---
kind: "section"
citation: "42 U.S.C. § 300ff–133"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300ff–133"
heading: "Request for notification with respect to victims assisted"
release: "119-102"
url: "https://uscodex.org/usc/42/300ff-133"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXIV — Hiv Health Care Services Program"
  - "Part G — Notification of Possible Exposure to Infectious Diseases"
---

# §300ff–133. Request for notification with respect to victims assisted

- (a) **Initiation of process by employee—** If an emergency response [employee](/usc/42/300gg–91.md?p=d-5) believes that the [employee](/usc/42/300gg–91.md?p=d-5) may have been exposed to an infectious disease by a victim of an emergency who was transported to a medical [facility](/usc/42/11049.md?p=4) as a result of the emergency, and if the [employee](/usc/42/300gg–91.md?p=d-5) attended, treated, assisted, or transported the victim pursuant to the emergency, then the designated officer of the [employee](/usc/42/300gg–91.md?p=d-5) shall, upon the request of the [employee](/usc/42/300gg–91.md?p=d-5), carry out the duties described in [subsection (b)](#b) regarding a determination of whether the [employee](/usc/42/300gg–91.md?p=d-5) may have been exposed to an infectious disease by the victim.
- (b) **Initial determination by designated officer—** The duties referred to in [subsection (a)](#a) are that—
  - (1) the designated officer involved collect the facts relating to the circumstances under which, for purposes of [subsection (a)](#a), the [employee](/usc/42/300gg–91.md?p=d-5) 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](/usc/42/300ff–131.md?p=a), the [employee](/usc/42/300gg–91.md?p=d-5) would have been exposed to the disease under such facts, as indicated by the guidelines issued under [paragraph (2)](/usc/42/300ff–131.md?p=a-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)](#b-2) that an emergency response [employee](/usc/42/300gg–91.md?p=d-5) may have been exposed to an infectious disease, the designated officer shall submit to the medical [facility](/usc/42/11049.md?p=4) to which the victim involved was transported a request for a response under [subsection (d)](#d) regarding the victim of the emergency involved.
  - (2) **Form of request—** A request under [paragraph (1)](#c-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)](#b-1).
- (d) **Evaluation and response regarding request to medical facility—**
  - (1) **In general—** If a medical [facility](/usc/42/11049.md?p=4) receives a request under [subsection (c)](#c), the medical [facility](/usc/42/11049.md?p=4) 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](/usc/42/11049.md?p=4) regarding the victim involved, the emergency response [employee](/usc/42/300gg–91.md?p=d-5) was exposed to an infectious disease included on the list issued under paragraph (1) of [section 300ff–131(a) of this title](/usc/42/300ff–131.md?p=a), as indicated by the guidelines issued under [paragraph (2)](/usc/42/300ff–131.md?p=a-2) of such section.
  - (2) **Notification of exposure—** If a medical [facility](/usc/42/11049.md?p=4) makes a determination under [paragraph (1)](#d-1) that the emergency response [employee](/usc/42/300gg–91.md?p=d-5) involved has been exposed to an infectious disease, the medical [facility](/usc/42/11049.md?p=4) shall, in writing, notify the designated officer who submitted the request under [subsection (c)](#c) of the determination.
  - (3) **Finding of no exposure—** If a medical [facility](/usc/42/11049.md?p=4) makes a determination under [paragraph (1)](#d-1) that the emergency response [employee](/usc/42/300gg–91.md?p=d-5) involved has not been exposed to an infectious disease, the medical [facility](/usc/42/11049.md?p=4) shall, in writing, inform the designated officer who submitted the request under [subsection (c)](#c) of the determination.
  - (4) **Insufficient information—**
    - (A) If a medical [facility](/usc/42/11049.md?p=4) finds in evaluating facts for purposes of [paragraph (1)](#d-1) that the facts are insufficient to make the determination described in such paragraph, the medical [facility](/usc/42/11049.md?p=4) shall, in writing, inform the designated officer who submitted the request under [subsection (c)](#c) of the insufficiency of the facts.
    - (B)
      - (i) If a medical [facility](/usc/42/11049.md?p=4) finds in making a determination under [paragraph (1)](#d-1) that the [facility](/usc/42/11049.md?p=4) possesses no information on whether the victim involved has an infectious disease included on the list under [section 300ff–131(a) of this title](/usc/42/300ff–131.md?p=a), the medical [facility](/usc/42/11049.md?p=4) shall, in writing, inform the designated officer who submitted the request under [subsection (c)](#c) of the insufficiency of such medical information.
      - (ii) If after making a response under [clause (i)](#d-4-B-i) a medical [facility](/usc/42/11049.md?p=4) determines that the victim involved has an infectious disease, the medical [facility](/usc/42/11049.md?p=4) shall make the determination described in [paragraph (1)](#d-1) and provide the applicable response specified in this subsection.
- (e) **Time for making response—** After receiving a request under [subsection (c)](#c) (including any such request resubmitted under [subsection (g)(2)](#g-2)), a medical [facility](/usc/42/11049.md?p=4) shall make the applicable response specified in [subsection (d)](#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)](#a) dies at or before reaching the medical [facility](/usc/42/11049.md?p=4) involved, and the medical [facility](/usc/42/11049.md?p=4) receives a request under [subsection (c)](#c), the medical [facility](/usc/42/11049.md?p=4) shall provide a copy of the request to the medical [facility](/usc/42/11049.md?p=4) ascertaining the [cause](/usc/42/9908.md?p=c-2) of death of the victim, if such [facility](/usc/42/11049.md?p=4) is a different medical [facility](/usc/42/11049.md?p=4) than the [facility](/usc/42/11049.md?p=4) that received the original request.
  - (2) **Responsibility of facility—** Upon the receipt of a copy of a request for purposes of [paragraph (1)](#f-1), the duties otherwise established in this part regarding medical [facilities](/usc/42/11049.md?p=4) shall apply to the medical [facility](/usc/42/11049.md?p=4) ascertaining the [cause](/usc/42/9908.md?p=c-2) of death of the victim in the same manner and to the same extent as such duties apply to the medical [facility](/usc/42/11049.md?p=4) 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)](#c) to which a medical [facility](/usc/42/11049.md?p=4) has made the response specified in [subsection (d)(4)(A)](#d-4-A) regarding the insufficiency of facts, the public health officer for the community in which the medical [facility](/usc/42/11049.md?p=4) 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)](#g-1-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)](#g-1-A) indicates that the facts provided to the medical [facility](/usc/42/11049.md?p=4) pursuant to [subsection (c)](#c) were sufficient for purposes of determinations under [subsection (d)(1)](#d-1)—
      - (i) the public health officer shall, on behalf of the designated officer involved, resubmit the request to the medical [facility](/usc/42/11049.md?p=4); and
      - (ii) the medical [facility](/usc/42/11049.md?p=4) shall provide to the designated officer the applicable response specified in [subsection (d)](#d).
    - (B) If an evaluation under [paragraph (1)(A)](#g-1-A) indicates that the facts provided in the request to the medical [facility](/usc/42/11049.md?p=4) were insufficient for purposes of determinations specified in [subsection (c)](#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](/usc/42/11049.md?p=4); and
        - (II) the medical [facility](/usc/42/11049.md?p=4) shall provide to the designated officer the appropriate response under [subsection (c)](#c).

## Source credit

(July 1, 1944, ch. 373, title XXVI, § 2695B, as added Pub. L. 111–87, § 13, Oct. 30, 2009, 123 Stat. 2898.)

## Notes

### 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.