SECTION 310:555-1-4. Notification system

(a)   Any health care worker, emergency responder,funeral worker or Good Samaritan who sustains a risk exposure, not occurring during employment at a health care facility, is responsible for immediately reporting that exposure. To initiate this notification system, the exposed person shall complete Part I of the OSDH Communicable Disease Risk Exposure Report Form (ODH #207) and submit it to their employer or employer's designated person. Good Samaritans submit the form directly to health care facility where the source patient was transferred.

(b)   For exposures happening while on duty, the employer shall be responsible for having the circumstances of the exposure reviewed by a licensed health care professional to determine if a risk exposure occurred. The licensed health care professional should use guidelines of the Centers for Disease Control and Prevention to make this determination. The facility where the source patient was transported will determine if a risk exposure occurred for Good Samaritans.

(c)   If the licensed health care professional determines that a valid risk exposure has occurred, then the employer /Good Samaritan shall be responsible to submit within 24 hours of exposure, if possible, the Risk Exposure Report to:

(1)   The health care facility's designated person at the institution to which the source patient was transported, or

(2)   The source patient's attending physician, if the source patient was being cared for outside of a health care facility, or

(3)   The health care facility that last had responsibility for a deceased source patient, such as hospital of death, medical examiner or attending physician.

(d)   The health care facility or the source patient's attending physician, if the source patient was being cared for outside of a health care facility, shall be responsible for designating an appropriate person authorized by law (and at least one back-up person) to provide confidential follow-up of the Risk Exposure Report. Follow-up should include:

(1)   Review of the source patient's medical record and consultation with the patient's attending physician to determine if the patient is known to have an occupational risk disease or if the source patient has risk factors for HBV, HCV, and/or HIV infection.

(2)   Testing of the source patient for HBV, HCV and/or HIV should be pursued upon request of the exposed worker's employer or Good Samaritan under the following conditions:

(A)   the health care facility has been provided with a completed written report of occupational or Good Samaritan exposure utilizing ODH Form 207, and

(B)   ODH Form 207 has been signed by a licensed health care professional verifying that a risk exposure to the source patient's blood or other potentially infectious body fluid has occurred. In accordance with 63 O.S. 2001, Section 1-502.3(A), testing of a source patient's blood may be performed:

(i)   with their written consent,

(ii)   without consent when ODH Form 207 is presented to the health care facility as noted above, or

(iii)   upon court order.

(3)   The source patient's blood, whenever available, shall be submitted for testing within 24 hours after ODH Form 207 has been received. When Rapid HIV Testing of the source patient is available and appropriate, efforts shall be made to have these results communicated to the health care facility's designated person immediately. All other test results shall be communicated to the health care facility's designated person within the next 5 days. In some instances, special arrangements (e.g., telephone call) may need to be made in order to have results within 5 days.

(4)   Positive test results for HIV, HBV, and HCV from source patients should be made available by the health care facility designee immediately, and not more than 24 hours of receipt of the results to the physician or designee providing post-exposure follow-up to the exposed worker /Good Samaritan named on ODH Form 207. In addition, the health care facility designated person may (without consent) release the results of the source patient's HIV, HBV and HCV tests to:

(A)   the source patient (and his/her physician);

(B)   the exposed worker / Good Samaritan named on ODH Form 207; and/or

(C)   Oklahoma State Department of Health.

(e)   The health care facility designated person shall complete Part II of the Risk Exposure Report and mail it to the Oklahoma State Department of Health within six (6) working days.

(f)   The physician or designee providing post-exposure follow-up to the exposed worker /Good Samaritan shall be responsible for ensuring the exposed worker/Good Samaritan has been informed whether or not he or she has been exposed to an occupational risk disease and make recommendations for appropriate follow-up.

(g)   All reasonable costs associated with follow-up and testing of the source patient or exposed worker(s) as directed by these rules shall be paid by the exposed worker's employer, with the exception of a Good Samaritan who is responsible for all costs themselves, unless such costs to the source patient are borne by other payment sources.

(h)   All information on the OSDH Risk Exposure Report shall be strictly confidential in accordance with applicable state laws.

[Source: Amended at 10 Ok Reg 631, eff 1-1-93 (emergency); Amended at 10 Ok Reg 1717, eff 6-1-93; Amended at 21 Ok Reg 239, eff 11-6-03 (emergency); Amended at 21 Ok Reg 1041, eff 5-13-04; Amended at 37 Ok Reg 1418, eff 9-11-20]