HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/STATE/OKLA.ASC

Text File | 1993-01-14 | 32KB | 690 lines

/* OKLAHOMA has passed laws for education, testing, and
counseling; disease prevention and control; blood and organ
donation testing; and testing inmates and prostitutes. */





 1031.  Punishment for violations -- Knowingly engaging in
prostitution while infected with HIV

A.   Any person violating any of the provisions of Sections 1028,
1029 or 1030 of this title shall be guilty of a misdemeanor and,
upon conviction, shall be imprisoned in the county jail for not
less than thirty (30) days nor more than one (1) year; and the
court in which any such conviction is had shall notify the county
superintendent of public health of such conviction.

B.   Any person who engages in an act of prostitution with
knowledge that they are infected with the human immunodeficiency
virus shall be guilty of a felony punishable by imprisonment in
the custody of the Department of Corrections for not more than
five (5) years.



 1192.1.  Knowingly engaging in conduct reasonably likely to
transfer HIV virus -- Penalties

A.   It shall be unlawful for any person knowing that he or she
has Acquired Immune Deficiency Syndrome (AIDS) or is a carrier of
the human immunodeficiency virus (HIV) and with intent to infect
another, to engage in conduct reasonably likely to result in the
transfer of the person's own blood, bodily fluids containing
visible blood, semen, or vaginal secretions into the bloodstream
of another, or through the skin or other membranes of another
person, except during in utero transmission of blood or bodily
fluids, and:

1.   the other person did not consent to the transfer of blood,
bodily fluids containing blood, semen, or vaginal secretions; or

2.   the other person consented to the transfer but at the time
of giving consent had not been informed by the person that the
person transferring such blood or fluids had AIDS or was a
carrier of HIV.

B.   Any person convicted of violating the provisions of this
section shall be guilty of a felony, punishable by imprisonment
in the custody of the Department of Corrections for not more than
five (5) years.



     3-425.1.  HIV education, testing and counseling services.

Every approved treatment facility in this state shall:

1.   provide Human Immunodeficiency Virus (H.I.V.) infection
education sessions to drug-dependent persons in such facility and
shall make said education sessions available to the spouses or
other sexual partners of such persons as part of its treatment
program for drug-dependent persons; and

2.   refer all drug-dependent persons in its program for Human
Immunodeficiency Virus (H.I.V.) infection testing and counseling.
The treatment facility shall provide assistance as necessary to
enable drug-dependent persons in its program to receive said
testing and counseling services and may enter into a contract
with a public or private organization for the provision of
testing or counseling services at the treatment facility site.
The results of individual tests shall be maintained in a
confidential manner as required by state and federal law.



 51.1.  Persons with Acquired Immune Deficiency Syndrome (AIDS) -
- Violation of  1192.1 of title 21-Transfer to Department of
Corrections for extended medical care

Any person who has the Acquired Immune Deficiency Syndrome (AIDS)
disease who is confined in the county jail in violation of
Section 1192.1 of Title 21 of the Oklahoma Statutes, whether
convicted or pending trial, may be transferred to the Department
of Corrections for extended medical care for the duration of the
sentence imposed or pending trial. At the request of the medical
officer, physician or surgeon employed by said jail, the county
sheriff shall make application to the Department of Corrections
for a transfer of the person and the Department of Corrections
may accept the person under the following conditions:

1.   The person's right to a speedy trial is not delayed by the
transfer to a state facility;

2.   The person's right to confer with legal counsel is not
restricted by the transfer to a state facility;

3.   The county agrees to a mutual exchange of inmates from the
Department of Corrections for the medical care and custody of the
person to be transferred;

4.   The medical care or custody of the person is necessary to
preserve the health and safety of the public, the inmates of the
county jail or the person being transferred;

5.   The person to be transferred may be adequately treated in
the state facility; and

6.   The state facility has medical bed space available for the
person.

 396.27.  Notifying employees of risk exposure to communicable
diseases - Universal precautions

A.   Each funeral director shall notify employees concerning risk
exposures pursuant to Section 1 of this act  and the rules and
guidelines promulgated by the State Board of Health.

