HB 210: "An Act relating to blood testing of certain persons alleged to have committed certain offenses directed toward peace officers or emergency workers."
00 HOUSE BILL NO. 210 01 "An Act relating to blood testing of certain persons alleged to have committed certain 02 offenses directed toward peace officers or emergency workers." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.15.400 is amended to read: 05 Sec. 18.15.400. Bloodborne pathogen testing of prisoners, certain adult or 06 juvenile offenders, and public safety [CORRECTIONAL] officers; required 07 disclosures [TO] and consent [OF PRISONERS AND CORRECTIONAL 08 OFFICERS]. (a) When requested by a public safety [CORRECTIONAL] officer 09 who may have received a significant exposure from an adult or juvenile offender or 10 a prisoner, the employing agency [DEPARTMENT] shall follow the testing 11 procedures of AS 18.15.400 - 18.15.450 if 12 (1) a physician licensed under AS 08 determines that a significant 13 exposure to the public safety [CORRECTIONAL] officer has occurred; 14 (2) the physician for the public safety [CORRECTIONAL] officer
01 needs the adult or juvenile offender's or prisoner's bloodborne pathogens test results 02 to begin, continue, modify, or discontinue treatment in accordance with the most 03 current guidelines of the United States Public Health Service, because of possible 04 exposure to a bloodborne pathogen; and 05 (3) the public safety [CORRECTIONAL] officer consents to 06 providing a blood sample for testing for a bloodborne pathogen. 07 (b) Before employing the testing procedures of AS 18.15.400 - 18.15.450 or 08 disclosing any information about the adult or juvenile offender or prisoner or public 09 safety [CORRECTIONAL] officer, the employing agency [DEPARTMENT] shall 10 inform the 11 (1) adult or juvenile offender or prisoner that 12 (A) the adult or juvenile offender's or prisoner's bloodborne 13 pathogens test results, without the adult or juvenile offender's or prisoner's 14 name or other uniquely identifying information, shall be reported to the public 15 safety [CORRECTIONAL] officer if requested and that test results collected 16 are for medical purposes and may not be used as evidence in any criminal 17 proceedings or civil proceedings; 18 (B) the adult or juvenile offender or prisoner may refuse to 19 provide a blood sample and that the adult or juvenile offender's or prisoner's 20 refusal may result in a request for a court order to require the adult or juvenile 21 offender or prisoner to provide a blood sample; and 22 (C) the employing agency [DEPARTMENT] will advise the 23 public safety [CORRECTIONAL] officer of the confidentiality requirements 24 and penalties before the officer's health care provider discloses any test results; 25 (2) public safety [CORRECTIONAL] officer of the confidentiality 26 requirements of AS 18.15.440 and that the public safety [CORRECTIONAL] officer 27 may be subject to penalties for unauthorized release of test results about the adult or 28 juvenile offender or prisoner. 29 (c) If the disclosures have been made, the employing agency 30 [DEPARTMENT] shall ask the prisoner if the adult or juvenile offender or prisoner 31 has ever had a positive test for a bloodborne pathogen. The employing agency
01 [DEPARTMENT] shall disclose the adult or juvenile offender's or prisoner's 02 existing bloodborne pathogens test results to the public safety [CORRECTIONAL] 03 officer without the adult or juvenile offender's or prisoner's name or other uniquely 04 identifying information. 05 * Sec. 2. AS 18.15.410 is amended to read: 06 Sec. 18.15.410. Consent for testing; court order for testing; exception. (a) 07 When a public safety [CORRECTIONAL] officer has made a request under 08 AS 18.15.400, except as provided in (b) or (c) of this section or in AS 18.15.420, 09 before collecting and testing the blood of an adult or juvenile offender or a prisoner, 10 the employing agency shall [DEPARTMENT MUST] first obtain the consent of the 11 adult or juvenile offender or prisoner or the adult or juvenile offender's or 12 prisoner's representative if the adult or juvenile offender or prisoner is unable to 13 provide the consent. 14 (b) Consent of an adult or juvenile offender's or a prisoner's representative 15 is not required if the employing agency [DEPARTMENT] has made reasonable 16 efforts to locate the adult or juvenile offender's or prisoner's representative and the 17 representative cannot be found within 24 hours after a significant exposure. If testing 18 of available blood occurs without consent because the adult or juvenile offender or 19 prisoner is unconscious or unable to provide consent, and a representative cannot be 20 located, the employing agency [DEPARTMENT] shall provide the information 21 required in AS 18.15.400 to the adult or juvenile offender, prisoner, or representative 22 whenever it is possible to do so. 23 (c) If an adult or juvenile offender or a prisoner dies before an opportunity 24 to consent to blood collection or testing, consent is not required, and the adult or 25 juvenile offender's or prisoner's blood may be collected and tested. 26 (d) If the adult or juvenile offender or prisoner or the adult or juvenile 27 offender's or prisoner's representative, if appropriate, consents and a sample of the 28 adult or juvenile offender's or prisoner's blood 29 (1) is available, the employing agency [DEPARTMENT] shall have 30 the blood tested for bloodborne pathogens; 31 (2) is not available, the employing agency [DEPARTMENT] shall
