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Utah EMS Law. Utah Code Title 34, Chapter 2-0-5 Utah Code Title 78, Chapter 29-102. Purpose. To protect the workers compensation benefits of EMS providers who become HIV infected and/or contract hepatitis B or C due to an exposure during their job duties. Baseline Testing.

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utah ems law

Utah EMS Law

Utah Code Title 34, Chapter 2-0-5

Utah Code Title 78, Chapter 29-102

  • To protect the workers compensation benefits of EMS providers who become HIV infected and/or contract hepatitis B or C due to an exposure during their job duties
baseline testing
Baseline Testing
  • Applies to personnel hired after July 1, 1988
  • Must be tested for HIV, HBV and HCV
reporting requirements
Reporting Requirements
  • All significant exposures must be reported
  • Significant exposure means:
    • Exposure of the body of one person to the blood or body fluids visibly contaminated by blood of another person by:
      • Percutaneous injury, including needle stick or cut with a sharp object or instrument
      • Contact with an open wound, mucous membrane or non-intact skin because of a cut, abrasion, dermatitis or other damage
      • Any other method of transmission defined by the Utah Department of Health
potentially infectious body fluids

amniotic fluid

pericardial fluid

cerebrospinal fluid

vaginal secretions

or any other fluid visibly contaminated with blood

peritoneal fluid

pleural fluid

synovial fluid


cervical secretions

Potentially Infectious Body Fluids
presumptive eligibility
Presumptive Eligibility
  • EMS provider documents on-the-job exposure
  • EMS provider becomes infected with HIV, HBV and/or HCV
  • EMS law presumes the infection(s) is job-related
  • Employee can be compensated under the Workers Compensation Program
reporting procedures
Reporting Procedures
  • EMS provider completes the Exposure Report Form (ERF)
  • EMS provider accompanies the patient to the receiving medical facility
  • EMS provider submits a copy of the ERF to an authorized person at the receiving facility
reporting procedures9
Reporting Procedures
  • If EMS provider is unable to accompany the patient to the facility
    • EMS provider must call in the information needed to complete the ERF to the authorized person at the receiving facility
    • Telephone report must be followed by a hard copy of the completed ERF within 3 days of the incident
    • Hard copy is sent directly to the receiving facility
reporting procedures10
Reporting Procedures
  • EMS provider notifies the Contact (designated person[s] within the EMS agency or their employer)
  • EMS provider submits a copy of the ERF to the Contact within 3 days of the incident
  • EMS provider may request testing
receiving facility responsibilities
Receiving Facility Responsibilities
  • Receiving facility shall:
    • Establish a system of receiving ERFs and information telephoned in by exposed EMS provider
    • Ensure that a designated person is available a 24-hour per day to receive the ERFs
    • Have trained pre-test counselors available or on call for counseling source patients
    • Complete the Source Patient Information section of the ERF
receiving facility responsibilities12
Receiving Facility Responsibilities
  • Obtains permission from source patient to test for HIV, HBV and/or HCV
    • Patient, next of kin or legal guardian may consent
    • No consent required if under Utah Department of Corrections custody or if deceased
  • If unable to provide counseling, provide the patient with phone numbers for trained counseling services within 24 hours
  • Advise patient that they can refuse testing, but EMS agency may seek court order
  • Draw patients blood and sends it with the ERF to a qualified laboratory for testing
laboratory reponsibilities
Laboratory Reponsibilities
  • Receives the samples with the accompanying ERF form
  • Tests the sample(s) for HIV, HBVand/or HCV
  • Sends test results by Case ID number to the EMS agency or employer
ems agency employer responsibilities
EMS Agency/Employer Responsibilities
  • Informs all EMS providers of law and procedures for submitting an ERF
  • Ensures that exposed EMS provider receives a confidential medical evaluation and follow-up according to OSHA regulations
  • Reports testing results immediately by case number, not name, to the exposed EMS provider
  • Reports refusal of testing by the source to the EMS provider
  • Maintains records of disease exposures as per OSHA Blood Borne Pathogen standards
ems agency employer responsibilities15
EMS Agency/EmployerResponsibilities
  • Assumes costs associated with:
    • Testing for HIV, HBV and HCV for both the EMS provider and the source patient
      • Costs must be within the Labor Commission fee schedule
    • Post-test counseling of the exposed EMS provider
post exposure prophylaxis pep
Post Exposure Prophylaxis (PEP)
  • CDC recommendations :
    • If indicated, start PEP as soon as possible after an exposure
    • Re-evaluation of the exposed person should be considered within 72 hours postexposure, especially as additional information about the exposure or source person becomes available
    • Administer PEP for 4 weeks, if tolerated
    • If a source patient is determined to be HIV-negative, PEP should be discontinued

Source: MMWR June 29, 2001 / 50(RR11);1-42

post exposure prophylaxis pep17
Post Exposure Prophylaxis (PEP)
  • Risk of HIV infection due to a percutaneous exposure is 0.3%
  • Risk of HIV infection from blood exposure to skin and/or mucous membrane is >0.1%
  • PEP should be done in consultation with medical staff experienced in HIV care
  • Ideally treatment should begin within 1-2 hours after the initial exposure has occurred
  • Treatment can be given up to one week post-exposure if recommended by an experienced HIV medical provider
contact information

Contact Information

Rebecca Fronberg, BS, CHES

HIV Counseling & Testing Coordinator

Utah Department of Health

(801) 538-6299


State of Utah – Labor Commission

Division of Industrial Accidents

160 E 300 S, 3rd Floor—P O Box 146610

Salt Lake City, UT 84114-6610

(801) 530-6800—(800) 530-5090—Fax (801) 530-6804