§300ee–2 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Within 90 days after November 4, 1988, the Health and Human Services Secretary, through the CDC director, must create and send emergency guidelines to all health and public safety workers in the United States. The guidelines must explain ways to lower the chance of catching the germ that causes AIDS at work and list situations when exposure might happen. The Secretary must also send these guidelines to the Labor Secretary to help develop OSHA safety rules. Also within 90 days after November 4, 1988, the Secretary must make a model training program for emergency responders about preventing exposure while handling emergencies. The training must use the guidelines and, when practical, explain how the germ is spread and help responders tell when they are or are not at risk. The Secretary must set up a task force with CDC, state, and emergency responder representatives to help, send copies to state public health officers for distribution, and make the materials available to the public.

Title 42, §300ee–2

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Not later than 90 days after November 4, 1988, the Secretary of Health and Human Services (hereafter in this section referred to as the “Secretary”), acting through the Director of the Centers for Disease Control and Prevention, shall develop, issue, and disseminate emergency guidelines to all health workers and public safety workers (including emergency response employees) in the United States concerning—

(1)methods to reduce the risk in the workplace of becoming infected with the etiologic agent for acquired immune deficiency syndrome; and

(2)circumstances under which exposure to such etiologic agent may occur.

(b)The Secretary shall transmit the guidelines issued under subsection (a) to the Secretary of Labor for use by the Secretary of Labor in the development of standards to be issued under the Occupational Safety and Health Act of 1970 [29 U.S.C. 651 et seq.].

(c)(1)Not later than 90 days after November 4, 1988, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall develop a model curriculum for emergency response employees with respect to the prevention of exposure to the etiologic agent for acquired immune deficiency syndrome during the process of responding to emergencies.

(2)In carrying out paragraph (1), the Secretary shall consider the guidelines issued by the Secretary under subsection (a).

(3)The model curriculum developed under paragraph (1) shall, to the extent practicable, include—

(A)information with respect to the manner in which the etiologic agent for acquired immune deficiency syndrome is transmitted; and

(B)information that can assist emergency response employees in distinguishing between conditions in which such employees are at risk with respect to such etiologic agent and conditions in which such employees are not at risk with respect 11 So in original. Probably should be “respect to”. such etiologic agent.

(4)The Secretary shall establish a task force to assist the Secretary in developing the model curriculum required in paragraph (1). The Secretary shall appoint to the task force representatives of the Centers for Disease Control and Prevention, representatives of State governments, and representatives of emergency response employees.

(5)The Secretary shall—

(A)transmit to State public health officers copies of the guidelines and the model curriculum developed under paragraph (1) with the request that such officers disseminate such copies as appropriate throughout the State; and

(B)make such copies available to the public.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Occupational Safety and Health Act of 1970, referred to in subsec. (b), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see

Short Title

note set out under section 651 of Title 29 and Tables. Codification Section was enacted as part of the AIDS

Amendments

of 1988 and as part of the Health Omnibus Programs Extension of 1988, and not as part of the Public Health Service Act which comprises this chapter.

Amendments

1992—Subsecs. (a), (c)(1), (4). Pub. L. 102–531 substituted “Centers for Disease Control and Prevention” for “Centers for Disease Control”. 1988—Subsec. (a). Pub. L. 100–690 substituted “health workers and public safety workers” for “health workers, public safety workers”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–690 effective immediately after enactment of Pub. L. 100–607, which was approved Nov. 4, 1988, see section 2600 of Pub. L. 100–690, set out as a note under section 242m of this title. Guidelines for Prevention of Transmission of Human Immunodeficiency and Hepatitis B Viruses During Invasive Procedures Pub. L. 102–141, title VI, § 633, Oct. 28, 1991, 105 Stat. 876, provided that: “Notwithstanding any other provision of law, each State Public Health Official shall, not later than one year after the date of enactment of this Act [Oct. 28, 1991], certify to the Secretary of Health and Human Services that guidelines issued by the Centers for Disease Control, or guidelines which are equivalent to those promulgated by the Centers for Disease Control concerning recommendations for preventing the transmission of the human immunodeficiency virus and the hepatitis B virus during exposure prone invasive procedures, except for emergency situations when the patient’s life or limb is in danger, have been instituted in the State. State guidelines shall apply to health professionals practicing within the State and shall be consistent with Federal law. Compliance with such guidelines shall be the responsibility of the State Public Health Official. Said responsibilities shall include a process for determining what appropriate disciplinary or other actions shall be taken to ensure compliance. If such certification is not provided under this section within the one-year period, the State shall be ineligible to receive assistance under the Public Health Service Act (42 U.S.C. 301 [201] et seq.) until such certification is provided, except that the Secretary may extend the time period for a State, upon application of such State, that additional time is required for instituting said guidelines.” [Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102–531, title III, § 312, Oct. 27, 1992, 106 Stat. 3504.]

§300ee–2 Information for health and public safety workers

Summary

Title 42, §300ee–2

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata