10A NCAC 41A .0207       HIV AND HEPATITIS B INFECTED HEALTH CARE WORKERS

(a)  The following definitions shall apply throughout this Rule:

(1)           "Surgical or obstetrical procedures" means vaginal deliveries or surgical entry into tissues, cavities, or organs.  The term does not include phlebotomy; administration of intramuscular, intradermal, or subcutaneous injections; needle biopsies; needle aspirations; lumbar punctures; angiographic procedures; endoscopic and bronchoscopic procedures; or placing or maintaining peripheral or central intravascular lines.

(2)           "Dental procedure" means any dental procedure involving manipulation, cutting, or removal of oral or perioral tissues, including tooth structure during which bleeding occurs or the potential for bleeding exists.  The term does not include the brushing of teeth.

(b)  All health care workers who perform surgical or obstetrical procedures or dental procedures and who know themselves to be infected with HIV or hepatitis B shall notify the State Health Director.  Health care workers who assist in these procedures in a manner that may result in exposure of patients to their blood and who know themselves to be infected with HIV or hepatitis B shall also notify the State Health Director.  The notification shall be made in writing to the Chief, Communicable Disease Control Branch, 1902 Mail Service Center, Raleigh, NC 27699-1902..

(c)  The State Health Director shall investigate the practice of any infected health care worker and the risk of transmission to patients.  The investigation may include review of medical and work records and consultation with health care professionals who may have information necessary to evaluate the clinical condition or practice of the infected health care worker.  The attending physician of the infected health care worker shall be consulted.  The State Health Director shall protect the confidentiality of the infected health care worker and may disclose the worker's infection status only when essential to the conduct of the investigation or periodic reviews pursuant to Paragraph (h) of this Rule.  When the health care worker's infection status is disclosed, the State Health Director shall give instructions regarding the requirement for protecting confidentiality.

(d)  If the State Health Director determines that there may be a significant risk of transmission of HIV or hepatitis B to patients, the State Health Director shall appoint an expert panel to evaluate the risk of transmission to patients, and review the practice, skills, and clinical condition of the infected health care worker, as well as the nature of the surgical or obstetrical procedures or dental procedures performed and operative and infection control techniques used.  Each expert panel shall include an infectious disease specialist, an infection control expert, a person who practices the same occupational specialty as the infected health care worker and, if the health care worker is a licensed professional, a representative of the appropriate licensure board.  The panel may include other experts.  The State Health Director shall consider for appointment recommendations from health care organizations and local societies of health care professionals.

(e)  The expert panel shall review information collected by the State Health Director and may request that the State Health Director obtain additional information as needed.  The State Health Director shall not reveal to the panel the identity of the infected health care worker.  The infected health care worker and the health care worker's attending physician shall be given an opportunity to present information to the panel.  The panel shall make recommendations to the State Health Director that address the following:

(1)           Restrictions that are necessary to prevent transmission from the infected health care worker to patients;

(2)           Identification of patients that have been exposed to a significant risk of transmission of HIV or hepatitis B; and

(3)           Periodic review of the clinical condition and practice of the infected health care worker.

(f)  If, prior to receipt of the recommendations of the expert panel, the State Health Director determines that immediate practice restrictions are necessary to prevent an imminent threat to the public health, the State Health Director shall issue an isolation order pursuant to G.S. 130A‑145.  The isolation order shall require cessation or modification of some or all surgical or obstetrical procedures or dental procedures to the extent necessary to prevent an imminent threat to the public health.  This isolation order shall remain in effect until an isolation order is issued pursuant to Paragraph (g) of this Rule or until the State Health Director determines the imminent threat to the public health no longer exists.

(g)  After consideration of the recommendations of the expert panel, the State Health Director shall issue an isolation order pursuant to G.S. 130A‑145.  The isolation order shall require any health care worker who is allowed to continue performing surgical or obstetrical procedures or dental procedures to, within a time period specified by the State Health Director, successfully complete a course in infection control procedures approved by the Department of Health and Human Services, General Communicable Disease Control Branch, in accordance with 10A NCAC 41A .0206(e).  The isolation order shall require practice restrictions, such as cessation or modification of some or all surgical or obstetrical procedures or dental procedures, to the extent necessary to prevent a significant risk of transmission of HIV or hepatitis B to patients.  The isolation order shall prohibit the performance of procedures that cannot be modified to avoid a significant risk of transmission.  If the State Health Director determines that there has been a significant risk of transmission of HIV or hepatitis B to a patient, the State Health Director shall notify the patient or assist the health care worker to notify the patient.

(h)  The State Health Director shall request the assistance of one or more health care professionals to obtain information needed to periodically review the clinical condition and practice of the infected health care worker who performs or assists in surgical or obstetrical procedures or dental procedures.

(i)  An infected health care worker who has been evaluated by the State Health Director shall notify the State Health Director prior to a change in practice involving surgical or obstetrical procedures or dental procedures. The infected health care worker shall not make the proposed change without approval from the State Health Director.  If the State Health Director makes a determination in accordance with Paragraph (c) of this Rule that there is a significant risk of transmission of HIV or hepatitis B to patients, the State Health Director shall appoint an expert panel in accordance with Paragraph (d) of this Rule.  Otherwise, the State Health Director shall notify the health care worker that he or she may make the proposed change in practice.

(j)  If practice restrictions are imposed on a licensed health care worker, a copy of the isolation order shall be provided to the appropriate licensure board.  The State Health Director shall report violations of the isolation order to the appropriate licensure board.  The licensure board shall report to the State Health Director any information about the infected health care worker that may be relevant to the risk of transmission of HIV or hepatitis B to patients.

 

History Note:        Authority G.S. 130A‑144; 130A‑145;

Eff. October 1, 1992;

Amended Eff. April 1, 2003.