32.1-116.3 - Reporting of communicable diseases; definitions.

§ 32.1-116.3. Reporting of communicable diseases; definitions.

A. For the purposes of this section:

"Communicable disease of public health threat" means an illness of publichealth significance, as determined by the State Health Commissioner inaccordance with regulations of the Board of Health, caused by a specific orsuspected infectious agent that may be reasonably expected or is known to bereadily transmitted directly or indirectly from one individual or person toanother or to uninfected persons through airborne or nonairborne means andhas been found to create a risk of death or significant injury or impairment;this definition shall not, however, be construed to include humanimmunodeficiency viruses or tuberculosis, unless used as a bioterrorismweapon. "Individual" shall include any companion animal.

"Communicable diseases" means any airborne infection or disease, including,but not limited to, tuberculosis, measles, certain meningococcal infections,mumps, chicken pox and Hemophilus Influenzae Type b, and those transmitted bycontact with blood or other human body fluids, including, but not limited to,human immunodeficiency virus, Hepatitis B and Non-A, Non-B Hepatitis.

B. Every licensed health care facility which transfers or receives patientsvia emergency medical services ambulances or mobile intensive care unitsshall notify the emergency medical services agencies providing such patienttransport of the name and telephone number of the individual who is theinfection control practitioner with the responsibility of investigatingexposure to infectious diseases in the facility.

Every licensed emergency medical services agency established in theCommonwealth shall notify all facilities to which they transport patients orfrom which they transfer patients of the names and telephone numbers of themembers, not to exceed three persons, who have been appointed to serve as theexposure control officers. Every licensed emergency medical services agencyshall implement universal precautions and shall ensure that these precautionsare appropriately followed and enforced.

C. Upon requesting any licensed emergency medical services agency to transfera patient who is known to be positive for or who suffers from anycommunicable disease, the transferring facility shall inform theattendant-in-charge of the transferring crew of the general condition of thepatient and the types of precautions to be taken to prevent the spread of thedisease. The identity of the patient shall be confidential.

D. If any firefighter, law-enforcement officer, emergency medical servicesprovider or paramedic has an exposure of blood or body fluid to mucousmembrane, non-intact skin, or a contaminated needlestick injury, his exposurecontrol officer shall be notified, a report completed and the infectioncontrol practitioner at the receiving facility notified.

E. If, during the course of medical care and treatment, any physiciandetermines that a patient who was transported to a receiving facility by anylicensed emergency medical services agency (i) is positive for or has beendiagnosed as suffering from an airborne infectious disease or (ii) is subjectto an order of quarantine or an order of isolation pursuant to Article 3.02(§ 32.1-48.05 et seq.) of Chapter 2 of this title, then the infection controlpractitioner in the facility shall immediately notify the exposure controlofficer who represents the transporting emergency medical services agency ofthe name of the patient, and the date and time of the patient's admittance tothe facility. The exposure control officer for the transporting emergencymedical services agency shall investigate the incident to determine if anyexposure of emergency medical services personnel or other emergency personneloccurred. The identity of the patient and all personnel involved in any suchinvestigation shall be confidential.

F. If any firefighter, law-enforcement officer, emergency medical servicesprovider or paramedic shall be exposed to a communicable disease, theexposure control officer shall immediately notify the infection controlpractitioner of the receiving facility. The infection control practitioner ofthe facility shall conduct an investigation and provide informationconcerning the extent and severity of the exposure and the recommended courseof action to the exposure control officer of the transporting agency.

G. Any person requesting or requiring any employee of a public safety agencyas defined in subsection J of § 32.1-45.2 to arrest, transfer, or otherwiseexercise custodial supervision over an individual known to the requestingperson (i) to be infected with any communicable disease or (ii) to be subjectto an order of quarantine or an order of isolation pursuant to Article 3.02(§ 32.1-48.05 et seq.) of Chapter 2 of this title shall inform such publicsafety agency employee of a potential risk of exposure to a communicabledisease.

H. Local or state correctional facilities which transfer patients known tohave a communicable disease or to be subject to an order of quarantine or anorder of isolation pursuant to Article 3.02 (§ 32.1-48.05 et seq.) of Chapter2 of this title shall notify the emergency medical services agency providingtransportation services of a potential risk of exposure to a communicabledisease, including a communicable disease of public health threat. For thepurposes of this section, the chief medical person at a local or statecorrectional facility or the facility director or his designee shall beresponsible for providing such information to the transporting agency.

I. Any person who, as a result of this provision, becomes aware of theidentity or condition of a person known to be (i) positive for or to sufferfrom any communicable disease, or to have suffered exposure to a communicabledisease or (ii) subject to an order of quarantine or an order of isolationpursuant to Article 3.02 (§ 32.1-48.05 et seq.) of Chapter 2 of this title,shall keep such information confidential, except as expressly authorized bythis provision.

J. No person known to be (i) positive for or to suffer from any communicabledisease, including any communicable disease of public health threat, or (ii)subject to an order of quarantine or an order of isolation pursuant toArticle 3.02 (§ 32.1-48.05 et seq.) of Chapter 2 of this title, shall berefused transportation or service for that reason by an emergency medicalservices, law-enforcement, or public safety agency.

(1988, cc. 760, 789; 1989, c. 443; 1993, c. 655; 2004, cc. 773, 1021; 2008,c. 118; 2009, cc. 478, 552.)