Page:United States Statutes at Large Volume 104 Part 1.djvu/661

 PUBLIC LAW 101-381—AUG. 18, 1990 104 STAT. 627 " (b) CERTAIN CONTENTS OF NOTIFICATION TO EMPLOYEE. — A notification under this subsection to an emergency response employee shall inform the employee of— "(1) the fact that the employee may have been exposed to an infectious disease and the name of the disease involved; "(2) any action by the employee that, as indicated by guidelines developed by the Secretary, is medically appropriate; and "(3) if medically appropriate under such criteria, the date of such emergency. "(c) RESPONSES OTHER THAN NOTIFICATION OF EXPOSURE.—After receiving a response under paragraph (3) or (4) of subsection (d) of section 2683, or a response under subsection (g)(1) of such section, the designated officer for the employee shall, to the extent practicable, immediately inform the employee of the response. "SEC. 2686. SELECTION OF DESIGNATED OFFICERS. 42 USC 300ff-86. "(a) IN GENERAL.—For the purposes of receiving notifications and responses and making requests under this subpart on behalf of emergency response employees, the public health officer of each State shall designate 1 official or officer of each employer of emergency response employees in the State. "(b) PREFERENCE IN MAKING DESIGNATIONS. — In making the designations required in subsection (a), a public health officer shall give preference to individuals who are trained in the provision of health care or in the control of infectious diseases. "SEC. 2687. LIMITATIONS WITH RESPECT TO DUTIES OF MEDICAL FACILI- 42 USC 300ff-87. TIES. "The duties established in this subpart for a medical facility— "(1) shall apply only to medical information possessed by the facility during the period in which the facility is treating the victim for conditions arising from the emergency, or during the 60-day period beginning on the date on which the victim is transported by emergency response employees to the facility, whichever period expires first; and "(2) shall not apply to any extent after the expiration of the 30-day period beginning on the expiration of the applicable period referred to in paragraph (1), except that such duties shall apply with respect to any request under section 2683(c) received by a medical facility before the expiration of such 30-day period. "SEC. 2688. RULES OF CONSTRUCTION. 42 USC 300ff-88. "(a) LIABILITY OF MEDICAL FACILITIES AND DESIGNATED OFFICERS. — This subpart may not be construed to authorize any cause of action for damages or any civil penalty against any medical facility, or any designated officer, for failure to comply with the duties established in this subpart. "(b) TESTING.— T his subpart may not, with respect to victims of emergencies, be construed to authorize or require a medical facility to test any such victim for any infectious disease. "(c) CONFIDENTIAUTY.—T his subpart may not be construed to authorize or require any medical facility, any designated officer of emergency response employees, or any such employee, to disclose identifying information with respect to a victim of an emergency or with respect to an emergency response employee.

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