Section 191.658

Title XII PUBLIC HEALTH AND WELFARE

Chapter 191

Effective - 28 Aug 1999   

  191.658.  HIV infection status disclosure by department of health and senior services to exposed health workers or law enforcement officers, when, violation, penalty. — 1.  As used in this section, the following terms shall mean:

  (1)  "Disclose", to disclose, release, transfer, disseminate or otherwise communicate all or any part of any record orally, in writing or by electronic means to any person or entity;

  (2)  "Health care practitioner", any licensed physician, nurse practitioner or physician's assistant;

  (3)  "HIV", the human immunodeficiency virus that causes acquired immunodeficiency syndrome;

  (4)  "HIV infection", the pathological state of the human body in response to HIV;

  (5)  "Medically significant exposure", a puncture through or laceration of the skin, or contact of mucous membrane or nonintact skin with blood, tissue, wound exudate or other body fluids, including semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, peritoneal fluid, pericardial fluid, amniotic fluid or any body fluid containing visible blood, or contact of intact skin with any such body fluids when the duration of contact is prolonged or involves an extensive area of skin;

  (6)  "Person", private individuals, private or public bodies politic, and corporations, partnerships, trusts, and unincorporated associations and their officers, directors, agents or employees;

  (7)  "Source individual", the person who is the source of the blood or other body fluids to which medically significant exposure occurred.

  2.  A health care practitioner providing medical treatment for a health care worker or law enforcement officer because of a medically significant exposure to blood or other body fluids that occurred in the course of the worker's or officer's employment may request from the department of health and senior services information regarding the HIV infection status of the source individual.  The department of health and senior services may disclose to the health care practitioner the HIV infection status of the source individual if such information is on file with the department.

  3.  The health care practitioner shall disclose the HIV infection status of the source individual to the exposed health care worker or law enforcement officer if, in the professional judgment of the health care practitioner, such disclosure is necessary to assure adherence to a prescribed treatment regimen.

  4.  No person to whom information about an individual's HIV infection has been disclosed pursuant to this section shall further disclose such results.

  5.  Any person who knowingly releases information in violation of this section is guilty of a class A misdemeanor.

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(L. 1999 H.B. 271 § 1)