Section 1200-14-05-.06 - PROCEDURE FOR REQUESTING MEDICAL RECORDS(1) An ERE may submit a request for a determination as to whether the ERE has been exposed to an infectious disease as defined herein during the course of assigned job duties. The request shall be submitted to the ERE employer's Designated Exposure Control Officer (DECO), or county medical examiner.(2) The Designated Exposure Control Officer (DECO) or county medical examiner is responsible for collecting the facts regarding the circumstances of the potential exposure, as well as evaluating the situation to determine whether or not exposure could have occurred. If a significant exposure clearly and unquestionably occurred, the ERE should be referred promptly to his/her private health provider for proper evaluation and management.(3) If the Designated Exposure Control Officer or county medical examiner determines that exposure could possibly have occurred, that individual will send to any relevant medical facility or health care provider a signed written request for assistance in determining whether or not the ERE has been exposed to one or more of the diseases described in section 1200-14-5-.04 of these rules in the course of providing services for the named injury or illness victim. If the DECO or county medical examiner cannot determine the risk of exposure, the local health officer should be consulted for assistance in making such determination. All such requests shall be kept confidential by the recipient of the request.(4) Upon receipt of a proper request in writing for patient information needed to determine if the victim had such infection and could have transmitted it to the ERE, a medical facility or health care provider shall provide the information to the requesting authority no later than 48 hours after receipt of the request. The information which may consist of a summary statement of facts or a valid copy of pertinent components of existing records shall be marked "confidential".(5) When replying to an exposure determination request, the response of the medical facility or the health care provider shall contain the name of the infectious disease to which exposure may have occurred and the date on which the potentially infectious patient was a patient of the facility or the provider.(6) The DECO or county medical examiner shall inform the requesting ERE of the nature of the risk of exposure or infection and recommend appropriate follow-up action.(7) Any costs related to the provision of the requested medical information shall be paid by the entity for which the ERE was performing the emergency services.Tenn. Comp. R. & Regs. 1200-14-05-.06
Original rule filed August 4, 1998; effective October 18, 1998.Authority: T.C.A. §§ 4-3-1803(1),(10), 4-5-209, 68-5-103, 68-10-109, and 68-10-117.