North Collier Fire Control and Rescue District on January 22, 2018; Specifically as to section 381.004(2)(h)10., concerning possible HIV infection; 1) what is meant by the language “the occurrence of a significant exposure shall be documented by ...

 

DEPARTMENT OF HEALTH

Division of Emergency Preparedness and Community Support

NOTICE IS HEREBY GIVEN that Division of Emergency Preparedness and Community Support has received the petition for declaratory statement from North Collier Fire Control and Rescue District on January 22, 2018. The petition seeks the agency’s opinion as to the applicability of Sections 381.004(2)(h)10. and 401.445(2), F.S., as they apply to the petitioner.

Specifically as to Section 381.004(2)(h)10., concerning possible HIV infection; 1) what is meant by the language “the occurrence of a significant exposure shall be documented by medical personnel under the supervision of a licensed physician” and how and by whom must that supervision be accomplished; 2) the timeframe under which medical personnel must be tested for HIV, or must provide the results of an HIV test taken within six months before significant exposure if such test results are negative; and 3) whether Petitioner can also test for Hepatitis at the same time it tests for HIV after a significant exposure. Additionally, regarding treatment of incapacitated patients and the applicability of Section 401.445(2), Florida Statutes, the Petitioner seeks an opinion regarding whether patients who exhibit signs or have a reasonable appearance of mental illness or incapacity are “otherwise incapable of providing informed consent” such that Petitioner may examine, treat, take to the hospital or administer other appropriate treatment without consent to such patients, including but not limited to administration of a preliminary HIV test or a Hepatitis test. Motions to intervene or requests for an agency hearing must be filed within 21 days after publication of this notice.

A copy of the Petition for Declaratory Statement may be obtained by contacting: Agency Clerk, Florida Department of Health, (via mail) 4052 Bald Cypress Way, Bin A-02, Tallahassee, FL 32399-1703; (via hand delivery) 2585 Merchants Row Blvd., Prather Building, Suite 110, Tallahassee, FL, [phone], [e-mail].

Please refer all comments to: Agency Clerk, Florida Department of Health, at the above addresses or telephone number or by facsimile transmission to [phone].