HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/STATE/IDA-ALL.ASC

Text File | 1993-01-14 | 29KB | 567 lines

/* The HIV related laws for the state Idaho follow. Idaho
addresses anatomical parts, criminal, victim, inmate, and
premarital testing; and the criminality of knowingly exposing
others or advertising cures.  References are to the Idaho Code.
*/



DOMESTIC RELATIONS - CHAPTER 4 MARRIAGE LICENSES, CERTIFICATES,
AND RECORDS

32-412A.  Educational pamphlet and self administered confidential
risk appraisal on possible AIDS exposure. - Before any county
recorder may issue a marriage license, each male and female
applicant therefor shall be provided with a confidential AIDS
educational pamphlet prepared by the state department of health
and welfare and provided to the county recorder by the department
of health and welfare. The educational pamphlet shall contain
information describing how AIDS can be contracted, what some of
the symptoms of the disease are, what the effects of the disease
are, and what can be done to prevent exposure to the disease.

Each applicant shall certify to the county recorder that he or
she has read the educational pamphlet or has had the educational
pamphlet read to them.

The confidential questionnaire shall be designed so that an
answer to the various questions will indicate to the marriage
license applicant his or her potential past exposure to
situations, conditions, or procedures that are medically known to
have caused AIDS.

The questionnaire shall state that the results of the
questionnaire are confidential to the applicant, but that if any
of the answers indicate that he or she is in the general
population at risk for developing AIDS, he or she should contact
a physician, or the district health department, or the state
department of health and welfare.



CHAPTER 37 - Anatomical Tissue, Organ, Fluid Donations

39-3702.  Exclusion or modification of warranties on anatomical
tissue, organ, fluid donation services. - The procurement,
processing, storage, distribution, or use of whole blood, plasma,
blood products, blood derivatives, bodily tissue, tissue
products, organs, parts of organs or products derived therefrom
for the purpose of injecting, transfusing or transplanting the
same, or any of them, into the human body for any purpose
whatsoever is declared to be the rendering of a service by any
person or entity (except a paid blood, organ or tissue donor, or
a blood, organ or tissue bank operated for profit) participating
therein and does not constitute a sale. whether or not any
consideration is given therefor, and the implied warranties of
merchantability and fitness for a particular purpose shall not be
applicable as to a defect that cannot be detected or removed by
reasonable use of standard established scientific procedures or
techniques, except such person or entity shall remain liable for
his or its own negligence or willful misconduct only.

39-3703.  Anatomical parts control. - No anatomical parts of
human bodies, including whole blood, plasma, blood products,
blood derivatives, body tissue, organs, parts of organs or
products derived therefrom, and including semen, ova and embryos,
shall be used for any purpose of injecting, transfusing or
transplanting into a human body unless such anatomical parts or
the donor have been examined for acquired immunodeficiency
syndrome (AIDS), AIDS related complexes (ARC), or other
manifestations of human immunodeficiency virus (HIV) infection,
and a test is negative for the presence of HIV antibodies or
antigens.

The director of the department of health and welfare shall
promulgate rules to fully implement the requirements of this
section.

39-4303A.  Blood testing. - (a) A physician may pursuant to
section 39-4303(c), Idaho Code, consent to ordering tests of a
patient's or a deceased person's blood or other body fluids for
the presence of blood-transmitted or body fluid-transmitted
viruses or diseases without prior consent of the patient if:

(1)  There has been or is likely to be a significant exposure to
the patient's or a deceased person's blood or body fluids by a
person providing emergency or medical services to such patient
which may result in the transmittal of a virus or disease; and

(2)  The patient is unconscious or incapable of giving informed
consent and the physician is unable to obtain consent from the
patient's parents, spouse, guardian or competent relative under
the requirements of subsections (a) and (b) of section 39-4303,
Idaho Code.

(b)  The department of health and welfare shall promulgate rules
and regulations identifying the blood-transmitted or body fluid-
transmitted viruses or diseases for which blood tests or body
fluid tests can be ordered under this section and defining the
term "significant exposure" as provided in this section.

(c)  Results of tests conducted under this section which confirm
the presence of a blood-transmitted or body fluid-transmitted
virus or disease shall be reported to the director of the
department of health and welfare in the name of the patient or
deceased person. The department records containing such test
results shall be used only by public health officials who must
conduct investigations. The exposed person shall only be informed
of the results of the test, and shall not be informed of the name
of the patient or deceased person. Protocols shall be established
by hospitals to maintain confidentiality while disseminating the
necessary test result information to persons who may have a
significant exposure to blood or other body fluids and to
maintain records of such tests to preserve the confidentiality of
the test results. Any person who willfully or maliciously
discloses the results of a test conducted under this section,
except pursuant to a written authorization by the person whose
blood was tested or by the person's authorized representative, or
as otherwise authorized by law, shall be guilty of a misdemeanor.


