42 USC 300ff-133 - Request for notification with respect to victims assisted

U.S Code last checked for updates: Nov 22, 2024

§ 300ff–133.

Request for notification with respect to victims assisted

(a)

Initiation of process by employee

(b)

Initial determination by designated officer

The 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.)

cite as: 42 USC 300ff-133