B.   Each funeral director and each employee of such funeral
director shall adhere to the universal precautions for the
prevention of the transmission of communicable diseases published
by the Centers for Disease Control, U.S. Public Health Service,
in the Morbidity and Mortality Weekly Report, Volume 36, Number
2S or as subsequently amended, during the handling of any body.



 1-502.1.  Communicable diseases -- Universal precautions --
rules and regulations -- Risk exposure

A.   All agencies and organizations that regularly employ
emergency medical technicians, paramedics, fire fighters, peace
officers, as defined in Section 648 of Title 21 of the Oklahoma
Statutes, correctional officers and employees, or health care
workers, all mental health or mentally retarded treatment or
evaluation programs that employ persons involved with providing
care for patients, the J.D. McCarty Center for Children with
Developmental Disabilities, and all juvenile institutions of the
Department of Human Services shall implement the universal
precautions for the prevention of the transmission, of
communicable diseases published by the Centers for Disease
Control, U.S. Public Health Service, in the Morbidity and
Mortality Weekly Report, Volume 36, Number 25 or as subsequently
amended.

B.   The State Board of Health shall promulgate rules and
guidelines that will implement a system of notification of
emergency medical technicians, paramedics, fire fighters, health
care workers, funeral directors and peace officers relating to
risk exposures during health care activities, emergency response
activities or funeral preparations.  Risk exposure shall be
defined by the State Board of Health to be exposure that is
epidemiologically demonstrated to have the potential for transmit
ting a communicable disease.

C.   The Mental Health Board, Commission for Human Services,
Oklahoma Cerebral Palsy Commission, and State Board of
Corrections shall each promulgate rules, guidelines or policies
to provide for such notification of risk exposures to persons
employed by such agencies.



 1-502.2.  Certain information to be confidential -- Circum
stances under which release permissible -- Written consent
defined -- Multidisciplinary advisory committee on HIV/HIB-
infected health care workers -- Wrongful disclosure of certain
information

A.   Unless otherwise provided by law, all information and
records which identify any person who has or may have any
communicable or venereal disease which is required to be reported
pursuant to Sections 1-501 through 1-532.1 of this title and
which are held or maintained by any state agency, health care
provider or facility, physician, health professional, laboratory,
clinic, blood bank, funeral director, third party payor, or any
other agency, person, or organization in the state shall be
confidential. Any information authorized to be released pursuant
to paragraphs 1 through 7 of this subsection shall be released in
such a way that no person can be identified unless otherwise
provided for in such paragraph or by law. Such information shall
not be released except under the following circumstances:

1.   Release is made upon court order;

2.   Release is made in writing, by or with the written consent
of the person whose information is being kept confidential or
with the written consent of the legal guardian or legal custodian
of such person, or if such person is a minor, with the written
consent of the parent or legal guardian of such minor;

3.   Release is necessary as determined by the State Department
of Health to protect the health and well-being of the general
public. Any such order for release  by the Department and any
review of such order shall be in accordance with the procedures
specified in Sections 309 through 323 of Title 75 of the Oklahoma
Statutes. Only the initials of the person whose information is
being kept confidential shall be on public record for such
proceedings unless the order by the Depart. ment specifies the
release of the name of such person and such order is not appealed
by such person or such order is upheld by the reviewing court;

4.   Release is made of medical or epidemiological information to
those persons who have had risk exposures pursuant to Section 1-
502.1 of this title;

5.   Release is made of medical or epidemiological information to
health professionals, appropriate state agencies, or district
courts to enforce the provisions of Sections 1-501 through 1-
532.1 of this title and related rules and regulations concerning
the control and treatment of communicable or venereal diseases;

6.   Release is made of specific medical or epidemiological
information for statistical purposes in such a way that no person
can be identified; or

7.   Release is made of medical information among health care
providers, their agents or employees, within the continuum of
care for the purpose of diagnosis and treatment of the person
whose information is released.  This exception shall not
authorize the release of confidential information by a state
agency to a health care provider unless such release is otherwise
authorized by this section.

