1999 Minnesota Statutes

     144.762 Notification protocol for exposure to HIV and 
  hepatitis B. 

    Subdivision 1.    Notification protocol required.  Every 
 facility that receives a patient shall adopt a postexposure 
 notification protocol for emergency medical services personnel 
 who have experienced a significant exposure.  

    Subd. 2.    Requirements for protocol.  The postexposure 
 notification protocol must include the following: 

    (1) a method for emergency medical services personnel to 
 notify the facility that they may have experienced a significant 
 exposure from a patient that was transported to the facility.  
 The facility shall provide to the emergency medical services 
 personnel a significant exposure report form to be completed by 
 the emergency medical services personnel in a timely fashion; 

    (2) a process to investigate and determine whether a 
 significant exposure has occurred.  This investigation must be 
 completed within 72 hours of receipt of the exposure report, or 
 within a time period that will enable the patient to benefit 
 from contemporary standards of care for reducing the risk of 
 infection; 

    (3) if there has been a significant exposure, a process to 
 determine whether the patient has hepatitis B or HIV infection; 

    (4) if the patient has an infectious disease that could be 
 transmitted by the type of exposure that occurred, or, if it is 
 not possible to determine what disease the patient may have, a 
 process for making recommendations for appropriate counseling 
 and testing to the emergency medical services personnel; 

    (5) compliance with applicable state and federal laws 
 relating to data practices, confidentiality, informed consent, 
 and the patient bill of rights; and 

    (6) a process for providing counseling for the patient to 
 be tested and for the emergency medical services personnel 
 filing the exposure report. 

    Subd. 2a.    Additional protocol requirements.  In 
 addition to the protocol requirements under subdivision 2, the 
 postexposure notification protocol must provide a process for a 
 licensed physician at the facility to conduct an immediate 
 investigation into whether a significant exposure has occurred 
 whenever emergency medical services personnel present themselves 
 at a facility within six hours of a possible significant 
 exposure.  If the investigation shows that a significant 
 exposure occurred, the protocol must provide a process for 
 determining whether the patient has hepatitis B or HIV infection 
 by means of mandatory reporting under section 144.765, 
 subdivision 2, and reporting of results under sections 144.761, 
 subdivision 2, clauses (4), (5), and (6), and 144.767. 

    Subd. 3.    Immunity.  A facility is not civilly or 
 criminally liable for actions relating to the notification of 
 emergency medical services personnel if the facility has made a 
 good faith effort to adopt and follow a notification protocol. 

    HIST: 1989 c 154 s 2; 1997 c 239 art 9 s 3,4