of
      the testing and counseling of the care provider, if the significant
      exposure was sustained during the course of employment.  However, the
      department shall assist an individual who is the source of the
      significant exposure in finding resources to pay for the cost of the
      HIV test, and shall assist a care provider who renders direct aid
      without compensation in finding resources to pay for the cost of the
      testing and counseling.  
         Section History: Recent Form
         99 Acts, ch 181, §12; 2000 Acts, ch 1140, §27--29; 2000 Acts, ch
      1154, §13; 2001 Acts, ch 157, §7; 2007 Acts, ch 70, §9