B.   For the purposes of this section only, the words "written
consent" shall mean that the person whose information is required
to be kept confidential by this section or the person legally
authorized to consent to release by this section has been
informed of all persons or organizations to whom such information
may be released or disclosed by the specific release granted.
Releases granted pursuant to paragraph 2 of subsection A of this
section shall include a notice in bold typeface that the
information authorized for release may include records which may
indicate the presence of a communicable or venereal disease which
may include, but are not limited to, diseases such as hepatitis,
syphilis, gonorrhea and the human immunodeficiency virus, also
known as Acquired Immune Deficiency Syndrome (AIDS).  Consent
obtained for release of information, pursuant to paragraph 2 of
subsection A of this section, shall not be considered valid
unless prior to consent, the person consenting to the release was
given notice of the provisions for release of confidential
information pursuant to this section.

C.   1.  The State Department of Health may convene a
confidential meeting of a multidisciplinary team for
recommendation on school placement of a student who is infected
with the human immunodeficiency virus. The multidisciplinary team
shall include, but not be limited to the following:

a.  the parent, parents, legal representative, or legal guardian
or legal custodian of the student;

b.  the physician of the student;

c.  a representative from the superintendent's office of the
affected school district;

d.  a representative from the State Department of Education; and

e.  a representative from the State Department of Health.

Each member of the team shall be responsible for protecting the
confidentiality of the student and any information made available
to such person as -a member of the team. The multidisciplinary
team shall be exempt from the requirements of Sections 301
through 314 of Title 25 of the Oklahoma Statutes and Sections
24A.1 through 24A.19 of Title 51 of the Oklahoma Statutes.

2.  Each member of the local school board having jurisdiction
over the student shall also be responsible for protecting the
confidentiality of the student and any information made available
to such person as a school board member.

D.   The State Department of Health may convene a confidential
meeting of a multidisciplinary advisory committee to make
recommendations regarding the practice of health care workers who
are infected with the human immunodeficiency virus (HIV) or
hepatitis B (HBV), who may be performing exposure-prone
procedures. The membership of the multidisciplinary advisory
committee shall include, but not be limited to, the following:

1.   The Commissioner of Health or her designee;

2.   Legal counsel to the Commissioner of Health;

3.   The state epidemiologist or his designee;

4.   An infectious disease specialist with expertise in HIV/HBV
infection; and

5.   Two practicing health care workers from the same discipline
as the HIV/HBV-infected health care worker.



In addition, the health care worker being discussed, and/or an
advocate, and the personal physician of the health care worker
being discussed shall be invited to the multidisciplinary
advisory committee meeting. Discussion of the case shall be made
without using the actual name of the health care worker.  Each
member of the multidisciplinary advisory committee shall be
responsible for protecting the confidentiality of the HIV/HBV-
infected health care worker and the confidentiality of any
information made available to such person as a member of the
multidisciplinary advisory committee. The multidisciplinary
advisory committee shall be exempt from the requirements of the
Open Meetings Act, Section 301 et seq. of Title 25 of the
Oklahoma Statutes, and the Open Records Act, Section 24A.1 et
seq. of Title 51 of the Oklahoma Statutes.

E.   Upon advice of the multidisciplinary advisory committee, the
Commissioner of Health, or her designee, may notify an
appropriate official at the health care facility where the
HIV/HBV-infected health care worker practices that said health
care worker is seropositive for HIV and/or HBV. Notification
shall be made only when necessary to monitor the ability of the
HIV/HBV-infected health care worker to comply with universal
precautions and appropriate infection control practices, and/or
to monitor the ongoing functional capacity of the health care
worker to perform his or her duties.  Notification shall occur
through one of the following officials:

1.   The facility administrator;

2.   The hospital epidemiologist;

3.   The chairman of the infection control committee of the
facility; or

4.   The medical chief of staff of the facility.

F.   If the HIV/HBV-infected health care worker fails or refuses
to comply with the recommendations of the multidisciplinary
advisory committee, the Commissioner of Health, or her designee,
may take such actions as may be required to perform the duties
imposed by the laws of the State of Oklahoma, and may advise the
appropriate licensing board.