39-4304.  Sufficiency of consent. - Consent for the furnishing of
hospital, medical, dental or surgical care, treatment or
procedures shall be valid in all respects if the person giving it
is sufficiently aware of pertinent facts respecting the need for,
the nature of and the significant risks ordinarily attendant upon
such a patient receiving such care, as to permit the giving or
withholding of such consent to be a reasonably informed decision.
Any such consent shall be deemed valid and so informed if the
physician or dentist to whom it is given or by whom it is secured
has made such disclosures and given such advice respecting
pertinent facts and considerations as would ordinarily be made
and given under the same or similar circumstances, by a like
physician or dentist of good standing practicing in the same
community. As used in this section, the term "in the same commu
nity" refers to that geographical area ordinarily served by the
licensed general hospital at or nearest to which such consent is
given.

CHAPTER 6
CONTROL OF VENEREAL DISEASES
39-601.   Venereal diseases enumerated. - Syphilis, gonorrhea, ac
quired immunodeficiency syndrome (AIDS), AIDS related complexes
(ARC), other manifestations of HIV (human immunodeficiency virus)
infections, chancroid and hepatitis B virus (HBV) infections,
hereinafter designated as venereal diseases, are hereby declared
to be contagious, infectious, communicable and dangerous to
public health; and it shall be unlawful for anyone infected with
these diseases or any of them to knowingly expose another person
to the infection of such diseases.



39-601A. Policy on expenditures. - It is the intent of the
legislature that governmental authorities shall be required to
provide those services authorized or mandated by law for
treatment or testing for the diseases enumerated in section 39-
601, Idaho Code, only to the extent of funding and available
resources appropriated.



39-602.   Report of venereal disease to health authorities. - Any
physician or other person who makes a diagnosis of or treats a
case of venereal disease, and any superintendent or manager of a
hospital, dispensary or charitable or penal institution, in which
there is a case of venereal disease, shall immediately make a
report of such case to the department of health and welfare,
according to such form and manner as the state board of health
and welfare shall direct.



39-603.   Examination, treatment, and quarantine - Repression of
prostitution. - State, county and municipal health officers, or
their authorized deputies, within their respective jurisdiction,
are hereby directed and empowered, when in their judgment it is
necessary to protect the public health, to make examinations, or
have examinations made by competent physician, of persons
reasonably suspected of being infected with venereal disease, and
to require persons infected with venereal disease to report for
treatment to a reputable physician and continue treatment until
cured, or to submit to treatment provided at public expense until
cured, and also, when in their judgment it is necessary to
protect the public health, to isolate or quarantine persons
affected with venereal disease. It shall be the duty of all local
and state health officers to investigate sources of infection of
venereal diseases, to cooperate with the proper officials whose
duty it is to enforce laws directed against prostitution, and
otherwise to use every proper means for the repression of
prostitution.



39-604.   Confined and imprisoned persons - Examination, treat
ment, and quarantine - Victims of sexual offenses - Access to of
fenders' test results, testing for HIV, counseling and referral
services. - (1) All persons who shall be confined or imprisoned
in any state prison facility in this state shall be examined for
on admission, and again before release, and, if infected, treated
for the diseases enumerated in section 39-601, Idaho Code, and
this examination shall include a test for HIV antibodies or
antigens. This examination is not intended to limit any usual or
customary medical examinations that might be indicated during a
person's imprisonment. Nothing herein contained shall be
construed to interfere with the service of any sentence imposed
by a court as a punishment for the commission of crime.

(2)  All persons who shall be confined in any county or city jail
may be examined for and, if infected, treated for the venereal
diseases enumerated in section 39-601, Idaho Code, if such
persons have, in the judgment of public health authorities and
the jailer, been exposed to a disease enumerated in section 39-
601, Idaho Code.

(3)  All persons who shall be confined in any county or city jail
and who are charged with sex offenses, drug related charges,
prostitution or other charges as recommended by public health
authorities shall be tested for the venereal diseases enumerated
in section 39-601, Idaho Code.

