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[Utah Code Table of Contents]
[TITLE 26. Table of Contents]
26-6a-1 Definitions.
For purposes of this chapter:
(1) "Designated agent" means a person or persons designated by an agency employing or utilizing emergency medical services providers as employees or volunteers to receive and distribute test results in accordance with this chapter.
(2) "Disability" means the event of becoming physically incapacitated from performing any work for remuneration or profit.
(3) "Disease" means Acquired Immunodeficiency Syndrome, Human Immunodeficiency Virus infection, Hepatitis B, Hepatitis B seropositivity, and any other infectious disease specifically designated by the department for the purposes of this chapter and Title 78, Chapter 29.
(4) "Emergency medical services agency" means an agency, entity, or organization that employs or utilizes emergency medical services providers as employees or volunteers.
(5) "Emergency medical services provider" means a person certified under Section 26-8a-302 , a peace officer as defined in Title 53, Chapter 13, Peace Officer Classifications, local fire department personnel, or officials or personnel employed by the Department of Corrections or by a county jail, who provides prehospital emergency medical care for an emergency medical services agency either as an employee or as a volunteer.
(6) "Patient" means any individual cared for by an emergency medical services provider, including but not limited to victims of accidents or injury, deceased persons, and prisoners or persons in the custody of the Department of Corrections.
(7) "Significant exposure" means:
(a) contact of an emergency medical services provider's broken skin or mucous membrane with a patient's blood or body fluids other than tears or perspiration;
(b) that a needle stick, or scalpel or instrument wound has occurred in the process of caring for a patient;
(c) exposure of the body of one person to the blood or body fluids, other than tears or perspiration, of another person by:
(i) percutaneous inoculation; or
(ii) contact with an open wound, non-intact skin including chapped, abraded, weeping, or dermatitic skin, or mucous membranes; or
(d) exposure that occurs by any other method of transmission
defined by the department as a significant exposure.
1999
26-6a-1.5 Emergency medical services provider - Choice of action.
An emergency medical services provider may proceed under
the provisions of this chapter or pursuant to Section
78-29-102
, or both.
1999
26-6a-2 Emergency medical services provider's significant exposure - Documentation - Request for testing - Refusal or consent.
(1) Whenever an emergency medical services provider has a significant exposure in the process of caring for a patient, he shall document that exposure. That documentation shall be on the form prescribed by the department, and in the manner and time designated by the department.
(2) (a) Upon notification of a significant exposure, or upon receipt of the documentation described in Subsection (1), the hospital, health care facility, or other facility that receives the patient or individual shall request that he consent to testing of his blood to determine the presence of any disease as defined in Section 26-6a-1 . The patient shall be informed that he may refuse to consent to the test and, if he refuses, the fact of his refusal will be forwarded to the designated agent and to the department, and the emergency medical services provider may seek a court order, pursuant to Section 78-29-102 , requiring the patient to undergo testing. The designated agent shall forward that information to the emergency medical services provider. The right to refuse a blood test under the circumstances described in this section does not apply to an individual who has been convicted of a crime and is in the custody or under the jurisdiction of the Department of Corrections, or to any person who is otherwise legally required to submit to testing.
(b) If consent is given, the facility shall obtain and test, or provide for testing of, the patient's blood to determine the presence of any disease, in accordance with the provisions of this chapter.
(c) If consent is not given, the emergency medical services
provider may petition the district court for an order requiring
the patient to submit to testing, pursuant to Section
78-29-102
.
2000
26-6a-3 Unconscious or incapable patient - Testing - Death of patient.
(1) If a patient who is the subject of a reported significant exposure is unconscious or incapable of giving informed consent for blood testing under this chapter, that consent may be obtained from his next-of-kin or legal guardian, or proceedings may be commenced under Section 78-29-102 . However, the following tests may be conducted on a patient who is unconscious or incapable of giving informed consent without his consent or that of his next-of-kin or legal guardian, and without proceeding under Section 78-29-102 :
(a) tests for Hepatitis B and Hepatitis B seropositivity; and
(b) tests for any disease, other than AIDS or Human Immunodeficiency Virus infection, designated as a disease by the department for purposes of this chapter and Title 78, Chapter 29.