G.   Any person who negligently, knowingly or intentionally
discloses or fails to protect medical or epidemiological
information classified as confidential pursuant to this section,
upon conviction, shall be guilty of a misdemeanor punishable by
the imposition of a fine of not less than One Thousand Dollars
($1,000.00) or by imprisonment in the county jail for not more
than thirty (30) days, or by both such fine and imprisonment

H.   Any person who negligently, knowingly or intentionally
discloses or fails to protect medical or epidemiological
information classified as confidential pursuant to this section
shall be civilly liable to the person who is the subject of the
disclosure for court costs, attorneys fees, exemplary damages and
all actual damages, including damages for economic, bodily or
psychological harm which is proximately caused by the disclosure.



 1-502.3.  Persons withdrawing or testing blood for human im
munodeficiency virus (HIV) -- Civil and criminal liability --
Definitions

A.   No person who withdraws or tests blood for human
immunodeficiency virus or employer of such person for any
hospital or health care facility where blood is withdrawn or
tested for human immunodeficiency virus shall incur any civil or
criminal liability as a result of the proper withdrawal of blood
or testing for human immunodeficiency virus when acting in
compliance with the provisions of this section.  The withdrawal
or testing shall be performed in a reasonable manner, according
to generally accepted clinical practice. The person, employer or
facility shall be presented with:

1.   A written statement by the person whose blood is to be
withdrawn and tested; or

2.   A written statement from a health care or emergency care
worker verifying that the health care or emergency care worker in
an occupational setting has been exposed to the bodily fluids of
the person whose blood is to be withdrawn and tested, which
exposure placed the health care or emergency care worker at risk
for transfer of the bodily fluids; or

3.   An order from a court of competent jurisdiction that blood
be withdrawn and tested.

When presented with such a statement or court order, the person
authorized to withdraw the blood, the employer and the hospital
or other health care facility where the withdrawal or testing
occurs may rely on such statement or order as evidence that the
person has consented to or has been required to submit to the
clinical procedure and shall not be required to obtain any
additional consent, acknowledge ment or waiver form. In such
case, the person authorized to perform the procedure, the
employer of such person, and the hospital or other health care
facility shall not be liable in any action alleging lack of
consent or lack of informed consent.

B.   No person specified in this section shall incur any civil or
criminal liability for:

1.   Providing results of the testing to:

a.   the person whose blood was tested,

b.   the person incurring the exposure, or

c.   the State Department of Health or such agency it may
designate;

2.   Not providing the results of the testing to any other
person; or

3.   Failing to diagnose or falsely diagnosing the presence of
the human immunodeficiency virus where the procedure was
performed in a reasonable manner according to generally accepted
clinical practice.

C.   For the purposes of this section:

1.   "Bodily fluids" means fluids which have been medically
proven and medically accepted as transmitters or conductors 'of
human immunodeficiency virus; and

2.   "Health care worker" or "emergency care worker" means one of
the persons specified in subsection A of Section 1-502.1 of this
title.



 1-523.  Institutions----Treatment of infected inmates

Any and all institutions in this state, whether penal or
eleemosynary, and whether public or private, and free or for pay,
shall make, and preserve for a period of at least one (1) year, a
record showing the name, age, sex, color, nationality and place
of residence of all infected persons of the inmates of such
institution that may come to their knowledge, and shall submit
such record at all reasonable hours to the inspection of the
Commissioner of Health or local health officer.  All such institu
tions shall furnish a physician and all proper medicines,
instruments and apparatus for the proper treatment of such
infected persons. Each institution shall notify their
correctional officers when an inmate is infected with the human
immunodeficiency virus (HIV) or has the Acquired Immune
Deficiency Syndrome (AIDS) disease.



 1-524.  Prisoners---Examinations---Treatment---Quarantine---
Testing certain persons for venereal disease or human
immunodeficiency virus

A.   The keeper of any prison or penal institution in this state
shall cause to be examined every person confined in such prison
or penal institution, to determine whether such person is an
infected person.

