Ryan White Legislation

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October 22, 2009 – The U.S. Congress has approved legislation restoring notification requirements for emergency response personnel exposed to infectious diseases while on duty. The provision was included as part of S. 1793, the Ryan White HIV/AIDS Treatment Extension Act of 2009.

The bill passed the U.S. House of Representatives by a vote of 408-9, and passed the U.S. Senate unanimously. President Obama is expected to sign the bill into law in the near future.

When the Ryan White law was reauthorized in 2006, the infectious disease notification provisions, in an apparent oversight, were dropped from the law along with several other provisions that had outlived their usefulness. Their restoration will allow emergency responders exposed to life-threatening illnesses, such as tuberculosis or hepatitis, to receive notification within 48 hours from the receiving medical facility.

“IAFF members put themselves at risk every day, providing pre-hospital patient care in chaotic, unsterile environments where they are routinely at risk of exposure to blood-borne and airborne pathogens,” says IAFF General president Harold Schaitberger. “Restoring these critical provisions will allow emergency responders to better protect themselves, their coworkers and their families.”

S. 1793 also requires the Secretary of Health and Human Services to update the list of diseases for which notification would be required. The IAFF will continue working closely with Secretary Kathleen Sebelius as this process advances to ensure its members are well protected.Ryan

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As a caveat, Advocates for EMS also worked extremely hard on this bill. From what i was told by them, it was a very difficult fight and it still does not include the complete language they wanted. If the federal government declares a health emergency the 48 hour notification is waived. The health groups pushed for this and began to make the whole discussion rather contentious, given this agencies representing first responders allowed for waiver of the 48 hour rule during a federally declared health emergency in an effort to have the notification under normal circumstances reinstated.

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While the 48 hour rule can be waived they are still required to notify the transporting agency. My only issues are that its up to the Secretary of Health and Human Services to determine which diseases are covered and we still cannot compel someone to be tested.