(a) If, in the course of performing normal, authorized professional job duties, or
rendering emergency care as a good samaritan under the Good Samaritan Law, codified
in § 63-6-218, a member of one of the categories of individuals listed in subsection (d) reasonably
believes that the member may have been exposed to potentially life-threatening airborne
or bloodborne diseases, including, but not limited to, tuberculosis, HIV or hepatitis
B, the person has the right to request, in writing, that the individual who may have
exposed the person be evaluated to determine the presence of such disease or diseases. The request shall be made to the designated exposure control officer of the responding
agency or county medical examiner, who shall conduct the evaluation pursuant to the
rules provided for in subsection (c).
(b) Any evaluation pursuant to subsection (a) shall include all medical records held
by the department of health, any health care provider, or health care facility pertaining
to the individual who is the subject of the evaluation. Any information provided shall be made available in accordance with the rules provided
for in subsection (c) and shall be used only for the purpose of performing the evaluation
and shall be otherwise confidential. Any cost related to the evaluation shall be paid by the responding agency.
(c) Any evaluation provided for in subsection (a) shall be conducted pursuant to emergency
rules promulgated by the commissioner of health consistent with federal regulations
for such determination of exposure experienced by emergency response workers. Any agency, individual, or facility providing any assistance or information necessary
for completing the evaluation shall not incur any civil or criminal liability as a
result of providing assistance or information consistent with the rules promulgated
pursuant to this subsection (c).
(d) The categories of individuals who may request evaluations are paramedics, emergency
response employees, fire fighters, first response workers, emergency medical technicians,
and volunteers making an authorized emergency response. The evaluations may also be requested by any person rendering services as a good
samaritan under the Good Samaritan Law.
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