(4)  If a person is charged with a violation of the provisions of
section 18-1506, 18-1508, 18-6101 or 18-6108, Idaho Code, and is
tested as required in subsection (3) of this section, the results
of the test shall be revealed to the court upon its request. Upon
application to the court by the victim(s), or if the victim(s) is
a minor, by the minor's parent, guardian, or legal custodian, the
court may release the results of the test if the court determines
the health or safety of the victim(s) may be threatened. The
court may impose such conditions on the release of the test
results as the court deems necessary and just. Whenever a
prisoner tests positive for HIV antibodies or antigens, the
victim(s) of said prisoner shall be entitled to counseling
regarding HIV, HIV testing in accordance with applicable law, and
referral for appropriate health care and support services. Said
counseling, HIV testing and referral services shall be provided
to the victim(s) by the district health departments at no charge
to the victim(s). Provided however, the requirement to provide
referral services does not, in and of itself, obligate the
district health departments to provide or otherwise pay for a vic
tim's health care or support services. Any court, when releasing
test results to a victim(s), or if the victim(s) is a minor, to
the minor's parent, guardian, or legal custodian, shall explain
or otherwise make the victim(s) or the victim's parent, guardian,
or legal custodian, aware of the services to which the victim(s)
is entitled as described herein.

(5)  Responsibility for the examination, testing and treatment of
persons confined in county or city jails shall be vested in the
county or city that operates the jail. The county or city may
contract with the district health departments or make other
arrangements for the examination, testing and treatment services.
The district health department or other provider may charge and
collect for the costs of such examination and treatment, as
follows:

(a)  When the prisoner is a convicted felon awaiting transfer to
the board of correction, or when the prisoner is a convicted
felon being confined in jail pursuant to a contract with the
board of correction, the board of correction shall reimburse such
costs;

(b)  When the prisoner is awaiting trial after an arrest by any
state officer, the state agency employing such arresting officer
shall reimburse such costs;

(c)  When the prisoner is being held for any other authority or
jurisdiction, including another state, the authority or
jurisdiction responsible shall reimburse such costs unless
otherwise provided for by contract.



39-605.   Rules for carrying out law. - The state board of health
and welfare is hereby empowered and directed to make such rules
as shall, in its judgment, be necessary for the carrying out of
the provisions of this chapter, including rules providing for the
control and treatment of persons isolated or quarantined under
the provisions of section 39-603, Idaho Code, and such other
rules, not in conflict with provisions of this chapter, con
cerning the control of venereal diseases, and concerning the
care, treatment and quarantine of persons infected therewith, as
it may from time to time deem advisable. All such rules so made
shall be of force and binding upon all county and municipal
health officers and other persons affected by this chapter, and
shall have the force and effect of law. Such rules may be amended
from time to time by the state board of health and welfare. All
rules must be entered on the minutes of the state board of health
and welfare and copies shall be furnished to all county and
municipal health officers and to anyone else who may apply for
same. Such rules shall be adopted and become effective in
accordance with the provisions of chapter 52, title 67, Idaho
Code.



39-606. Reports. - Reports to the director of the department of
health and welfare of the existence of diseases included in this
chapter shall be made by the name of the patient being treated
for such disease. It is the intent of this chapter to observe all
possible secrecy for the benefit of the sufferer so long as the
said sufferer conforms to the requirements of this chapter.
Confidential disease reports containing patient identification re
ported under this section shall only be used by public health
officials who must conduct investigations and shall be subject to
disclosure according to chapter 3, title 9, Idaho Code. Any
person who willfully or maliciously discloses the content of any
confidential public health record, as described herein to any
third party, except pursuant to a written authorization by the
person who is the subject of the record or by his or her guardian
or conservator, or as otherwise authorized by law, shall be
guilty of a misdemeanor.



39-607.   Penalties for violations. - Any person who shall
violate any lawful rule or regulation made by the state board of
health and welfare, pursuant to the authority herein granted, or
who shall fail or refuse to obey any lawful order issued by any
public health authority, pursuant to the authority granted in
this chapter, or any person who, knowing that he or she is
infected with syphilis, gonorrhea or chancroid, exposes another
person to the infection of such disease, shall be deemed guilty
of a misdemeanor, and shall be punished, on conviction thereof,
by a fine of not more than three hundred dollars ($300) or by
imprisonment in the county jail for not more than six (6) months;
or by both such fine and imprisonment.



39-608. Transfer of body fluid which may contain the HIV virus -
Punishment - Definitions - Defenses. - (1) Any person who exposes
another in any manner with the intent to infect or, knowing that
he or she is or has been afflicted with acquired immunodeficiency
syndrome (AIDS), AIDS related complexes (ARC), or other
manifestations of human immunodeficiency virus (HIV) infection,
transfers or attempts to transfer any of his or her body fluid,
body tissue or organs to another person is guilty of a felony and
shall be punished by imprisonment in the state prison for a
period not to exceed fifteen (15) years, by fine not in excess of
five thousand dollars ($5,000), or by both such imprisonment and
fine.

