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Session Laws, 1988
Volume 770, Page 2713   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 275

(C) IF, WHILE TREATING OR TRANSPORTING AN ILL OR INJURED
PATIENT TO A MEDICAL CARE FACILITY OR WHILE ACTING IN THE
PERFORMANCE OF DUTY, A LAW ENFORCEMENT OFFICER COMES INTO CONTACT
WITH A PATIENT WHO IS SUBSEQUENTLY DIAGNOSED, AS A RESULT OF
INFORMATION OBTAINED IN CONJUNCTION WITH THE SERVICES PROVIDED
DURING THE VISIT TO THE FACILITY, AS HAVING A CONTAGIOUS DISEASE
OR VIRUS, THE ATTENDING PHYSICIAN OR A DESIGNEE OF THE MEDICAL
CARE FACILITY WHO RECEIVES THE PATIENT SHALL NOTIFY THE LAW
ENFORCEMENT OFFICER AND THE OFFICER'S EMPLOYER OR EMPLOYER'S
DESIGNEE OF THE OFFICER'S POSSIBLE EXPOSURE TO THE CONTAGIOUS
DISEASE OR VIRUS.

(c) (D) The notification required under subsection (a) (B)
OR (C) of this section shall:

(1)   Be made within 48 hours, or sooner, of
confirmation of the patient's diagnosis;

(2)  Include subsequent written confirmation of
possible exposure to the contagious disease OR VIRUS; and

(3)  Be conducted in a manner that will protect the
confidentiality of the patient; and

(4)  To the extent possible, be conducted in a manner
that will protect the confidentiality of the firefighter,
emergency medical technician, or rescue squadman , OR LAW
ENFORCEMENT OFFICER.

(d) (E) The written confirmation required under paragraph
(c) (D)(2) of this section shall constitute compliance with this
section.

(e) (F) Each medical care facility shall develop written
procedures for the implementation of this section, and, upon
request, make copies available to the local fire authority or ,
THE local fire authority's designee, THE LOCAL LAW ENFORCEMENT
AUTHORITY, OR THE LOCAL LAW ENFORCEMENT AUTHORITY'S DESIGNEE
having jurisdiction.

(G) A MEDICAL CARE FACILITY OR PHYSICIAN 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.

(H) A MEDICAL CARE FACILITY OR PHYSICIAN 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, OR
LAW ENFORCEMENT OFFICER FAILS TO PROPERLY INITIATE THE

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Session Laws, 1988
Volume 770, Page 2713   View pdf image
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