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Alaska Statutes.

Title 18. Health, Safety, and Housing

Chapter 15. Disease Control

Section 420. Testing Without Consent.

AS 18.15.420. Testing Without Consent.

(a) When a correctional officer has made a request under AS 18.15.400 , the department shall file a petition in the superior court for a court order requiring the prisoner to provide a blood sample for testing for bloodborne pathogens. The department shall serve the petition on the prisoner at least 48 hours before a hearing on the petition. The petition must include the following information supported by affidavit:

(1) a statement that the department followed the procedures in AS 18.15.400 - 18.15.450 and attempted to obtain bloodborne pathogens test results according to those sections;

(2) a statement that

(A) the correctional officer and department have documented the officer's exposure to blood or body fluids during performance of the officer's work duties;

(B) the department has asked the prisoner to consent under AS 18.15.410, and the prisoner does not consent;

(C) the department has provided the correctional officer and the prisoner with the disclosures required under AS 18.15.400 ; and

(D) the department has informed the correctional officer of the confidentiality requirements of AS 18.15.440 and the penalties for unauthorized release of prisoner information;

(3) a statement that a physician licensed under AS 08 and knowledgeable about the most current recommendations of the United States Public Health Service has determined that a significant exposure has occurred to the correctional officer; and

(4) a statement that a physician has documented that the correctional officer has provided a blood sample and consented to testing for bloodborne pathogens, and bloodborne pathogens test results are needed for beginning, continuing, modifying, or discontinuing medical treatment for the correctional officer.

(b) A court shall order a prisoner to provide a blood sample for bloodborne pathogen testing if the court finds that

(1) there is probable cause to believe that a significant exposure to the correctional officer from the prisoner has occurred;

(2) a licensed physician for the correctional officer needs the test results for beginning, continuing, modifying, or discontinuing medical treatment for the correctional officer; or

(3) a compelling need for the testing and test results exists; in making this finding, the court shall consider the need for the test against the privacy or other interests of the prisoner.

(c) The court may impose appropriate safeguards against unauthorized disclosure by specifically identifying the persons to have access to the test results and the uses of the test results when ordering a test under (b) of this section.

(d) After testing is completed under this section, the department shall inform the prisoner whose blood was tested of the results. The department shall inform the correctional officer's physician of the prisoner's test results 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