Preventing Transmission of Human Immunodeficiency Virus (HIV) and Hepatitis B Virus (HBV) from Health Care Workers to Patients

PURPOSE: This rule establishes training requirements relating to the prevention of transmission of human immunodeficiency virus, hepatitis B virus and other bloodborne pathogens from infected health care workers to patients as defined in section 191.694, RSMo. (1) The following definitions shall be used in the interpretation of this rule: (A) Community-based means practice in any clinic, group practice or solo practice not licensed under Chapters 197 and 198, RSMo where health care, including dentistry and podiatry, is provided; (B) Department means the Missouri Department of Health; (C) Director means the director of the department or his/her designee; (D) Employed means to be professionally affiliated with a facility either by contract, direct employment or extension of professional privileges; (E) HBV means hepatitis B virus; (F) Health care facilities means those facilities licensed under Chapters 197 and 198, RSMo; (G) Health care professional means a member of any of the professional groups regulated by Chapters 330, 332 and 335, RSMo, and sections 334.010–334.265, RSMo; (H) HIV means human immunodeficiency virus; and (I) Invasive procedures shall be defined as in 191.650(9), RSMo. Phlebotomy and insertion of intravenous lines which do not involve surgical incision are not considered invasive procedures. (2) Health care professionals in both health care facility-based and community-based practice settings shall adhere to the training requirements contained in section 191.694, RSMo. The department shall investigate complaints of noncompliance in facilitybased practice settings. Complaints of noncompliance in community-based practice settings shall be referred to the appropriate licensing authority. (3) Health care professionals performing invasive procedures who do not receive training in a health care facility regarding infection control procedures, universal precautions and prevention of percutaneous injuries shall obtain that training elsewhere on an annual basis. Training shall be in compliance with Occupational Safety and Health Administration (OSHA) requirements in 29 CFR 1910.1030. Training shall be also be in compliance with section 191.694, RSMo and with recommendations published by the Centers for Disease Control and Prevention in the Morbidity and Mortality Weekly Report: Recommendations for Prevention of HIV Transmission in Health-Care Settings, August 21, 1987; Update: Universal Precautions for Prevention of Transmission of Human Immunodeficiency Virus, Hepatitis B Virus, and Other Bloodborne Pathogens in Health-Care Settings, June 24, 1988; and Guidelines for Prevention of Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Health-Care and Public-Safety Workers, June 23, 1989. Documents that validate the completion of that training shall be maintained by the health care professional for a period of three (3) years and shall be made available to the department upon request. AUTHORITY: section 191.694.4, RSMo 2000.* Original rule filed April 17, 1995, effective Nov. 30, 1995. Emergency amendment filed May 10, 2002, effective July 1, 2002, expired Dec. 28, 2002. Amended: Filed May 10, 2002, effective Nov. 30, 2002. *Original authority: 191.694, RSMo 1992.