B.   Any licensed physicians may examine persons who are arrested
by lawful warrant for prostitution, or other sex crimes not
specified in subsection C of this section, for the purpose of
determining if they are infected with a venereal disease or a
communicable disease including, but not limited to, the human
immunodeficiency virus (HIV). Any such examination shall be made
subsequent to arrest and if the examination is for the human
immunodeficiency virus, upon order of the court issued at the
arraignment of the arrested person.  Every person shall submit to
the examination and shall permit specimens to be taken for
laboratory examinations. Such person may be detained until the
results of the examination are known. The examination shall be
made by a licensed physician. A determination as to whether or
not the person is infected shall not be based on any prior
examination.  Any person found to be infected with a venereal
disease shall be treated by the Commissioner or local health
officer, or a physician of such person's own choice, until such
person is noninfectious or dismissed by the Commissioner or local
health officer or physician. In the event a person infected with
a venereal disease refuses or fails to submit to treatment, then
such person may be quarantined for the purpose of treatment, and
a report thereof shall be made to the State Commissioner of
Health.

C.   A licensed physician shall examine persons who are arrested
by lawful warrant for the offense of first or second degree rape,
forcible sodomy or the intentional infection or attempt to
intentionally infect a person with the human immunodeficiency
virus pursuant to Section 1192.1 of Title 21 of the Oklahoma
Statutes, for the purpose of determining if they are infected
with a venereal disease or a communicable disease including, but
not limited to, the human immunodeficiency virus (HIV).  The
court shall issue an order for this examination upon the
arraignment of the person arrested for any of the offenses
specified in this subsection. The order requiring such test shall
not include the name and address of the alleged victim but shall
provide that the alleged victim shall be notified of the test
results.



 1-525.  Prescriptions and records----Exposure

A.   Except as otherwise provided by law, the prescription and
records required by the foregoing provisions to be filed and kept
shall not be exposed to any person other than the State
Commissioner of Health or local health officer, or when properly
ordered by a court of competent jurisdiction to be used as
evidence in such court, and no information whatever shall be
given to any person concerning any infected person except to
appropriate persons for use in the proper courts of this state.
Provided, that records of diagnosis and treatment may be
transmitted to physicians and to health authorities in this and
other states upon written request of the person affected.
Provided further, results of examinations conducted on persons
arrested by lawful warrant for the offense of first or second
degree rape, forcible sodomy, or intentional infection or
attempted infection of a person with the human immunodeficiency
virus, shall be provided to the alleged victim of the crime upon
the request of the victim, the parent of the victim if the victim
is a minor, or upon request of the legal guardian or custodian of
the victim. The name of the arrested and examined person shall
not be disclosed on the transmitted record.  The State Department
of Health shall provide to the victims the positive test results.
The Department shall provide free testing to the alleged victim
for any venereal or communicable disease for which the arrestee
tests positive, as indicated in the transmitted record of
diagnosis. Such testing shall be accompanied with pretest and
post-test counseling.  Such counseling shall include the
provision of information to the victim or the parent, legal
guardian or custodian of the victim concerning the venereal or
communicable disease indicated in the transmitted record and the
location of public and private facilities in the vicinity
offering tests and counseling for persons who have the venereal
or communicable disease.

B.   The State Board of Health shall promulgate rules and
regulations for the examination authorized or required by Section
1-524 of this title and for the release of records containing
results of examinations authorized by subsection A of this
section.  The rules and regulations shall establish procedural
guidelines which respect the rights of the person arrested for
the alleged offense and the victim of the alleged offense.



 2151.1.  Donation of sperm, tissue or organ from persons testing
positive to human immunodeficiency virus prohibited

No human sperm, tissue or organ shall be procured for donation
purposes from any person testing positive for the human
immunodeficiency virus infection.

1.   Every donor, donor candidate or tissue or organ to be
donated shall be tested for said virus infection immediately
prior to the donation of sperm, or tissues or organs for
transplant. If such test has not been conducted immediately prior
to the donation, then the test shall be conducted immediately
prior to the implantation of the donor organ or tissue.

2.   If the donor is living, the donor shall be notified of the
test results. Notification shall be consistent with donor
confidentiality and with the requirements of state and federal
law. The hospital or other facility responsible for the sperm,
tissue or organ donation shall provide directly or otherwise make
available appropriate information and counseling services to
sperm donors and to living tissue or organ donors.



