§ 139A.22 — Prevention of transmission of HIV or HBV to patients

Iowa § 139A.22

• Jurisdiction: Iowa
• Title IV: PUBLIC HEALTH
• Ch. 139A: COMMUNICABLE AND INFECTIOUS DISEASES AND POISONINGS

Text

1. A hospital shall adopt procedures requiring the establishment of protocols applicable
on a case-by-case basis to a health care provider determined to be infected with HIV or
HBV who ordinarily performs exposure-prone procedures as determined by an expert
review panel, within the hospital setting. The protocols established shall be in accordance
with the recommendations issued by the centers for disease control and prevention of the
United States department of health and human services. The expert review panel may be
an established committee of the hospital. The procedures may provide for referral of the
health care provider to the expert review panel established by the department pursuant
to subsection 3 for establishment of the protocols. The procedures shall require reporting
noncompliance with the protocols by a health care provider to the licensing board with
jurisdiction over the relevant health care providers.
2. A health care facility shall adopt procedures in accordance with recommendations
issued by the centers for disease control and prevention of the United States department of
health and human services, applicable to a health care provider determined to be infected
with HIV or HBV who ordinarily performs or assists with exposure-prone procedures within
the health care facility. The procedures shall require referral of the health care provider to
the expert review panel established by the department pursuant to subsection 3.
3. The department shall establish an expert review panel to determine on a case-by-case
basis under what circumstances, if any, a health care provider determined to be infected
with HIV or HBV practicing outside the hospital setting or referred to the panel by a hospital
or health care facility may perform exposure-prone procedures. If a health care provider
determined to be infected with HIV or HBV does not comply with the determination of the
expert review panel, the panel shall report the noncompliance to the licensing board with
jurisdictionoverthehealthcareprovider. Adeterminationofanexpertreviewpanelpursuant
to this section is a final agency action appealable pursuant to section 17A.19.
4. The health care provider determined to be infected with HIV or HBV, who works in a
hospital setting, may elect either the expert review panel established by the hospital or the
expertreviewpanelestablishedbythedepartmentforthepurposeofmakingadetermination
of the circumstances under which the health care provider may perform exposure-prone
procedures.
5. A health care provider determined to be infected with HIV or HBV shall not perform
an exposure-prone procedure except as approved by the expert review panel established by
the department pursuant to subsection 3, or in compliance with the protocol established by
the hospital pursuant to subsection 1 or the procedures established by the health care facility
pursuant to subsection 2.
6. The board of medicine, the board of physician assistants, the board of podiatry, the
11 COMMUNICABLE AND INFECTIOUS DISEASES AND POISONINGS, §139A.25
board of nursing, the dental board, and the board of optometry shall require that licensees
comply with the recommendations issued by the centers for disease control and prevention
of the United States department of health and human services for preventing transmission
of human immunodeficiency virus and hepatitis B virus to patients during exposure-prone
invasive procedures, with the recommendations of the expert review panel established
pursuant to subsection 3, with hospital protocols established pursuant to subsection 1, and
with health care facility procedures established pursuant to subsection 2, as applicable.
7. Information relating to the HIV status of a health care provider is confidential and
subject to the provisions of section 141A.9. A person who intentionally or recklessly makes
an unauthorized disclosure of such information is subject to a civil penalty of one thousand
dollars. The attorney general or the attorney general’s designee may maintain a civil
action to enforce this section. Proceedings maintained under this section shall provide for
the anonymity of the health care provider and all documentation shall be maintained in
a confidential manner. Information relating to the HBV status of a health care provider
is confidential and shall not be accessible to the public. Information regulated by this
section, however, may be disclosed to members of the expert review panel established by the
department or a panel established by hospital protocol under this section. The information
may also be disclosed to the appropriate licensing board by filing a report as required
by this section. The licensing board shall consider the report a complaint subject to the
confidentiality provisions of section 272C.6. A licensee, upon the filing of a formal charge or
notice of hearing by the licensing board based on such a complaint, may seek a protective
order from the board.
8. The expert review panel established by the department and individual members of the
panel shall be immune from any liability, civil or criminal, for reasonable actions taken in the
good faith performance of functions authorized or required by this section. A hospital, an
expert review panel established by the hospital, and individual members of the panel shall
be immune from any liability, civil or criminal, for reasonable actions taken in the good faith
performance of functions authorized or required by this section. Complaints, investigations,
reports, deliberations, and findings of the hospital and its panel with respect to a named
health care provider suspected, alleged, or found to be in violation of the protocol required
by this section constitute peer review records under section 147.135, and are subject to the
specific confidentiality requirements and limitations of that section.