Ala. Admin. Code r. 420-4-3-.07

Current through Register Vol. 42, No. 12, September 30, 2024

Section 420-4-3-.07 - Review Practice And Procedure And Subpoena Forms

(a) The ERP shall review the overall practice and procedures performed by the IHCW by considering:

1. the procedures performed by the IHCW;

2. the adherence to universal precautions by the IHCW;

3. the past history of the HCW of occupational injury while performing the invasive procedures;

4. any prior evidence of the HCW related to patient transmission of HIV, HBV, HCV or other disease designated by the State Board of Health;

5. the presence of conditions such as dermatitis, dementia, neuropathy, or other conditions that may increase the risk of transmission of HIV, HBV, HCV or other disease designated by the State Board of Health; and

6. current CDC guidelines on the management of IHCWs.

(b) The performance of invasive procedures alone shall not present sufficient cause to limit the practice of the IHCW.

(c) Subsequent recommendations shall be made to the SHO within 30 days of convening concerning:

1. limitations on the performance of invasive procedures by the IHCW; and

2. the need to notify patients who previously may have had an invasive procedure performed by the IHCW. The provider will be responsible for notifying such patients and will then certify to the Alabama Department of Public Health that such has been accomplished.

(d) Reviews by an ERP shall be conducted in an informal manner without the application of strict rules of evidence. The presiding officer shall have the responsibility for executing the procedures required to make a determination.

(e) Reviews before an ERP shall not be open to the public and the findings thereof shall be confidential.

(f) After reviewing the evidence the ERP shall make necessary findings of fact and recommendations to the SHO. Such recommendations shall be made by majority vote of the ERP. Each member of the ERP, including the representative from each affected institution, will have one vote. The concurring or dissenting opinions will be noted and reported with the reasons therefor.

(g) The majority finding and recommendation with all dissenting or concurring opinions shall be compiled and signed by the presiding officer noting the vote on such and reported to the SHO.

Ala. Admin. Code r. 420-4-3-.07

New Rule: November 18, 1994; effective December 23, 1994. Amended: Filed November 17, 1995; effective December 22, 1995.

Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 07, April 29, 2016, eff. 6/4/2016.

Authors: John Wible, General Counsel, Alabama Department of Public Health, Mary G. Mclntyre, MD, Assistant State Health Officer for Disease Control and Prevention

Statutory Authority:Code of Ala. 1975, §§ 22-2-2 (6), 22-11A-2, 22-11A-7, 22-11A-13, 22-11A-14(g), 22-11A-70.