NAC441A.235. Duty of director or other person in charge of medical laboratory to report findings of communicable disease, causative agent of communicable disease or immune response to causative agent; contents of report; submission of certain microbiologic cultures, subcultures, or other specimen or clinical material; reportable level of CD4 lymphocyte counts.

     1. Except as otherwise provided in NAC 441A.240, the director or other person in charge of a medical laboratory in which a test or examination of any specimen derived from the human body yields evidence suggesting the presence of a communicable disease, a causative agent of a communicable disease or an immune response to a causative agent of a communicable disease shall:

     (a) If the medical laboratory is in this State, report the findings to the health authority having jurisdiction where the office of the health care provider who ordered the test or examination is located or to an electronic clearinghouse approved by the health authority.

     (b) If the medical laboratory performed the test or examination on specimens obtained in this State or from residents of this State, and the medical laboratory is located outside of this State, report the findings to the State Health Officer.

Ê The report must be made in the manner provided in NAC 441A.225.

     2. The report must include:

     (a) The date and result of the test or examination performed.

     (b) The name, address and, if available, telephone number of the person from whom the specimen was obtained.

     (c) The age or date of birth of the person from whom the specimen was obtained, if available.

     (d) The name of the health care provider who ordered the test or examination.

     (e) The name and the address or telephone number of the medical laboratory making the report.

     (f) Any other information requested by the health authority, if available.

     3. The director or other person in charge of the medical laboratory shall also submit microbiologic cultures, subcultures, or other specimens or clinical material, if available, to the State Public Health Laboratory or other laboratory designated by the health authority for diagnosis, confirmation or further testing if:

     (a) Requested by the health authority;

     (b) The communicable disease is included on the list of diseases published by the health authority pursuant to subsection 4 and the health authority has provided the director or other person in charge of the medical laboratory with a copy of the list; or

     (c) The microbiologic cultures, subcultures, or other specimens or clinical material consist of:

          (1) Isolates of Bordetella pertussis or Bordetella parapertussis;

          (2) Isolates of non-motile and non-hemolytic Bacillus spp.;

          (3) Isolates of Brucella spp.;

          (4) Isolates of Burkholderia mallei or Burkholderia pseudomallei;

          (5) Isolates of Campylobacter spp.;

          (6) Isolates of Clostridium botulinum;

          (7) Isolates of Clostridium tetani;

          (8) Isolates of Corynebacterium diptheriae;

          (9) Isolates of Coxiella burnetii;

          (10) Isolates of E. coli O157:H7;

          (11) Isolates of Francisella tularensis;

          (12) Isolates of Haemophilus influenza (invasive only);

          (13) Isolates of Legionella spp.;

          (14) Isolates of Listeria monocytogenes;

          (15) Isolates of Mycobacterium spp.;

          (16) Isolates of Neisseria meningitidis from a sterile site;

          (17) Blood smears containing Plasmodium spp.;

          (18) Isolates of Salmonella spp.;

          (19) Isolates of, or broth positive results for, Shiga-toxin producing E. coli;

          (20) Isolates of Shigella spp.;

          (21) Isolates of Vibrio spp.;

          (22) Isolates of Vancomycin-intermediate Staphylococcus aureus;

          (23) Isolates of Vancomycin-resistant Staphylococcus aureus;

          (24) Isolates of Yersinia pestis; or

          (25) Isolates of Yersinia spp., other than Yersinia pestis.

     4. The health authority shall annually publish and post on its Internet website a list of communicable diseases for which microbiologic cultures, subcultures, or other specimens or clinical material, if available, must be submitted pursuant to subsection 3. For each communicable disease included on the list, the health authority must specify:

     (a) The microbiologic cultures, subcultures, or other specimens or clinical material to be submitted;

     (b) The justification for requiring the microbiologic cultures, subcultures, or other specimens or clinical material to be submitted;

     (c) The name of the medical laboratory to which the microbiologic cultures, subcultures, or other specimens or clinical material must be submitted; and

     (d) The process by which the microbiologic cultures, subcultures, or other specimens or clinical material must be submitted.

     5. A test or examination that is performed by a medical laboratory and reveals CD4 lymphocyte counts of less than 500 cells per microliter constitutes evidence suggesting the presence of a communicable disease and must be reported as required by this section.

     (Added to NAC by Bd. of Health, eff. 1-24-92; A 11-1-95; R087-08, 1-13-2011)