Current through Register Vol. 43, No. 52, December 26, 2024
(a) For the purpose of this regulation, each
of the following terms shall have the meaning specified in this subsection:
(1) "Occupational exposure" means any
occupational exposure, as defined in
K.S.A.
65-116a and amendments thereto, that occurs
to any of the following under the conditions specified:
(A) Any individual providing medical or
nursing services, clinical or forensic laboratory services, emergency medical
services, or firefighting, law enforcement, or correctional services, whether
for compensation or as a volunteer;
(B) any individual in training for
certification, licensure, a position, or a job providing any services listed in
paragraph (a)(1)(A); or
(C) any
individual receiving services from an individual specified in paragraph
(a)(1)(A) or (B).
(2)
"Exposed person" means any individual who had an occupational
exposure.
(3) "Source person" means
any individual from whom an occupational exposure originated.
(4) "Infection control officer" means the
individual on duty and designated to monitor and respond to occupational
exposures by an entity providing medical or nursing services, clinical or
forensic laboratory services, emergency medical services, or firefighting, law
enforcement, or correctional services.
(b) Each exposed person specified in
paragraph (a)(1)(A) or (B) shall inform the entity's infection control officer
about the occupational exposure as soon as possible, but within four hours of
the occupational exposure.
(c) The
infection control officer shall determine whether the occupational exposure was
sufficient to potentially transmit a pathogen or an infectious and contagious
disease, considering current guidelines from the Kansas department of health
and environment, the centers for disease control and prevention, and the United
States public health service.
(d)
If the infection control officer determines that the occupational exposure was
sufficient to potentially transmit a pathogen or an infectious and contagious
disease, the infection control officer shall direct that an appropriate
specimen be obtained from the source person for testing.
(1) If the source person refuses to provide a
specimen for testing, the infection control officer may submit an application
to a court of competent jurisdiction for an order requiring the source person
to submit an appropriate specimen for testing. The application shall include
the following:
(A) An allegation that the
source person has refused to provide an appropriate specimen for testing
following an occupational exposure;
(B) the specific test or tests needed to be
performed; and
(C) specification of
whether and how frequently any additional tests may be required.
(2) If the source person has died
and the infection control officer requests a specimen, the custodian of the
source person's remains shall obtain and preserve an appropriate specimen from
the source person for testing.
(e) If a person who has been transported to a
health care facility is subsequently determined to be a source person of a
pathogen or an infectious and contagious disease that can be transmitted from
person to person through the air or by exposure to respiratory droplets, the
following notifications shall be required:
(1)
Within four hours of the diagnosis, the treating health care provider shall
notify the infection control officer of the health care facility of the
presence of a source person.
(2)
Within four hours of receiving notification from the treating health care
provider, the infection control officer of the health care facility shall
provide to the entity that transported the source person at least the following
information:
(A) The name of the source
person;
(C) the date and time the
source person was transported to the health care facility.
(3) Within four hours of receiving
notification from the health care facility, the infection control officer of
the entity that transported the source person shall notify all other entities
whose personnel could have cared for or interacted with the source person in a
manner that could transmit the pathogen or the infectious and contagious
disease and shall provide at least the following information:
(A) The name of the source person;
(C) the date and time the source person was
transported to the health care facility.
(f) The results of the infectious and
contagious disease test or tests shall be disclosed to the exposed person, the
infection control officer responsible for the exposed person, and the source
person as soon as possible. To the extent feasible, the disclosure to the
exposed person shall not include the name or identity of the source
person.
(g) If an infection control
officer has determined that a person who is or has been in the care or custody
of an individual providing medical or nursing services, emergency medical
services, or firefighting, law enforcement, or correctional services has been
exposed to an infectious and contagious disease, blood, or other potentially
infectious materials by the individual providing those services, the infection
control officer shall advise the exposed person and recommend appropriate
testing as soon as feasible.