CSSB 309(JUD): "An Act relating to testing the blood of prisoners and those in custody for bloodborne pathogens."
00 CS FOR SENATE BILL NO. 309(JUD) 01 "An Act relating to testing the blood of prisoners and those in custody for bloodborne 02 pathogens." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.15 is amended by adding new sections to read: 05 Article 6B. Blood Testing of Prisoners for Bloodborne Pathogens. 06 Sec. 18.15.400. Bloodborne pathogen testing of prisoners and correctional 07 officers; required disclosures to and consent of prisoners and correctional 08 officers. (a) When requested by a correctional officer who may have received a 09 significant exposure from a prisoner, a correctional facility shall follow the testing 10 procedures of AS 18.15.400 - 18.15.450 if 11 (1) a physician licensed under AS 08 determines that a significant 12 exposure to the correctional officer has occurred; 13 (2) the physician for the correctional officer needs the prisoner's 14 bloodborne pathogens test results to begin, continue, modify, or discontinue treatment
01 in accordance with the most current guidelines of the United States Public Health 02 Service, because of possible exposure to a bloodborne pathogen; and 03 (3) the correctional officer consents to providing a blood sample for 04 testing for a bloodborne pathogen. 05 (b) Before employing the testing procedures of AS 18.15.400 - 18.15.450 or 06 disclosing any information about the prisoner or correctional officer, the correctional 07 facility shall inform the 08 (1) prisoner that 09 (A) the prisoner's bloodborne pathogens test results, without 10 the prisoner's name or other uniquely identifying information, shall be reported 11 to the correctional officer if requested and that test results collected are for 12 medical purposes and may not be used as evidence in any criminal proceedings 13 or civil proceedings; 14 (B) the prisoner may refuse to provide a blood sample and that 15 the prisoner's refusal may result in a request for a court order to require the 16 prisoner to provide a blood sample; and 17 (C) the correctional facility will advise the correctional officer 18 of the confidentiality requirements and penalties before the officer's health care 19 provider discloses any test results; 20 (2) correctional officer of the confidentiality requirements of 21 AS 18.15.440 and that the correctional officer may be subject to penalties for 22 unauthorized release of test results about the prisoner. 23 (c) If the disclosures have been made, the correctional facility shall ask the 24 prisoner if the prisoner has ever had a positive test for a bloodborne pathogen. The 25 correctional facility must first attempt to get existing test results under this subsection 26 before taking any steps to obtain a blood sample or to test for bloodborne pathogens. 27 The correctional facility shall disclose the prisoner's existing bloodborne pathogens 28 test results to the correctional officer without the prisoner's name or other uniquely 29 identifying information. 30 Sec. 18.15.410. Consent for testing; court order for testing; exception. (a) 31 When a correctional officer has made a request under AS 18.15.400, except as
01 provided in (b) or (c) of this section or in AS 18.15.420, before collecting and testing 02 the blood of a prisoner, the correctional facility must first obtain the consent of the 03 prisoner or the prisoner's representative if the prisoner is unable to provide the 04 consent. 05 (b) Consent of a prisoner's representative is not required if the correctional 06 facility has made reasonable efforts to locate the prisoner's representative and the 07 representative cannot be found within 24 hours after a significant exposure. If testing 08 of available blood occurs without consent because the prisoner is unconscious or 09 unable to provide consent, and a representative cannot be located, the correctional 10 facility shall provide the information required in AS 18.15.400 to the prisoner or 11 representative whenever it is possible to do so. 12 (c) If a prisoner dies before an opportunity to consent to blood collection or 13 testing, consent is not required, and the prisoner's blood may be collected and tested. 14 (d) If the prisoner or the prisoner's representative, if appropriate, consents and 15 a sample of the prisoner's blood 16 (1) is available, the correctional facility shall have the blood tested for 17 bloodborne pathogens; 18 (2) is not available, the correctional facility shall collect a sample and 19 have the blood sample tested for bloodborne pathogens. 20 (e) A correctional facility may not withhold care or treatment on the 21 requirement that the prisoner consent to testing for bloodborne pathogen. 22 Sec. 18.15.420. Testing without consent. (a) When a correctional officer 23 has made a request under AS 18.15.400 and a sample of the prisoner's blood is 24 available, but the prisoner does not consent to testing for bloodborne pathogens, the 25 correctional facility shall have the sample tested for bloodborne pathogens if all of the 26 following criteria are met: 27 (1) the correctional officer and correctional facility have documented 28 the officer's exposure to blood or body fluids during performance of the officer's work 29 duties; 30 (2) a licensed physician has determined that a significant exposure has 31 occurred and has documented that bloodborne pathogens test results are needed for
