HIV and/or HBV Infected Healthcare Workers 感染B型肝病病毒和HIV的健康保健工作人员
Effective June 2, 1992, S.C. Code Ann. § 44-30-10 to -90 (Supp. 1998) established the South Carolina
Health Care Professionals Compliance Act. 南卡罗来纳洲健康护理专业人员从业法案The purpose of this Act is to implement Public Law 102-141, § 633
and the CDC recommendations published in MMWR, Vol. 40, No. RR-8, July 12, 1991. The CDC recommends
that healthcare workers who are engaged in “exposure prone invasive procedures” know their HIV/HBV status.
Public Law 102-141, § 633 required the states to adopt either the CDC recommendations or their equivalent as
approved by the CDC. This Act requires the state’s professional licensing boards to adopt the CDC recommendations for prevention of transmission of HIV/HBV from healthcare workers to patients. This law also requires the establishment of expert review panels to make recommendations to healthcare workers regarding the practice patterns of individual practitioners.这条法律要求职业组织遵守国家疾病控制和预防中心的建议, 从而防止B肝和HIV由健康保健工作人员传染给病人. 这项法律同时要求建立专家审查专门小组来建议和指导从业人员的工作习惯.Additionally, healthcare workers must undergo educational training in infection control techniques and universal precautions.
HIV Testing and the Workplace
Title I of the ADA permits medical inquiries and testing of applicants only after a conditional job offer has
been made. Under federal and state law, persons may only be excluded from jobs on the basis of medical information if their medical condition would pose a direct threat to the health or safety of themselves or others or would prevent them from performing their jobs. 根据国家和本洲的法律, 只有在雇员的健康状况直接损害到他们自己和他人, 或使得雇员本人无法胜任工作的情况下, 雇员才能被禁止从事这类工作.It has been held that a state agency’s policy of requiring testing of public employees for HIV and HBV invoked the protections of the 4th and 14th amendments of the U.S. Constitution, as there was no risk of transmission in the workplace to justify the testing. 由于在工作环境中没有传播此类病毒的危险, 美国宪法第4次和14次修正已对其保护,洲法规规定检查B,C型肝病病毒和HIV是不正当的. 护.Glover v. Eastern Nebraska Community Office of Retardation, 867 F.2d 461 (8th Cir. 1989), cert. denied, 110 S.Ct. 321 (1989).
摘自www.scdhec.net/health/disease/docs 27/11/2005
美国各洲都有自己的法律, 还未查到更具体的规定.
[此贴子已经被作者于2005-11-27 18:12:12编辑过]
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发表于 2005-11-28 05:59
