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TENNESSEE STATUTES AND CODES

68-11-222 - Acquired immune deficiency syndrome (AIDS) Policies.

68-11-222. Acquired immune deficiency syndrome (AIDS) Policies.

(a)  All acute care hospitals, birthing centers, prescribed child care centers, and ambulatory surgical treatment centers in Tennessee licensed pursuant to the provisions of this part shall adopt, in the discretion of the institution and in consultation with the institution's medical staff, appropriate policies regarding the testing of patients and staff for human immunodeficiency virus (HIV) and any other identified causative agent of acquired immune deficiency syndrome (AIDS).

(b)  Acting in consultation with the department of health, the following state entities shall promulgate rules requiring the respective facilities and persons, regulated by such state entities, to adopt and appropriately utilize universal precautions for prevention of HIV transmission:

     (1)  Board for licensing health care facilities, created under § 68-11-202;

     (2)  Board of dentistry, created under § 63-5-101;

     (3)  Board of medical examiners, created under § 63-6-101;

     (4)  Board of medical examiners' committee on physician assistants, created under § 63-19-103;

     (5)  Board of nursing, created under § 63-7-201;

     (6)  Board of occupational therapy, created under § 63-13-216;

     (7)  Board of optometry, created under § 63-8-103;

     (8)  Board of osteopathic examination, created under § 63-9-101;

     (9)  Board of physical therapy, created under § 63-13-318; and

     (10)  Board of registration in podiatry, created under § 63-3-103.

(c)  (1)  In the event that an employee of a health care facility or an inpatient mental health facility licensed under title 33, a student studying at the health care facility or inpatient mental health facility licensed under title 33 or other care provider that renders services at the healthcare facility or inpatient mental health facility licensed under title 33 is exposed to the blood or other body fluid of a patient, the facility may require that patient's blood to be tested for the presence of the hepatitis B virus and the HIV/AIDS virus.

     (2)  Such testing shall be performed at no charge to the patient and the results of such testing shall be confidential.

[Acts 1989, ch. 447, § 1; 1993, ch. 264, §§ 1-3; 1993, ch. 340, § 1; 1996, ch. 674, § 11; 2000, ch. 981, § 94; 2007, ch. 115, § 12; 2008, ch. 848, § 1.]  

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