OSHA VIOLATION?

Nurses General Nursing

Published

Specializes in Nurse Faculty, PMHNP-BC.

A friend of mine was stuck with a dirty needle her employer refused to have the source tested. They told her she is violating the patient's rights, by wanting the patient tested. She is having horrible side effects from the medications she was put on and would like to get off if they would go ahead and test the source. Do you think this is a OSHA violatation?

progress.gif

Up Vote Up Vote ×

When I was in nursing school, I got stuck by a needle on the pt and the hospital tested the pt. Thankfully he was HIV negative. But I don't think its a violation if they tested the pt. Hope it helps.

Up Vote Up Vote ×
Specializes in Maternal - Child Health.

The employer should approach the patient and ask for permission to run an HIV test. The patient has the right to refuse, but few do. Does your friend know whether the patient was asked?

FWIW, a neg HIV test is not necessarily justification for stopping preventive meds. I would suggest that your friend consult her personal health care provider for advice on continuing meds.

Up Vote Up Vote ×
Specializes in Utilization Management.

Not sure about OSHA, but some states don't require consent for HIV testing when a needle stick is involved. And if she is employed in a hospital, the patient signs a consent to treat form upon admission that includes information regarding HIV testing in needle stick circumstances. Obviously they can withdrawal their consent, but if not, no rights are being violated.

Up Vote Up Vote ×
Specializes in Hospital Education Coordinator.

it is not a violation if the patient agrees. Otherwise, not sure

Up Vote Up Vote ×

If you are still from Florida, this should have been thoroughly covered in the mandatory CEU class for HIV/AIDS.

Here's a summary of the current laws. Pages 18 and 46 - 50 will have the info and statute reference you need. Florida has always been an informed consent state for HIV testing up until the last couple of years when it made exceptions for testing for emergency and hospital personnel as outlined in the statutes.

http://www.doh.state.fl.us/disease_ctrl/aids/legal/Omnibus_2010.pdf

Up Vote Up Vote ×

I am in Nebraska and during one of my surgeries, the M.D. stuck himself with a trocar.....they didn't ask my permission to test..they just did it and basically told me afterwards. I was still pretty groggy in recovery when they told me. I wouldn't have cared, but I didn't even have a choice!

Up Vote Up Vote ×
Specializes in Nephrology, Cardiology, ER, ICU.

Of course its not a violation - you are entitled to know the status HIV/hepatitis of the source pt.

Need to contact employee health ASAP.

Up Vote Up Vote ×
Specializes in Nurse Faculty, PMHNP-BC.

Source testing is an OSHA compliance that all employer must folllow. My friend brought some information received from her employer at the begining of her employment. It clearly stated source testing with consent from the patien and employer shall cover all cost. Thanks everyone.

Up Vote Up Vote ×
Of course its not a violation - you are entitled to know the status HIV/hepatitis of the source pt.

It is best to know the laws in your state. This should be covered in the P&P manuals. Every health care professional should know this especially if working in direct patient care areas and with sharp objects like needles.

The VA is the toughest for consent.

http://www.hiv.va.gov/vahiv?page=prtyp-qa-testc

If a source patient refuses testing, can I just test them anyway?

No. Federal law requires that VA patients give "full and informed consent" for any tests, and allows them the right to refuse any test or procedure. (August 2009)

New York's updated testing

http://www.health.state.ny.us/diseases/aids/testing/amended_law/faqs.htm

California

http://www.cdph.ca.gov/programs/aids/Documents/RPT2010_01HIVAIDSLaws2009.pdf

Oregon

http://oregon.gov/DHS/ph/hiv/informedconsent.shtml

Connecticut

http://www.cga.ct.gov/2009/ACT/PA/2009PA-00133-R00HB-06391-PA.htm

Up Vote Up Vote ×
+ Add a Comment