Title 42, The Public Health and WelfareRelease 119-110

§300ff–133 Request for Notification with Respect to Victims Assisted

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XXIV — HIV HEALTH CARE SERVICES PROGRAM › Part G — Notification of Possible Exposure to Infectious Diseases › § 300ff–133

Last updated Sep 22, 2026|Official source

Summary

Lets an emergency responder who thinks they might have been exposed to an infectious disease by a victim they attended, treated, assisted, or transported ask their designated officer to look into it. The designated officer must collect the facts about the incident and decide if, under the federal list and guidelines of covered diseases, the worker could have been exposed. If the officer thinks exposure may have happened, they must send a signed, written request with those facts to the medical facility that got the victim. The medical facility must check its medical records and tell the designated officer in writing whether the worker was exposed, was not exposed, the facts were not enough, or the facility has no information about the victim’s infection. If the facility later learns the victim had a listed disease, it must make the determination and report it. The facility must respond as soon as possible and no later than 48 hours after getting the request. If the victim died before or at the facility, the request must also go to the place that determines cause of death, which then has the same duties. If a facility says the facts are insufficient and the designated officer asks for help, the local public health officer will review the request and reply within 48 hours. If that review finds the facts were enough, the public health officer will resubmit the request and the facility must respond. If more facts are needed, the public health officer will advise on what to collect and will resubmit once enough facts are gathered.

Full Legal Text

Title 42, §300ff–133

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

(a)Initiation of process by employee
If an emergency response employee believes that the employee may have been exposed to an infectious disease by a victim of an emergency who was transported to a medical facility as a result of the emergency, and if the employee attended, treated, assisted, or transported the victim pursuant to the emergency, then the designated officer of the employee shall, upon the request of the employee, carry out the duties described in subsection (b) regarding a determination of whether the employee may have been exposed to an infectious disease by the victim.
(b)Initial determination by designated officer
The duties referred to in subsection (a) are that—
(1)the designated officer involved collect the facts relating to the circumstances under which, for purposes of subsection (a), the employee involved may have been exposed to an infectious disease; and
(2)the designated officer evaluate such facts and make a determination of whether, if the victim involved had any infectious disease included on the list issued under paragraph (1) of section 300ff–131(a) of this title, the employee would have been exposed to the disease under such facts, as indicated by the guidelines issued under paragraph (2) of such section.
(c)Submission of request to medical facility
(1)In general
If a designated officer makes a determination under subsection (b)(2) that an emergency response employee may have been exposed to an infectious disease, the designated officer shall submit to the medical facility to which the victim involved was transported a request for a response under subsection (d) regarding the victim of the emergency involved.
(2)Form of request
A request under paragraph (1) shall be in writing and be signed by the designated officer involved, and shall contain a statement of the facts collected pursuant to subsection (b)(1).
(d)Evaluation and response regarding request to medical facility
(1)In general
If a medical facility receives a request under subsection (c), the medical facility shall evaluate the facts submitted in the request and make a determination of whether, on the basis of the medical information possessed by the facility regarding the victim involved, the emergency response employee was exposed to an infectious disease included on the list issued under paragraph (1) of section 300ff–131(a) of this title, as indicated by the guidelines issued under paragraph (2) of such section.
(2)Notification of exposure
If a medical facility makes a determination under paragraph (1) that the emergency response employee involved has been exposed to an infectious disease, the medical facility shall, in writing, notify the designated officer who submitted the request under subsection (c) of the determination.
(3)Finding of no exposure
If a medical facility makes a determination under paragraph (1) that the emergency response employee involved has not been exposed to an infectious disease, the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) of the determination.
(4)Insufficient information
(A)If a medical facility finds in evaluating facts for purposes of paragraph (1) that the facts are insufficient to make the determination described in such paragraph, the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) of the insufficiency of the facts.
(B)(i)If a medical facility finds in making a determination under paragraph (1) that the facility possesses no information on whether the victim involved has an infectious disease included on the list under section 300ff–131(a) of this title, the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) of the insufficiency of such medical information.
(ii)If after making a response under clause (i) a medical facility determines that the victim involved has an infectious disease, the medical facility shall make the determination described in paragraph (1) and provide the applicable response specified in this subsection.
(e)Time for making response
After receiving a request under subsection (c) (including any such request resubmitted under subsection (g)(2)), a medical facility shall make the applicable response specified in subsection (d) as soon as is practicable, but not later than 48 hours after receiving the request.
(f)Death of victim of emergency
(1)Facility ascertaining cause of death
If a victim described in subsection (a) dies at or before reaching the medical facility involved, and the medical facility receives a request under subsection (c), the medical facility shall provide a copy of the request to the medical facility ascertaining the cause of death of the victim, if such facility is a different medical facility than the facility that received the original request.
(2)Responsibility of facility
Upon the receipt of a copy of a request for purposes of paragraph (1), the duties otherwise established in this part regarding medical facilities shall apply to the medical facility ascertaining the cause of death of the victim in the same manner and to the same extent as such duties apply to the medical facility originally receiving the request.
(g)Assistance of public health officer
(1)Evaluation of response of medical facility regarding insufficient facts
(A)In the case of a request under subsection (c) to which a medical facility has made the response specified in subsection (d)(4)(A) regarding the insufficiency of facts, the public health officer for the community in which the medical facility is located shall evaluate the request and the response, if the designated officer involved submits such documents to the officer with the request that the officer make such an evaluation.
(B)As soon as is practicable after a public health officer receives a request under subparagraph (A), but not later than 48 hours after receipt of the request, the public health officer shall complete the evaluation required in such paragraph and inform the designated officer of the results of the evaluation.
(2)Findings of evaluation
(A)If an evaluation under paragraph (1)(A) indicates that the facts provided to the medical facility pursuant to subsection (c) were sufficient for purposes of determinations under subsection (d)(1)—
(i)the public health officer shall, on behalf of the designated officer involved, resubmit the request to the medical facility; and
(ii)the medical facility shall provide to the designated officer the applicable response specified in subsection (d).
(B)If an evaluation under paragraph (1)(A) indicates that the facts provided in the request to the medical facility were insufficient for purposes of determinations specified in subsection (c)—
(i)the public health officer shall provide advice to the designated officer regarding the collection and description of appropriate facts; and
(ii)if sufficient facts are obtained by the designated officer—
(I)the public health officer shall, on behalf of the designated officer involved, resubmit the request to the medical facility; and
(II)the medical facility shall provide to the designated officer the appropriate response under subsection (c).

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective as if enacted on Sept. 30, 2009, see section 2(a)(3)(B) of Pub. L. 111–87, set out as an

Effective Date

of 2009 Amendment; Revival of Section note under section 300ff–11 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300ff–133

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110