(2) If a patient who is the subject of a reported significant
exposure dies prior to admission to or discharge or release
from the facility that received him without an opportunity
to consent to blood testing under this chapter, testing for
diseases under this chapter shall be conducted.
1999
26-6a-4 Authority for testing - Responsibility for costs.
(1) Blood samples for tests conducted under the authority of this chapter may only be obtained by a physician, registered nurse, practical nurse, laboratory technician, phlebotomist, staff designated by the medical examiner's office, or a person authorized to draw blood under the provisions of Chapter 8 or Section 26-1-30 . Blood tests to determine the presence of Human Immunodeficiency Virus infection may be conducted only by the State Health Laboratory.
(2) (a) The facility that receives a patient is responsible for the cost of drawing blood for tests conducted under this chapter.
(b) The emergency medical services agency that employs
the emergency medical services provider who requests testing
under this chapter is responsible for the cost of testing
and costs associated with that testing. The department is
not responsible for the cost of tests conducted under this
chapter.
1996
26-6a-5 Reporting of test results.
(1) (a) Results of tests conducted under this chapter shall be reported by the facility that conducted the test to specified officials of the department and to a designated agent of the emergency medical services agency that employs or utilizes the emergency medical services provider who reported the significant exposure.
(b) In the case of tests for AIDS or Human Immunodeficiency Virus infection, the State Health Laboratory shall report test results to specified officials in the department, and those officials shall report the test results to the appropriate emergency medical services agency's designated agent.
(c) The designated agent shall report the results of tests conducted under this chapter to the appropriate emergency medical services provider.
(d) The facility that receives a patient shall inform the patient of test results for all tests conducted under this chapter except tests for AIDS and Human Immunodeficiency Virus infection. Results of tests for AIDS and Human Immunodeficiency Virus infection shall be reported to the patient by the department or its designee, in accordance with Section 26-6a-8 .
(2) In making a report to a designated agent under this chapter, the facility that conducted the test shall, or in the case of a test for AIDS or Human Immunodeficiency Virus infection the department shall, use a case number instead of the patient's name.
(3) In making a report to the emergency medical services provider who requested the test, the designated agent shall use a case number instead of a patient's name.
(4) The reporting requirements of this section do not
apply to court-ordered testing conducted pursuant to Title
78, Chapter 29.
1999
26-6a-6 Confidentiality of information concerning test results - Exceptions.
(1) Information concerning test results obtained under this chapter that identify the patient shall be maintained as strictly confidential by the hospital, health care or other facility that received or tested the patient, designated agent, emergency medical services provider, emergency medical services agency, and the department, except as provided by this chapter. That information may not be made public upon subpoena, search warrant, discovery proceedings, or otherwise except as provided by this chapter or Title 78, Chapter 29.
(2) The information described in Subsection (1) may be released:
(a) with the written consent of the patient;
(b) if the patient is deceased or incapable of giving informed consent, with the written consent of his next-of-kin, legal guardian, or executor of his estate; or
(c) in accordance with Title 78, Chapter 29.
(3) Information concerning test results obtained under
the authority of this chapter may be released in such a way
that no patient is identifiable, or in accordance with the
provisions of Title 78, Chapter 29.
1999
26-6a-7 Violation of confidentiality requirements - Penalty.
Any person or entity entitled to receive confidential
information under this chapter, other than the individual
tested and identified in the information, who violates this
section by releasing or making public confidential information,
or by otherwise breaching the confidentiality requirements
of this chapter, is guilty of a class B misdemeanor, unless
the information is released or provided pursuant to the provisions
of Title 78, Chapter 29.
1999
26-6a-8 Patient notification and counseling.
(1) With regard to testing for Acquired Immunodeficiency Syndrome and Human Immunodeficiency Virus infection, pre-test counseling, notification of test results, and post-test counseling shall be provided to all patients tested under this chapter, in accordance with rules established by the department, unless counseling is specifically declined by the patient.
(2) All pre-test counseling required by Subsection (1) shall be provided by the hospital or health care or other facility that received the patient.
(3) Notification of test results to patients tested for
AIDS or Human Immunodeficiency Virus infection, and post-test
counseling required by Subsection (1) shall be provided by
the department or its designee. The appropriate emergency
medical services agency is responsible for the cost of that
counseling.
