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20:61:01             Licensure.

          Declaratory Ruling: A health care provider licensed under SDCL chapter 36-4B engages during the course of employment in exposure-prone invasive procedures. The situation is not an emergency in which the patient's life or limb is in danger. The licensee knows or has reason to know that the licensee is a carrier of the human immunodeficiency virus (HIV) or the hepatitis B virus (HBV) but does not follow universal precautions set out by the Centers for Disease Control and Prevention (CDC). Because of reporting requirements for communicable diseases, the Department of Health discovers that the licensee is a carrier of HIV or HBV and notifies a review panel pursuant to § 44:20:02:08(2). (Note: Effective January 26, 1995, all health professionals were required by the Department of Health in § 44:20:04:01 to comply with universal precautions of the CDC.)

          The universal precautions of the CDC are a minimum standard of care. The following actions are considered unprofessional conduct under SDCL 36-4B-31 and grounds for discipline:

          (1)  Failure to comply with universal precautions;

          (2)  Performance of invasive procedures when infected with HIV or HBV without first seeking counsel from an expert review panel; and

          (3)  Failure to comply with the recommendations of an expert review panel.

          Declaratory Ruling of the Board of Medical and Osteopathic Examiners dated September 21, 1994.

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