01 beginning, modifying, continuing, or discontinuing medical treatment for the 02 correctional officer as recommended by the most current guidelines of the United 03 States Public Health Service; 04 (3) the correctional officer has provided a blood sample for testing for 05 bloodborne pathogens; 06 (4) the correctional facility has asked the prisoner to consent under 07 AS 18.15.410, and the prisoner does not consent; 08 (5) the correctional facility has provided the correctional officer and 09 the prisoner with the disclosures required under AS 18.15.400; and 10 (6) the correctional facility has informed the correctional officer of the 11 confidentiality requirements of AS 18.15.440 and the penalties for unauthorized 12 release of prisoner information. 13 (b) When a correctional officer has made a request under AS 18.15.400 and a 14 sample of the prisoner's blood is not available, the correctional facility shall file a 15 petition in the superior court for a court order requiring the prisoner to provide a blood 16 sample for testing for bloodborne pathogens. The correctional facility shall serve the 17 petition on the prisoner at least 48 hours before a hearing on the petition. The petition 18 must include the following information supported by affidavit: 19 (1) a statement that the correctional facility followed the procedures in 20 AS 18.15.400 - 18.15.450 and attempted to obtain bloodborne pathogens test results 21 according to those sections; 22 (2) a statement that a physician licensed under AS 08 and 23 knowledgeable about the most current recommendations of the United States Public 24 Health Service has determined that a significant exposure has occurred to the 25 correctional officer; and 26 (3) a statement that a physician has documented that the correctional 27 officer has provided a blood sample and consented to testing for bloodborne 28 pathogens, and bloodborne pathogens test results are needed for beginning, 29 continuing, modifying, or discontinuing medical treatment for the correctional officer. 30 (c) A court shall order a prisoner to provide a blood sample for bloodborne 31 pathogen testing if the court finds that
01 (1) there is probable cause to believe that a significant exposure to the 02 correctional officer from the prisoner has occurred; 03 (2) a licensed physician for the correctional officer needs the test 04 results for beginning, continuing, modifying, or discontinuing medical treatment for 05 the correctional officer; 06 (3) a compelling need for the testing and test results exists; in making 07 this finding, the court shall consider the need for the test against the privacy or other 08 interests of the prisoner. 09 (d) The court may impose appropriate safeguards against unauthorized 10 disclosure by specifically identifying the persons to have access to the test results and 11 the uses of the test results when ordering a test under (c) of this section. 12 (e) After testing is completed under this section, the correctional facility shall 13 inform the prisoner whose blood was tested of the results. The correctional facility 14 shall inform the correctional officer's physician of the prisoner's test results without 15 the prisoner's name or other uniquely identifying information. 16 Sec. 18.15.440. Confidentiality; penalties for unauthorized disclosure; 17 immunity. (a) Bloodborne pathogens test results of a prisoner are confidential and 18 may not be disclosed except as provided in AS 18.15.400 - 18.15.450 and as needed 19 for the treatment or medical care of a prisoner specific to a bloodborne pathogen- 20 related illness. 21 (b) A prisoner may bring a civil action against a person who releases the 22 prisoner's name or other uniquely identifying information with the test results or 23 otherwise releases the test results, except as provided in AS 18.15.400 - 18.15.450. 24 (c) A correctional facility, physician, and designated health care personnel are 25 immune from liability in any civil, administrative, or criminal action relating to the 26 disclosure of test results of a prisoner to a correctional officer and the testing of a 27 blood sample from a prisoner for bloodborne pathogens if a good faith effort has been 28 made to comply with AS 18.15.400 - 18.15.450. 29 Sec. 18.15.450. Definitions for AS 18.15.400 - 18.15.450. In AS 18.15.400 - 30 18.15.450, 31 (1) "bloodborne pathogens" means pathogenic microorganisms that are
01 present in human blood and can cause disease in humans; these pathogens include 02 hepatitis B virus (HBV), hepatitis C virus (HCV), and human immunodeficiency virus 03 (HIV); 04 (2) "correctional facility" has the meaning given in AS 33.30.901; 05 (3) "correctional officer" means an employee of the Department of 06 Corrections or of an agent or contractor of the department working in a correctional 07 facility; 08 (4) "prisoner" has the meaning given in AS 33.30.901; 09 (5) "significant exposure" means contact likely to transmit a 10 bloodborne pathogen, in a manner supported by the most current guidelines and 11 recommendations of the United States Public Health Service at the time an evaluation 12 takes place, that includes 13 (A) percutaneous injury, contact of mucous membrane or 14 nonintact skin, or prolonged contact of intact skin; and 15 (B) contact, in a manner that may transmit a bloodborne 16 pathogen, with blood, tissue, or potentially infectious body fluids.