201 KAR 25:080. HIV/HBV infection control for podiatrists.

 

      RELATES

TO: KRS 311.410(4)

      STATUTORY

AUTHORITY: KRS 311.410(4)

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 311.410(4) empowers the Kentucky State Board of

Podiatry to promulgate administrative regulations as necessary to implement and

enforce the provisions of KRS 311.390 to 311.510. The purpose of this

administrative regulation is to encourage and promote infection control among

all Kentucky podiatrists.

 

      Section

1. Definitions. (1) "HIV" means the human immunodeficiency virus.

      (2)

"HBV" means the hepatitis B virus.

      (3)

"Universal precautions" means the appropriate use of hand and skin

washing, protective barriers, care in the use of and disposal of needles and

other sharp instruments, and those other techniques recommended in U.S. Centers

for Disease Control Morbidity and Mortality Weekly Report, June 24, 1988,

Volume 37, Number 24, hereby incorporated by reference. A copy may be inspected

or copied at the board's office during business hours.

 

      Section

2. HIV or HBV Serostatus Determination. A podiatrist who is HIV or HBV

seropositive and "e" antigen positive, and who performs patient care

procedures which pose a significant risk of transmission of HIV or HBV to

patients, may seek counsel from the Kentucky State Board of Podiatry.

 

      Section

3. Review and Monitoring of HIV or HBV Positive Podiatrists. (1) The Kentucky

State Board of Podiatry may convene a review panel to:

      (a)

Monitor the adherence of a HIV or HBV positive podiatrist to:

      1.

Universal precautions;

      2.

Clinical competency; and

      3.

Practice limitations or restrictions established by the review panel to monitor

compliance with universal precautions; and

      (b)

Periodically evaluate the effects of the disease on the competency of the HIV

or HBV positive podiatrist.

      (2)

The review panel shall include the:

      (a)

Primary care physician of the HIV or HBV positive podiatrist;

      (b)

A clinical infectious disease specialist;

      (c)

An epidemiologist representing the Kentucky Department of Health Services; and

      (d)

One (1) or more licensed podiatrists.

 

      Section

4. Disciplinary Action. Any podiatrist who does not comply with universal

precautions, the requirements of this administrative regulation or the

limitations and restrictions established by the review panel, pursuant to

administrative regulation, shall be subject to disciplinary action by the

Kentucky State Board of Podiatry as set forth in KRS 311.480.

 

      Section

5. Confidentiality. Information obtained by the Kentucky State Board of

Podiatry pursuant to this administrative regulation is personal in nature as

set forth in KRS 61.878(1)(a) and is excluded from the application of KRS

61.870 to 61.884. (20 Ky.R. 1726; Am. 2325; eff. 2-10-94.)