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Session Laws, 1990 Session
Volume 436, Page 23   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 5

medical examiner's designee acting in good faith to provide notification in accordance
with this section may not be liable in any cause of action related to the breach of patient
confidentiality.

(i) A medical care facility, physician, chief medical examiner, or the chief
medical examiner's designee acting in good faith to provide notification in accordance
with this section may not be liable in any cause of action for:

(1) The failure to give the required notice, if the fire fighter, emergency
medical technician, rescue squadman, law enforcement officer, or correctional officer
fails to properly initiate the notification procedures developed by the health care facility
under subsection (f) of this section; or

(2) The failure of the employer or employer's designee to subsequently
notify the fire fighter, emergency medical technician, rescue squadman, law
enforcement officer, or correctional officer of the possible exposure to a contagious
disease or virus.

(j) A fire fighter, emergency medical technician, rescue squadman, law
enforcement officer, or correctional officer shall receive from their employers or local
governmental bodies, at the expense of the employer or local governmental body, as
part of their training, education on:

(1) (i) The routes of transmission of HIV and Hepatitis B Virus; and

(ii) The routes by which a fire fighter, emergency medical technician,
rescue squadman, law enforcement officer, or correctional officer may be exposed to
HIV and Hepatitis B Virus; and

(2) The current centers for disease control guidelines for preventing
prehospital exposure to HIV and Hepatitis B while rendering emergency medical care.

(k) A fire fighter, emergency medical technician, rescue squadman, law
enforcement officer, or correctional officer shall receive from their employers,
associations, or local governmental bodies, at the employers', associations', or local
governmental bodies' expense, equipment recommended by the Centers for Disease
Control to protect a fire fighter, emergency medical technician, rescue squadman, law
enforcement officer, or correctional officer from exposure to HIV and Hepatitis B while
rendering emergency medical care.

(1) (1) The fire department, law enforcement agency, and all other agencies
or organizations employing a fire fighter, emergency medical technician, rescue
squadman, law enforcement officer, or correctional officer shall develop written
procedures for the implementation of this section.

(2) On request, copies of the procedures developed in this subsection shall
be made available to employees, employee unions, volunteer associations, and the
Secretary.

(m) A person under this section may not refuse to treat or transport an
individual because the individual is HIV positive.

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Session Laws, 1990 Session
Volume 436, Page 23   View pdf image (33K)
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