Collapse to view only § 300ff-138. Miscellaneous provisions
- § 300ff-131. Infectious diseases and circumstances relevant to notification requirements
- § 300ff-132. Routine notifications with respect to airborne infectious diseases in victims assisted
- § 300ff-133. Request for notification with respect to victims assisted
- § 300ff-134. Procedures for notification of exposure
- § 300ff-135. Notification of employee
- § 300ff-136. Selection of designated officers
- § 300ff-137. Limitation with respect to duties of medical facilities
- § 300ff-138. Miscellaneous provisions
- § 300ff-139. Injunctions regarding violation of prohibition
- § 300ff-140. Applicability of part
§ 300ff–131. Infectious diseases and circumstances relevant to notification requirements
(a) In general
Not later than 180 days after October 30, 2009, the Secretary shall complete the development of—
(1) a list of potentially life-threatening infectious diseases, including emerging infectious diseases, to which emergency response employees may be exposed in responding to emergencies;
(2) guidelines describing the circumstances in which such employees may be exposed to such diseases, taking into account the conditions under which emergency response is provided; and
(3) guidelines describing the manner in which medical facilities should make determinations for purposes of section 300ff–133(d) of this title.
(b) Specification of airborne infectious diseases
(c) Dissemination
The Secretary shall—
(1) transmit to State public health officers copies of the list and guidelines developed by the Secretary under subsection (a) with the request that the officers disseminate such copies as appropriate throughout the States; and
(2) make such copies available to the public.
(July 1, 1944, ch. 373, title XXVI, § 2695, as added Pub. L. 111–87, § 13, Oct. 30, 2009, 123 Stat. 2897.)
§ 300ff–132. Routine notifications with respect to airborne infectious diseases in victims assisted
(a) Routine notification of designated officer
(1) Determination by treating facility
(2) Determination by facility ascertaining cause of death
(b) Requirement of prompt notification
(July 1, 1944, ch. 373, title XXVI, § 2695A, as added Pub. L. 111–87, § 13, Oct. 30, 2009, 123 Stat. 2898.)
§ 300ff–133. Request for notification with respect to victims assisted
(a) Initiation of process by employee
(b) Initial determination by designated officerThe duties referred to in subsection (a) are that—
(1) the designated officer involved collect the facts relating to the circumstances under which, for purposes of subsection (a), 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–131(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
(2) Form of request
(d) Evaluation and response regarding request to medical facility
(1) In general
(2) Notification of exposure
(3) Finding of no exposure
(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 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–131(a) of this title, the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) 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
(f) Death of victim of emergency
(1) Facility ascertaining cause of death
(2) Responsibility of facility
(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) to which a medical facility has made the response specified in subsection (d)(4)(A) 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 subparagraph (A), 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) were sufficient for purposes of determinations under subsection (d)(1)—
(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).
(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)—
(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).
(July 1, 1944, ch. 373, title XXVI, § 2695B, as added Pub. L. 111–87, § 13, Oct. 30, 2009, 123 Stat. 2898.)
§ 300ff–134. Procedures for notification of exposure
(a) Contents of notification to officer
In making a notification required under section 300ff–132 of this title or section 300ff–133(d)(2) of this title, a medical facility shall provide—
(1) the name of the infectious disease involved; and
(2) the date on which the victim of the emergency involved was transported by emergency response employees to the medical facility involved.
(b) Manner of notification
If a notification under section 300ff–132 of this title or section 300ff–133(d)(2) of this title is mailed or otherwise indirectly made—
(1) the medical facility sending the notification shall, upon sending the notification, inform the designated officer to whom the notification is sent of the fact that the notification has been sent; and
(2) such designated officer shall, not later than 10 days after being informed by the medical facility that the notification has been sent, inform such medical facility whether the designated officer has received the notification.
(July 1, 1944, ch. 373, title XXVI, § 2695C, as added Pub. L. 111–87, § 13, Oct. 30, 2009, 123 Stat. 2901.)
§ 300ff–135. Notification of employee
(a) In general
After receiving a notification for purposes of section 300ff–132 or 300ff–133(d)(2) of this title, a designated officer of emergency response employees shall, to the extent practicable, immediately notify each of such employees who—
(1) responded to the emergency involved; and
(2) as indicated by guidelines developed by the Secretary, may have been exposed to an infectious disease.
(b) Certain contents of notification to employee
A notification under this subsection to an emergency response employee shall inform the employee of—
(1) the fact that the employee may have been exposed to an infectious disease and the name of the disease involved;
(2) any action by the employee that, as indicated by guidelines developed by the Secretary, is medically appropriate; and
(3) if medically appropriate under such criteria, the date of such emergency.
(c) Responses other than notification of exposure
(July 1, 1944, ch. 373, title XXVI, § 2695D, as added Pub. L. 111–87, § 13, Oct. 30, 2009, 123 Stat. 2901.)
§ 300ff–136. Selection of designated officers
(a) In general
(b) Preference in making designations
(July 1, 1944, ch. 373, title XXVI, § 2695E, as added Pub. L. 111–87, § 13, Oct. 30, 2009, 123 Stat. 2901.)
§ 300ff–137. Limitation with respect to duties of medical facilities
The duties established in this part for a medical facility—
(1) shall apply only to medical information possessed by the facility during the period in which the facility is treating the victim for conditions arising from the emergency, or during the 60-day period beginning on the date on which the victim is transported by emergency response employees to the facility, whichever period expires first; and
(2) shall not apply to any extent after the expiration of the 30-day period beginning on the expiration of the applicable period referred to in paragraph (1), except that such duties shall apply with respect to any request under section 300ff–133(c) of this title received by a medical facility before the expiration of such 30-day period.
(July 1, 1944, ch. 373, title XXVI, § 2695F, as added Pub. L. 111–87, § 13, Oct. 30, 2009, 123 Stat. 2901.)
§ 300ff–138. Miscellaneous provisions
(a) Liability of medical facilities, designated officers, public health officers, and governing entities
(b) Testing
(c) Confidentiality
(d) Failure to provide emergency services
(e) Notification and reporting deadlines
(f) Continued application of State and local law
(July 1, 1944, ch. 373, title XXVI, § 2695G, as added Pub. L. 111–87, § 13, Oct. 30, 2009, 123 Stat. 2902.)
§ 300ff–139. Injunctions regarding violation of prohibition
(a) In general
(b) Facilitation of information on violations
(July 1, 1944, ch. 373, title XXVI, § 2695H, as added Pub. L. 111–87, § 13, Oct. 30, 2009, 123 Stat. 2902.)
§ 300ff–140. Applicability of part
This part shall not apply in a State if the chief executive officer of the State certifies to the Secretary that the law of the State is substantially consistent with this part.
(July 1, 1944, ch. 373, title XXVI, § 2695I, as added Pub. L. 111–87, § 13, Oct. 30, 2009, 123 Stat. 2903.)