§1157.3. Exception to obtaining informed consent; human immunodeficiency virus or other
infectious agents
A.Notwithstanding the provisions of R.S. 40:1157.1 or any other law to the contrary,
whenever an agent or employee of a hospital, or a physician having privileges at the hospital,
has been exposed to the blood or bodily fluids of a patient in such a manner as to create any
risk that the agent, employee, or physician may become infected with the human
immunodeficiency virus or other infectious agent if the patient is infected with the human
immunodeficiency virus or other infectious agent, in accordance with the infectious disease
exposure guidelines of the United States Centers for Disease Control and Prevention, or the
infectious disease exposure standards of the healthcare facility
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§1157.3. Exception to obtaining informed consent; human immunodeficiency virus or other
infectious agents
A. Notwithstanding the provisions of R.S. 40:1157.1 or any other law to the contrary,
whenever an agent or employee of a hospital, or a physician having privileges at the hospital,
has been exposed to the blood or bodily fluids of a patient in such a manner as to create any
risk that the agent, employee, or physician may become infected with the human
immunodeficiency virus or other infectious agent if the patient is infected with the human
immunodeficiency virus or other infectious agent, in accordance with the infectious disease
exposure guidelines of the United States Centers for Disease Control and Prevention, or the
infectious disease exposure standards of the healthcare facility where the exposure occurred,
then the hospital shall, without the consent of the patient, conduct such tests on blood
previously drawn or bodily fluids previously collected as are necessary to determine whether
the patient is, in fact, infected with the virus or other agent believed to cause acquired
immune deficiency syndrome or other infectious disease. If no previously drawn blood or
collected bodily fluids are available or are suitable, the hospital shall order, without the
consent of the patient, that blood, bodily fluids, or both be drawn and collected from the
patient to conduct the necessary tests.
B. Notwithstanding the provisions of R.S. 40:1157.1 or any other law to the contrary,
whenever it is determined by the infectious disease control officer of any law enforcement,
fire service, or emergency medical service agency or organization that an agent or employee
of the agency or organization has been exposed to the blood or bodily fluids of a patient in
the course and scope of his duties and in such a manner as to create any risk that the agent
or employee may become infected with the human immunodeficiency virus or other
infectious agent if the patient is infected with the human immunodeficiency virus or other
infectious agent, in accordance with the infectious disease exposure guidelines of the United
States Centers for Disease Control and Prevention, or the infectious disease exposure
standards of the agency or organization, then the infectious disease control officer of the
agency or organization shall request that the hospital, while the patient is in such hospital and
without the consent of the patient, conduct a human immunodeficiency virus test approved
by the United States Food and Drug Administration that can yield test results within no more
than five hours of administering the test.
C. The results of the test shall not become a part of the patient's medical record and
shall be confidential, except that the hospital shall inform the exposed employee, agent, or
physician, or the infectious disease control officer of the law enforcement, fire service, or
emergency medical service agency of the results of the test within one hour of receipt of the
results.
D. In the event that the test is performed, and the results of the test are positive, the
hospital shall inform the patient of the results and shall provide such follow-up testing and
counseling as may be required according to the accepted standard of medical care.
E. The patient shall not be charged for any tests performed under this Section.
F. The law enforcement, fire service, or emergency medical service agency or
organization shall ensure that an exposed employee or agent receives medically appropriate
human immunodeficiency postexposure prophylaxis regimens, follow-up testing, and
appropriate counseling.