Section 18.15.400. Bloodborne pathogen testing of prisoners, certain adult or juvenile offenders, and public safety officers; required disclosures and consent.

   (a) When requested by a public safety officer who may have received a significant exposure from an adult or juvenile offender or a prisoner, the employing agency 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 public safety officer has occurred;
        (2) the physician for the public safety officer needs the adult or juvenile offender's or 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 public safety 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 adult or juvenile offender or prisoner or public safety officer, the employing agency shall inform the
        (1) adult or juvenile offender or prisoner that
             (A) the adult or juvenile offender's or prisoner's bloodborne pathogens test results, without the adult or juvenile offender's or prisoner's name or other uniquely identifying information, shall be reported to the public safety 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 adult or juvenile offender or prisoner may refuse to provide a blood sample and that the adult or juvenile offender's or prisoner's refusal may result in a request for a court order to require the adult or juvenile offender or prisoner to provide a blood sample; and
             (C) the employing agency will advise the public safety officer of the confidentiality requirements and penalties before the officer's health care provider discloses any test results;
        (2) public safety officer of the confidentiality requirements of AS 18.15.440 and that the public safety officer may be subject to penalties for unauthorized release of test results about the adult or juvenile offender or prisoner.
   (c) If the disclosures have been made, the employing agency shall ask the adult or juvenile offender or prisoner if the adult or juvenile offender or prisoner has ever had a positive test for a bloodborne pathogen. The employing agency shall disclose the adult or juvenile offender's or prisoner's existing bloodborne pathogens test results to the public safety officer without the adult or juvenile offender's or prisoner's name or other uniquely identifying information.

Authorities

18.15.400;18.15.410;18.15.420;18.15.440;18.15.445;18.15.450

Notes

References

AS 18.15.400 Bloodborne pathogen testing of prisoners, certain adult or juvenile offenders, and public safety officers; required disclosures and consent.
AS 18.15.410 Consent for testing; court order for testing; exception.
AS 18.15.420 Testing without consent.
AS 18.15.440 Confidentiality; penalties for unauthorized disclosure; immunity.
AS 18.15.445 Assistance by departments and municipalities.
AS 18.15.450
AS 18.15.450 Definitions for AS 18.15.400 - 18.15.450.

History

(Sec. 1 ch 142 SLA 2004; am Sec. 1 ch 48 SLA 2005)