(2)  Definitions. As used in this section:

(a)  "Body fluid" means semen (irrespective of the presence of
spermatozoa), blood, saliva, vaginal secretion, breast, milk, and
urine.

(b)  "Transfer" means engaging in sexual activity by genital-
genital contact, oral-genital contact, anal-genital contact; or
permitting the use of a hypodermic syringe, needle, or similar
device without sterilization; or giving, whether or not for
value, blood, semen, body tissue, or organs to a person, blood
bank, hospital, or other medical care facility for purposes of
transfer to another person.

(3) Defenses:

(a) Consent. It is an affirmative defense that the sexual
activity took place between consenting adults after full
disclosure by the accused of the risk of such activity.

(b) Medical advice. It is an affirmative defense that the
transfer of body fluid, body tissue, or organs occurred after
advice from a licensed physician that the accused was
noninfectious.



39-609.   Declaration of policy. - The legislature hereby
declares that infection with human immunodeficiency virus, the
virus which causes acquired immune deficiency syndrome (AIDS), is
an infectious and communicable disease that endangers the
population of this state. The legislature further declares that
reporting of HIV infection to public health officials is
essential to enable a better understanding of the disease, the
scope of exposure, the impact on the community, and the means of
control and that efforts to control the disease should include
public education, counseling, and voluntary testing and that
restrictive enforcement measures should be used only when
necessary to protect the public health. It is hereby declared to
be the policy of this state that an effective program of
preventing AIDS must maintain the confidentiality of patient
information and restrict the use of such information solely to
public health requirements. This confidentiality is essential so
that infected persons are encouraged to reveal their condition to
persons who have a legitimate need to know in order that they may
assist the patient. Conversely, there is a need for certain
individuals to know of the patient's condition so that they may
be protected from the disease or protect themselves and others
closely associated with them or with the patient. The legislature
believes that the balancing of the need to know by certain
individuals in relationship to the need to maintain confi
dentiality to encourage reporting is essential to control the
spread of the disease. This balancing cannot be fully codified in
statutory law and must be left to the judgment and discretion of
public health officials. If in the judgment of public health
authorities an imminent danger to the public health exists due to
an individual having a disease enumerated in section 39-601,
Idaho Code, public health authorities shall take such action as
is authorized in this chapter and as is necessary to prevent
danger to the public health. Persons who have a legitimate need
to know may include health care personnel, doctors, nurses,
dentists, persons providing emergency medical services,
morticians, lab technicians and school authorities. This is not
intended to limit the usual and customary exchange of information
between health care providers.

39-610.   Disclosure of HIV and HBV reporting information. -(1)
Confidential public health record as described in section 39-606.
Idaho Code, shall be subject to disclosure according to chapter
3, title 9, Idaho Code, shall not be discoverable, and shall not
be compelled to be produced in any civil or administrative
hearing.

(2)  State or local health authorities may contact and advise
those persons who, in the judgment of health authorities, have
been exposed to the HIV (human immunodeficiency virus) or
hepatitis B (HBV) infections.

(3)  The department of health and welfare shall, in a manner
established by rules and regulations, accept from persons
involved in providing emergency or medical services reports of
significant exposures to the blood or body fluids of a patient or
deceased person. The department of health and welfare shall
promulgate rules and regulations defining the term "significant
exposure" as used in this section. Upon receipt of a report made
pursuant to section 39-602, Idaho Code, confirming the presence
of HIV or HBV virus in a patient or a deceased person, the
director of the department of health and welfare, or his
designee, shall immediately contact and advise any and all
persons who, on the basis of information then or thereafter
reported to the department, have had a significant exposure to
the blood or body fluids of that infected patient or deceased
person. The significantly exposed person shall be informed only
that he may have been exposed to HIV or HBV, as the case may be,
and thereafter advised of whatever prophylactic and testing
procedures are appropriate. The significantly exposed person
shall not be informed of the name of the infected patient or
deceased person. Additionally, the department of health and
welfare shall, to the greatest extent consistent with public
health requirements, maintain the confidentiality of the identity
of the significantly exposed person.

(4)  Public health authorities may disclose personally
identifying information in public health records, as described in
section 39-606, Idaho Code to other local or state public health
agencies when the confidential information is necessary to carry
out the duties of the agency in the investigation, control and
surveillance of disease, as determined by the state board of
health and welfare, or as otherwise authorized by law.

