Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 172.000 - Reporting of Unprotected Exposures to Infectious Diseases Dangerous to the Public Health
Section 172.003 - Notice to Care Providers Who Have Sustained an Exposure to an Infectious Disease Dangerous to the Public Health

(A) Any health care facility which diagnoses a patient as having a bloodborne infectious disease dangerous to the public health, as defined in 105 CMR 172.001, shall notify orally, and in writing, the designated infection control officer for the care provider(s) submitting the Unprotected Exposure Form who has sustained an unprotected exposure that in the opinion of the health care facility is capable of transmitting such disease. Oral notification shall occur within 48 hours of diagnosis. Written notice of such exposure shall occur within 72 hours of diagnosis. Upon notification, the designated infection control officer shall notify the exposed care provider.

(B) Any health care facility which diagnoses a patient as having an airborne or uncommon, rare or pandemic infectious diseases dangerous to the public health, as defined in 105 CMR 172.001, shall notify the designated infection control officer for the care providers who transported the patient as soon as practicable, but not later than 48 hours after diagnosis. Upon notification, the designated infection control officer shall notify the exposed care provider.

(C) The notice shall include, but need not be limited to: the appropriate precautions and actions that should be taken by the care provider who has sustained the exposure to an infectious disease dangerous to the public health, the identity of the disease to which the individual has been exposed, instructions to the care provider to contact his/her personal physician for medical follow-up, and information regarding immediate precautions necessary to prevent transmission of the disease to others. The notice shall clearly indicate that such exposure does not constitute a diagnosis of an infectious disease dangerous to the public health.

(D) Notice to the care provider(s) who has sustained an exposure to an infectious disease dangerous to the public health shall be made in a manner so as to assure that such notice is conveyed by the health care facility only to the designated infection control officer for the individual(s). Delivery of the written notice by common carrier such as first class mail to the designated infection control officer shall satisfy these terms. Upon notification, the designated infection control officer shall notify the exposed care provider.

(E) The identity of the patient diagnosed as having an infectious disease dangerous to the public health as defined in 105 CMR 172.001 shall not be released either orally or in writing by the health care facility to the designated infection control officer for the care provider or to the care provider who has sustained the exposure and the patient's name shall be kept confidential in accordance with M.G.L. c. 111, § 70.

(F) The health care facility shall notify only those designated infection control officers for the care provider(s) who has sustained an exposure to an infectious disease dangerous to the public health that, in the opinion of the facility, is capable of transmitting the disease.