Vermont § 1141 - Communicable disease testing

§ 1141. Communicable disease testing

• (a) A health care provider may order a test for bloodborne pathogens if a health care
  worker, public safety personnel, or emergency personnel has been exposed to the blood
  or bodily fluids of the source patient in a manner sufficient to transmit a bloodborne
  pathogen-related illness to the affected worker while engaged in rendering health
  services to the source patient, and provided that: (1) the source patient: (A) has provided informed consent, as defined in subdivision 9701(17) of this title; or (B) is deceased; (2) the worker has provided a blood sample and consented to testing for bloodborne pathogens
  and a physician has documented that bloodborne pathogen test results are needed for
  beginning, continuing, modifying, or discontinuing medical treatment for the worker; (3) a physician with specialty training in infectious diseases has confirmed that the
  worker has been exposed to the blood or bodily fluids of the source patient in a manner
  sufficient to transmit a bloodborne pathogen-related illness; (4) a health care provider has informed the worker of the confidentiality requirements
  in subsection (c) of this section and the penalties for unauthorized disclosure of
  source patient information under subsection (e) of this section; and (5) a health care provider has informed the source patient of the purpose and confidentiality
  provisions in subsections (b) and (c) of this section, respectively, if applicable. (b) Bloodborne pathogen test results of a source patient obtained under subsection (a)
  of this section are for diagnostic purposes and to determine the need for treatment
  or medical care specific to a bloodborne pathogen-related illness of a worker. Test
  results may not be used as evidence in any criminal or civil proceedings. (c) The result of a test ordered pursuant to subsection (a) of this section is protected
  health information subject to the “Standards for Privacy of Individually Identifiable
  Health Information” established under the Health Insurance Portability and Accountability
  Act of 1996 and contained in 45 C.F.R., Parts 160 and 164, and any subsequent amendments. Test results shall be confidential except
  that the worker who sustained the exposure, the health care provider who ordered the
  test, and the source patient, upon his or her request, shall be informed of the test
  results. Test results reported to the worker and documented in his or her medical
  record shall not include any personally identifying information relative to the source
  patient. Test results shall be transmitted to the Commissioner of Health pursuant
  to subsection (i) of this section. (d) Prior to laboratory testing of a source patient’s blood sample for bloodborne pathogens,
  personal identifiers shall be removed from the sample. (e) Unauthorized disclosures of test results obtained under this section shall be subject
  to the penalties provided under the Health Insurance Portability and Accountability
  Act of 1996, 42 U.S.C. subsections 1320d-5 and 1320d-6, and may be considered unprofessional conduct under applicable licensing, certification,
  and registration laws. (f) The results of rapid testing technologies shall be considered preliminary and may
  be released in accordance with the manufacturer’s instructions as approved by the
  federal Food and Drug Administration. Corroborating or confirmatory testing must be
  conducted as follow-up to a positive preliminary test. (g) The health care provider who requested the test shall provide the source patient and
  the worker an opportunity to receive follow-up testing and shall provide information
  on options for counseling, as appropriate. (h) Records pertaining to testing performed pursuant to this section shall not be recorded
  in the source patient’s medical record unless authorized by the source patient and
  shall not be maintained in the location where the test is ordered or performed for
  more than 60 days. (i) A laboratory having personal knowledge of a test result under this section shall transmit
  within 24 hours a report thereof to the Department of Health pursuant to subsection 1001(k) of this title. (j) The employer of any worker exposed to blood or bodily fluids while rendering health
  services to a source patient during the performance of normal job duties shall maintain
  an incident report with information regarding the exposure that is relevant to a workers’
  compensation claim. The employer shall not be provided or have access to information
  personally identifying the source patient. (k) The costs of all diagnostic tests authorized by these provisions shall be borne by
  the employer of the worker. (l) Notwithstanding any other law to the contrary, a health care provider who orders a
  test in accordance with this section shall not be subject to civil or criminal liability
  for ordering the test. Nothing in this subsection shall be construed to establish
  immunity for the failure to exercise due care in the performance or analysis of the
  test. (m) A health care provider’s duties under this section are not continuing but limited
  to testing and services performed under this section. (Added 2007, No. 194 (Adj. Sess.), § 1.)