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Alaska Statutes.

Title 18. Health, Safety, and Housing

Chapter 15. Disease Control

Section 400. Bloodborne Pathogen Testing of Prisoners and Correctional Officers; Required Disclosures to and Consent of Prisoners and Correctional Officers.

AS 18.15.400. Bloodborne Pathogen Testing of Prisoners and Correctional Officers; Required Disclosures to and Consent of Prisoners and Correctional Officers.

(a) When requested by a correctional officer who may have received a significant exposure from a prisoner, the department shall follow the testing procedures of AS 18.15.400 - 18.15.450 if

(1) a physician licensed under AS 08 determines that a significant exposure to the correctional officer has occurred;

(2) the physician for the correctional officer needs the prisoner's bloodborne pathogens test results to begin, continue, modify, or discontinue treatment in accordance with the most current guidelines of the United States Public Health Service, because of possible exposure to a bloodborne pathogen; and

(3) the correctional officer consents to providing a blood sample for testing for a bloodborne pathogen.

(b) Before employing the testing procedures of AS 18.15.400 - 18.15.450 or disclosing any information about the prisoner or correctional officer, the department shall inform the

(1) prisoner that

(A) the prisoner's bloodborne pathogens test results, without the prisoner's name or other uniquely identifying information, shall be reported to the correctional officer if requested and that test results collected are for medical purposes and may not be used as evidence in any criminal proceedings or civil proceedings;

(B) the prisoner may refuse to provide a blood sample and that the prisoner's refusal may result in a request for a court order to require the prisoner to provide a blood sample; and

(C) the department will advise the correctional officer of the confidentiality requirements and penalties before the officer's health care provider discloses any test results;

(2) correctional officer of the confidentiality requirements of AS 18.15.440 and that the correctional officer may be subject to penalties for unauthorized release of test results about the prisoner.

(c) If the disclosures have been made, the department shall ask the prisoner if the prisoner has ever had a positive test for a bloodborne pathogen. The department shall disclose the prisoner's existing bloodborne pathogens test results to the correctional officer without the prisoner's name or other uniquely identifying information.

Note to HTML Version:

This version of the Alaska Statutes is current through December, 2004. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful.

Last modified 9/3/2005