1999
26-6a-9 Department authority - Rules.
The department has authority to establish rules as necessary
for the purposes of Sections
26-6a-1
through
26-6a-8
, consistent with the procedures and requirements
of Title 78, Chapter 29.
1999
26-6a-10 Workers' compensation presumption for emergency medical services providers.
(1) An emergency medical services provider who claims to have contracted a disease, as defined by Sections 26-6a-1 and 78-29-101 , as a result of a significant exposure in the performance of his duties as an emergency medical services provider, is presumed to have contracted the disease by accident during the course of his duties as an emergency medical services provider if:
(a) his employment or service as an emergency medical services provider in this state commenced prior to July 1, 1988, and he tests positive for a disease during the tenure of his employment or service, or within three months after termination of his employment or service; or
(b) the individual's employment or service as an emergency medical services provider in this state commenced on or after July 1, 1988, and he tests negative for any disease at the time his employment or service commenced, and again three months later, and he subsequently tests positive during the tenure of his employment or service, or within three months after termination of his employment or service.
(2) Each emergency medical services agency shall inform
the emergency medical services providers that it employs
or utilizes of the provisions and benefits of this section
at commencement of and termination of employment or service.
1999
26-6a-11 Workers' compensation claims by emergency medical services providers - Time limits.
(1) For all purposes of establishing a workers' compensation claim, the "date of accident" is presumed to be the date on which an emergency medical services provider first tests positive for a disease, as defined in Sections 26-6a-1 and 78-29-101 . However, for purposes of establishing the rate of workers' compensation benefits under Subsection 34A-2-702 (5), if a positive test for a disease occurs within three months after termination of employment, the last date of employment is presumed to be the "date of accident."
(2) The time limits prescribed by Section 34A-2-417 do not apply to an employee whose disability is due to a disease, so long as the employee who claims to have suffered a significant exposure in the service of his employer gives notice, as required by Section 34A-3-108 , of the "date of accident."
(3) Any claim for workers' compensation benefits or medical
expenses shall be filed with the Division of Adjudication
of the Labor Commission within one year after the date on
which the employee first becomes disabled or requires medical
treatment for a disease, or within one year after the termination
of employment as an emergency medical services provider,
whichever occurs later.
1999
26-6a-12 Failure to be tested - Time limit for death benefits.
(1) An emergency medical services provider who refuses or fails to be tested in accordance with Section 26-6a-10 is not entitled to any of the presumptions provided by Sections 26-6a-10 through 26-6a-14 .
(2) Death benefits payable under Section
34A-2-702
are payable only if it can be established by
competent evidence that death was a consequence of or result
of the disease and, notwithstanding Subsection
34A-2-702
(5), that death occurred within six years from
the date the employee first became disabled or required medical
treatment for the disease that caused his death.
1997
26-6a-13 Volunteer emergency medical services providers - Workers' compensation premiums.
(1) For purposes of receiving workers' compensation benefits, any person performing the services of an emergency medical services provider is considered an employee of the entity for whom it provides those services.
(2) (a) With regard to emergency medical services providers who perform those services for minimal or no compensation on a volunteer basis, and who are primarily employed other than as emergency medical services providers, the amount of workers' compensation benefits shall be based on that primary employment. Any excess premiums necessary for workers' compensation shall be paid by the entity that utilized that individual as an emergency medical services provider.
(b) With regard to emergency medical services providers who perform those services for minimal or no compensation or on a volunteer basis, and who have no other employment, the amount of workers' compensation benefits shall be the minimum benefit. Any premium necessary for workers' compensation shall be paid by the entity that utilizes that individual as an emergency medical services provider.
(3) Workers' compensation benefits are the exclusive remedy
for all injuries and occupational diseases, as provided by
Title 34A, Chapters 2 and 3. However, emergency medical services
providers described in Subsection (2) are not precluded from
utilizing insurance benefits provided by a primary employer,
or any other insurance benefits, in addition to workers'
compensation benefits.
1997
26-6a-14 Rulemaking authority - Rebuttable presumption.
(1) The Labor Commission has authority to establish rules necessary for the purposes of Sections 26-6a-10 through 26-6a-13 .
(2) The presumption provided by Sections
26-6a-10
through
26-6a-14
is a rebuttable presumption.
1997
