Mandated Reporting of Unprotected Exposure
TO: All MA Ambulance Services
FROM: Abdullah Rehayem, Director
RE: Unprotected Exposure Protections for EMS in MA Still in Place
DATE: November 18, 2008The Department is aware that some EMS providers have been confused about changes to the federal "Ryan White law" protections for EMTs and other first responders sustaining an unprotected exposure on the job, and what that means in Massachusetts. As background, the portion of the federal "Ryan White law" requiring notification by receiving hospitals to emergency responders of possible exposure to infectious diseases was eliminated in the most recent reauthorization, in 2006 (public law 109-415).
Please be advised that the changes to the federal law have no effect on EMTs and first responders in Massachusetts. That is because the Commonwealth has its own statute governing this -- Mass. General Laws chapter 111, section 111C, and the Department's regulations for unprotected exposure to infectious disease promulgated pursuant to this statute, 105 CMR 172.000. These remain in place and unchanged, so EMTs and first responders retain all its protections, regardless of what has changed in federal law.
You can find the state's statute at: http://www.mass.gov/legis/laws/mgl/111-111c.htm.
The Department's regulations pursuant to this statute are on the OEMS website, at http://www.mass.gov/Eeohhs2/docs/dph/regs/105cmr172.pdf.
The unprotected exposure reporting form can also be found on the OEMS website, at http://www.mass.gov/Eeohhs2/docs/dph/emergency_services/forms/ambulance_unprotected_exposure.pdf.
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