 2153.  Preplacement or replacement of blood as a condition of
treatment

No hospital or blood donor organization shall require either
preplacement or replacement of blood as a condition of treatment
Every statement of policy to or request of a patient or his next
of kin by a physician or the personnel of a hospital or a blood
donor organization regarding preplacement or replacement of blood
through voluntary donations on behalf of the patient pursuant to
any scheduled transfusion of whole blood or one or more of the
component parts of whole blood, shall be made in a manner not
calculated or likely to result in a marked increase in anxiety or
emotional disturbance on the part of the patient or his next of
kin.  Every blood donor organization shall adopt policies and
procedures for directed blood donations. Such designated
donations must be medically suitable of purpose, safety, and
acceptability to the body of the recipient.

Any hospital or blood donor organization that violates the
provisions of this section may be denied all benefits and
privileges granted by state law to such institutions.



BLOOD EXCHANGE ACT

 2163.  Definitions

As used in this act:

"Blood service systems" means regional providers of whole blood,
blood components or blood derivatives; provided, for purposes of
this act, all regional providers operating with the same
establishment license number of the United States Department of
Health and Human Services will be considered one blood service
system. For purposes of this act, blood service systems shall not
include individual hospital blood banks.



 2167.  Blood solicitation and donation

A.   It shall be the intent of the Legislature that each blood
service system operating in this state use only blood and blood
products obtained from volunteer donors, except in an emergency
calling for a rare blood type that is not available from a
nonpaid donor or in an unusual disaster situation when normal
supply is interrupted or depleted. Blood collected from inmates
in correctional facilities shall not be used to transfuse
patients in this state.

B.   Blood solicitation or donation as a prerequisite for
surgical or medical reasons is hereby prohibited.

C.   Every blood donor organization shall adopt policies and
procedures for directed blood donations.  Such designated
donations must be medically suitable of purpose, safety, and
acceptability to the body of the recipient.

D.   Appeals for blood donations should be directed at the
community at large, including organized groups within the
community. While appeals to the family and friends of the
hospitalized patients are an acceptable part of total donor
recruitment program, blood service establishments should exercise
discretion in such appeals and should carefully avoid the use of
any undue pressure or coercion.



 2167.1.  Test for detection of antibodies to human T-
lymphotropic virus type III-Notification of donors

Each blood service system shall have a test to detect the
presence of antibodies to the human T-lymphotropic virus type
III.  Such test shall be performed on each donation of blood
prior to the use, disposal, distribution, or exchange of such
blood. If antibodies to the human T-lymphotropic virus type III
are found to be present in such blood donation, the blood shall
not be used for any blood transfusion.  The donor of any blood
donation containing antibodies to the human T-lymphotropic virus
type III shall be notified of such results upon completion of
specific confirmatory testing by the blood service system that
took the donation. The notification shall be made in a manner
consistent with donor confidentiality.



 2168.  Statement of benefits arising from donation of blood-
Donor forms-Unlawful representations

A.   Every blood service system shall furnish a blood donor,
preceding or at the time of a blood donation, a concise,
complete, written statement as to any benefit which may arise
from the donation of blood. This statement shall include, at
least, the system policy regarding blood replacement, benefits,
if any, for blood program participation and designation of who
shall be the recipient of any such benefits.

B.   Every blood service system shall provide a form to the donor
to be filled in by the donor, preceding or at the time of the
blood donation. The form shall provide for the name, address, or
location where the donor may be located for notification pursuant
to Section 3 of this act.

C.   It shall be unlawful for any blood service system, or its
agent or employee, to make any representation, oral or written,
that a donation of blood will or may result in benefits to the
blood donor or his designee, such as the refund of any fees,
blood credits, family protection and the like, unless such
benefits will, in fact, accrue to the blood donor or his
designee.



D.   It shall be unlawful for any blood service system, or its
agent or employee, to make any representation, oral or written,
that blood or blood products are or will be provided free if such
blood service system receives any fee or remuneration, whether
directly or indirectly, for providing and/or transfusing blood or
blood products.