Page:United States Statutes at Large Volume 123.djvu/2919

 123STA T . 2 89 9 PUBLIC LA W 111 – 8 7—O CT. 3 0, 2009 thevic ti m i n v ol ve dwas t r ans p orted a re qu est f or a response under su b section ( d ) re g arding the victim of the emergenc y involved .‘ ‘( 2 ) FORM O F R EQU E ST . —A request under paragraph ( 1 ) shall be in writing and be signed by the designated officer involved , and shall contain a statement of the facts collected pursuant to subsection (b)(1). ‘‘(d) EVAL UAT I O N AN DR ES P ONSE RE G ARDING REQUEST TO M ED - I C AL FACILIT Y .— ‘‘(1) I N GENERAL.—If a medical facility receives a request under subsection (c), the medical facility shall evaluate the facts submitted in the request and ma k e a determination of whether, on the basis of the medical information possessed by the facility regarding the victim involved, the emergency response employee was e x posed to an infectious disease included on the list issued under paragraph (1) of section 2 695 (a), as indicated by the guidelines issued under paragraph (2) of such section. ‘‘(2) N OTIFICATION OF E X POSURE.—If a medical facility makes a determination under paragraph (1) that the emergency response employee involved has been exposed to an infectious disease, the medical facility shall, in writing, notify the des- ignated officer who submitted the request under subsection (c) of the determination. ‘‘( 3 ) FINDING OF NO EXPOSURE.—If a medical facility makes a determination under paragraph (1) that the emergency response employee involved has not been exposed to an infec- tious disease, the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) of the determination. ‘‘( 4 ) INSUFFICIENT INFORMATION.— ‘‘(A) If a medical facility finds in evaluating facts for purposes of paragraph (1) that the facts are insufficient to make the determination described in such paragraph, the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) of the insufficiency of the facts. ‘‘( B )(i) If a medical facility finds in making a determina- tion under paragraph (1) that the facility possesses no information on whether the victim involved has an infec- tious disease included on the list under section 2695(a), the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) of the insufficiency of such medical information. ‘‘(ii) If after making a response under clause (i) a medical facility determines that the victim involved has an infectious disease, the medical facility shall make the determination described in paragraph (1) and provide the applicable response specified in this subsection. ‘‘(e) T IME FOR MA K ING RESPONSE.—After receiving a request under subsection (c) (including any such request resubmitted under subsection (g)(2)), a medical facility shall make the applicable response specified in subsection (d) as soon as is practicable, but not later than 4 8 hours after receiving the request. ‘‘(f) D EAT H OF V ICTIM OF EMERGENCY.— ‘‘(1) FACILITY ASCERTAINING CAUSE OF DEATH.—If a victim described in subsection (a) dies at or before reaching the medical