(5)  Nothing in this chapter imposes liability or criminal
sanction for disclosure or nondisclosure of the results of a
blood test to detect HIV or HBV virus in accordance with any
reporting requirements of the department of health and welfare.



39-701.   Advertising treatments or cures unlawful. - It shall be
unlawful for any person to publish or cause to be published, to
deliver or distribute or cause to be delivered or distributed in
any manner whatsoever, or to post, or display, or to permit to be
posted, displayed, or to remain on any buildings, windows, or
outhouses, or premises or other surface owned or controlled by
him in the state of Idaho, or to have displayed in or on any
window or place where the same could be read by passersby or the
public, any advertisement, label, statement, print, or writing
which refers to any person or persons from whom, or to any means
by which, or to any office or place at which may be obtained any
treatment or cure of syphilis, gonorrhea, chancroid, lost
manhood, sexual weakness, lost vitality, impotency, seminal
emissions, gleet, varicocele, or self-abuse, whether described by
such names, words, terms, or phrases, or by any other names,
words, terms, or phrases, calculated or intended to convey to the
reader the idea that any of said diseases, infirmities,
disabilities, conditions, or habits are meant or referred to, or
which refers to any medicine, article, device or preparation that
may be used for the treatment, cure, or prevention of any of the
diseases, infirmities, disabilities, conditions or habits
mentioned in this chapter.



72-438.   Occupational diseases. - Compensation shall be payable
for disability or death of an employee resulting from the
following occupational diseases:

(1)  Poisoning by lead, mercury, arsenic, zinc, or manganese,
their preparations or compounds in any occupation involving
direct contact therewith, handling thereof, or exposure thereto.

(2)  Carbon monoxide poisoning or chlorine poisoning in any
process or occupation involving direct exposure to carbon
monoxide or chlorine in buildings, sheds, or inclosed places.

(3)  Poisoning by methanol, carbon bisulphide, hydrocarbon
distillates (naphthas and others) or halogenated hydrocarbons, or
any preparations containing these chemicals or any of them, in
any occupation involving direct contact therewith, handling
thereof, or exposure thereto.

(4)  Poisoning by benzol or by nitro, amido, or amino-derivatives
of benzol (dinitro-benzol, anilin and others) or their
preparations or compounds in any occupation involving direct
contact therewith, handling thereof, or exposure thereto.

(5)  Glanders in the care or handling of any equine animal or the
carcass of any such animal.

(6)  Radium poisoning by or disability due to radioactive
properties of substances or to Roentgenray (X-ray) in any
occupation involving direct contact therewith, handling thereof?
or exposure thereto.

(7)  Poisoning by or ulceration from chromic acid or bichromate
of ammomum, potassium, or sodium or their preparations, or
phosphorus preparations or compounds, in any occupation involving
direct contact therewith, handling thereof, or exposure thereto.

(8)  Ulceration due to tar, pitch, bitumen, mineral oil, or
paraffin, or any compound product, or residue of any of these
substances, in any occupation involving direct contact therewith,
handling thereof? or exposure thereto.

(9)  Dermatitis venenata, that is, infection or inflammation of
the skin, furunculosis excepted, due to oils, cutting compounds,
lubricants, liquids, fumes, gases, or vapors in any occupation
involving direct contact therewith, handling thereof or exposure
thereto.

(10) Anthrax occurring in any occupation involving the handling
of or exposure to wool, hair, bristles, hides, skins, or bodies
of animals either alive or dead.

(11) Silicosis in any occupation involving direct contact with,
handling of, or exposure to dust of silicon dioxide (SiO2).

(12) Cardiovascular or pulmonary or respiratory diseases of a
paid fireman, employed by a municipality, village or fire
district as a regular member of a lawfully established fire
department, caused by overexertion in times of stress or danger
or by proximate exposure or by cumulative exposure over a period
of four (4) years or more to heat, smoke, chemical fumes or other
toxic gases arising directly out of and in the course of his
employment.

(13) Acquired immunodeficiency syndrome (AIDS), AIDS related com
plexes (ARC), other manifestations of human immunodeficiency
virus (HIV) infections, and hepatitis B virus (HBV) infections in
any occupation involving exposure to human blood or body fluids.

Recognizing that additional toxic or harmful substances or matter
are continually being discovered and used or misused, the above
enumerated occupational diseases are not intended to be
exclusive, but such additional diseases shall not include hazards
which are common to the public in general and which are not
within the meaning of section 72-1O2(18)(a), Idaho Code, and the
diseases enumerated in subsection (12) pertaining to paid firemen
shall not be subject to the limitations prescribed in section 72-
439, Idaho Code.