§1157.3. Exception to obtaining informed consent; human immunodeficiency virus or other infectious agents

A. Notwithstanding the provisions of R.S. 40:1157.1 or any other law to the contrary, whenever an agent or employee of a hospital, or a physician having privileges at the hospital, has been exposed to the blood or bodily fluids of a patient in such a manner as to create any risk that the agent, employee, or physician may become infected with the human immunodeficiency virus or other infectious agent if the patient is infected with the human immunodeficiency virus or other infectious agent, in accordance with the infectious disease exposure guidelines of the United States Centers for Disease Control and Prevention, or the infectious disease exposure standards of the healthcare facility where the exposure occurred, then the hospital shall, without the consent of the patient, conduct such tests on blood previously drawn or bodily fluids previously collected as are necessary to determine whether the patient is, in fact, infected with the virus or other agent believed to cause acquired immune deficiency syndrome or other infectious disease. If no previously drawn blood or collected bodily fluids are available or are suitable, the hospital shall order, without the consent of the patient, that blood, bodily fluids, or both be drawn and collected from the patient to conduct the necessary tests.

B. Notwithstanding the provisions of R.S. 40:1157.1 or any other law to the contrary, whenever it is determined by the infectious disease control officer of any law enforcement, fire service, or emergency medical service agency or organization that an agent or employee of the agency or organization has been exposed to the blood or bodily fluids of a patient in the course and scope of his duties and in such a manner as to create any risk that the agent or employee may become infected with the human immunodeficiency virus or other infectious agent if the patient is infected with the human immunodeficiency virus or other infectious agent, in accordance with the infectious disease exposure guidelines of the United States Centers for Disease Control and Prevention, or the infectious disease exposure standards of the agency or organization, then the infectious disease control officer of the agency or organization shall request that the hospital, while the patient is in such hospital and without the consent of the patient, conduct a human immunodeficiency virus test approved by the United States Food and Drug Administration that can yield test results within no more than five hours of administering the test.

C. The results of the test shall not become a part of the patient's medical record and shall be confidential, except that the hospital shall inform the exposed employee, agent, or physician, or the infectious disease control officer of the law enforcement, fire service, or emergency medical service agency of the results of the test within one hour of receipt of the results.

D. In the event that the test is performed, and the results of the test are positive, the hospital shall inform the patient of the results and shall provide such follow-up testing and counseling as may be required according to the accepted standard of medical care.

E. The patient shall not be charged for any tests performed under this Section.

F. The law enforcement, fire service, or emergency medical service agency or organization shall ensure that an exposed employee or agent receives medically appropriate human immunodeficiency postexposure prophylaxis regimens, follow-up testing, and appropriate counseling.

Acts 2012, No. 600, §2, eff. June 7, 2012; Acts 2012, No. 759, §2, eff. June 12, 2012; Redesignated from R.S. 40:1299.39.7 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4; Acts 2018, No. 702, §1.