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Alaska Statutes.
Title 18. Health, Safety, and Housing
Chapter 15. Disease Control
Section 410. Consent For Testing; Court Order For Testing; Exception.
previous: Section 400. Bloodborne Pathogen Testing of Prisoners and Correctional Officers; Required Disclosures to and Consent of Prisoners and Correctional Officers.
next: Section 420. Testing Without Consent.

AS 18.15.410. Consent For Testing; Court Order For Testing; Exception.

(a) When a correctional officer has made a request under AS 18.15.400 , except as provided in (b) or (c) of this section or in AS 18.15.420 , before collecting and testing the blood of a prisoner, the department must first obtain the consent of the prisoner or the prisoner's representative if the prisoner is unable to provide the consent.

(b) Consent of a prisoner's representative is not required if the department has made reasonable efforts to locate the prisoner's representative and the representative cannot be found within 24 hours after a significant exposure. If testing of available blood occurs without consent because the prisoner is unconscious or unable to provide consent, and a representative cannot be located, the department shall provide the information required in AS 18.15.400 to the prisoner or representative whenever it is possible to do so.

(c) If a prisoner dies before an opportunity to consent to blood collection or testing, consent is not required, and the prisoner's blood may be collected and tested.

(d) If the prisoner or the prisoner's representative, if appropriate, consents and a sample of the prisoner's blood

(1) is available, the department shall have the blood tested for bloodborne pathogens;

(2) is not available, the department shall collect a sample and have the blood sample tested for bloodborne pathogens.

(e) The department may not withhold care or treatment on the requirement that the prisoner consent to testing for bloodborne pathogens.


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