HB 1834 -- Testing for Contagious or Infectious Diseases

Co-Sponsors:  Lowe, Green (15), George, Foley, Bland, Bowman,
Selby

This bill pertains to testing of persons who expose care
providers to the risk of contracting an infectious or contagious
disease.

The bill:

(1)  Requires that a person is deemed to consent to testing and
to notification of the care provider of test results if a care
provider sustains an exposure from a person while providing
health care services or other services;

(2)  Specifies the entity or person who is allowed to conduct the
test and the conditions for conducting the test;

(3)  Prohibits the disclosure of the identity of the person
tested unless consent is given.  The sample and the test results
will be identified by a numbering system;

(4)  Requires hospitals, institutions administered by the
Department of Corrections, and jails to establish written
policies and procedures for notifying care providers if exposure
occurs;

(5)  Requires hospitals or other individuals who conduct the test
to notify the care provider or designated representative if the
person tested is diagnosed or confirmed as having an infectious
or contagious disease;

(6)  Prohibits the care provider from disclosing the identity of
the person tested, unless the person consents;

(7)  Requires the exposed care provider to be advised of seeking
medical attention in the event of exposure;

(8)  Prohibits a hospital, health care provider, or other
individual from administering a test to determine the presence of
a contagious disease unless a person consents and the
requirements of the bill are satisfied;

(9)  Allows hospitals or health care providers to provide
notification to a care provider when the provider's policies
require employees to be notified of an exposure to a contagious
or infectious disease that is non life-threatening.  The notice
is prohibited from revealing the patient's name unless consent is
obtained;

(10)  Exempts hospitals, health providers, or other individuals
from civil or criminal liability for discharging any duties
contained in the bill;

(11)  Limits the scope of the notification by hospitals or health
care providers.  Notification is limited to diagnosis of a
contagious or infectious disease during an admission, care, or
treatment;

(12)  Prohibits hospitals or health care providers from being
liable for civil or criminal liability for performing or not
performing the test;

(13)  Requires the Department of Health and Senior Services to
develop rules to implement the bill; and

(14)  Requires the employer to pay the costs of testing the
source person of the exposure and the care provider if the
exposure occurred during the course of employment.  The
department is required to pay the costs of testing the source
person of the exposure and care provider who renders direct aid
without compensation.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:02 am