201 KAR 25:080. HIV/HBV infection control for podiatrists.
TO: KRS 311.410(4)
AUTHORITY: KRS 311.410(4)
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.
1. Definitions. (1) "HIV" means the human immunodeficiency virus.
"HBV" means the hepatitis B virus.
"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.
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.
3. Review and Monitoring of HIV or HBV Positive Podiatrists. (1) The Kentucky
State Board of Podiatry may convene a review panel to:
Monitor the adherence of a HIV or HBV positive podiatrist to:
Clinical competency; and
Practice limitations or restrictions established by the review panel to monitor
compliance with universal precautions; and
Periodically evaluate the effects of the disease on the competency of the HIV
or HBV positive podiatrist.
The review panel shall include the:
Primary care physician of the HIV or HBV positive podiatrist;
A clinical infectious disease specialist;
An epidemiologist representing the Kentucky Department of Health Services; and
One (1) or more licensed podiatrists.
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.
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.)