01 collect a sample and have the blood sample tested for bloodborne pathogens. 02 (e) The employing agency [DEPARTMENT] may not withhold care or 03 treatment on the requirement that the adult or juvenile offender or prisoner consent 04 to testing for bloodborne pathogens. 05 * Sec. 3. AS 18.15.420 is amended to read: 06 Sec. 18.15.420. Testing without consent. (a) When a public safety 07 [CORRECTIONAL] officer has made a request under AS 18.15.400, the employing 08 agency [DEPARTMENT] shall file a petition in the superior court for a court order 09 requiring the adult or juvenile offender or prisoner to provide a blood sample for 10 testing for bloodborne pathogens. The employing agency [DEPARTMENT] shall 11 serve the petition on the adult or juvenile offender or prisoner at least 48 hours 12 before a hearing on the petition. The petition must include the following information 13 supported by affidavit: 14 (1) a statement that the employing agency [DEPARTMENT] followed 15 the procedures in AS 18.15.400 - 18.15.450 and attempted to obtain bloodborne 16 pathogens test results according to those sections; 17 (2) a statement that 18 (A) the public safety [CORRECTIONAL] officer and 19 employing agency [DEPARTMENT] have documented the officer's exposure 20 to blood or body fluids during performance of the officer's work duties; 21 (B) the employing agency [DEPARTMENT] has asked the 22 adult or juvenile offender or prisoner to consent under AS 18.15.410, and the 23 adult or juvenile offender or prisoner does not consent; 24 (C) the employing agency [DEPARTMENT] has provided the 25 public safety [CORRECTIONAL] officer and the adult or juvenile offender 26 or prisoner with the disclosures required under AS 18.15.400; and 27 (D) the employing agency [DEPARTMENT] has informed the 28 public safety [CORRECTIONAL] officer of the confidentiality requirements 29 of AS 18.15.440 and the penalties for unauthorized release of adult or 30 juvenile offender or prisoner information; 31 (3) a statement that a physician licensed under AS 08 and
01 knowledgeable about the most current recommendations of the United States Public 02 Health Service has determined that a significant exposure has occurred to the public 03 safety [CORRECTIONAL] officer; and 04 (4) a statement that a physician has documented that the public safety 05 [CORRECTIONAL] officer has provided a blood sample and consented to testing for 06 bloodborne pathogens, and bloodborne pathogens test results are needed for 07 beginning, continuing, modifying, or discontinuing medical treatment for the public 08 safety [CORRECTIONAL] officer. 09 (b) A court shall order an adult or juvenile offender or a prisoner to provide 10 a blood sample for bloodborne pathogen testing if the court finds that 11 (1) there is probable cause to believe that a significant exposure to the 12 public safety [CORRECTIONAL] officer from the adult or juvenile offender or 13 prisoner has occurred; 14 (2) a licensed physician for the public safety [CORRECTIONAL] 15 officer needs the test results for beginning, continuing, modifying, or discontinuing 16 medical treatment for the public safety [CORRECTIONAL] officer; or 17 (3) a compelling need for the testing and test results exists; in making 18 this finding, the court shall consider the need for the test against the privacy or other 19 interests of the adult or juvenile offender or prisoner. 20 (c) The court may impose appropriate safeguards against unauthorized 21 disclosure by specifically identifying the persons to have access to the test results and 22 the uses of the test results when ordering a test under (b) of this section. 23 (d) After testing is completed under this section, the employing agency 24 [DEPARTMENT] shall inform the adult or juvenile offender or prisoner whose 25 blood was tested of the results. The employing agency [DEPARTMENT] shall 26 inform the public safety [CORRECTIONAL] officer's physician of the adult or 27 juvenile offender's or prisoner's test results without the adult or juvenile offender's 28 or prisoner's name or other uniquely identifying information. 29 * Sec. 4. AS 18.15.440 is amended to read: 30 Sec. 18.15.440. Confidentiality; penalties for unauthorized disclosure; 31 immunity. (a) Bloodborne pathogens test results of an adult or juvenile offender or
01 a prisoner are confidential and may not be disclosed except as provided in 02 AS 18.15.400 - 18.15.450 and as needed for the treatment or medical care of a an 03 adult or juvenile offender or prisoner specific to a bloodborne pathogen-related 04 illness. 05 (b) An adult or juvenile offender or a prisoner may bring a civil action 06 against a person who knowingly, in violation of AS 18.15.400 - 18.15.450, releases 07 the adult or juvenile offender's or prisoner's name or other uniquely identifying 08 information with the test results or otherwise releases the test results. 09 (c) The employing agency [DEPARTMENT], a physician, and designated 10 health care personnel are immune from liability in any civil, administrative, or 11 criminal action relating to the disclosure of test results of an adult or juvenile 12 offender or a prisoner to a public safety [CORRECTIONAL] officer and the testing 13 of a blood sample from an adult or juvenile offender or a prisoner for bloodborne 14 pathogens if a good faith effort has been made to comply with AS 18.15.400 - 15 18.15.450. 16 * Sec. 5. AS 18.15 is amended by adding a new section to read: 17 Sec. 18.15.445. Assistance by departments and municipalities. The 18 department, the Department of Public Safety, the Department of Corrections, and each 19 municipality shall assist public safety officers and employing agencies in complying 20 with the requirements of AS 18.15.400 - 18.15.450. 21 * Sec. 6. AS 18.15.450 is amended by adding new paragraphs to read: 22 (6) "adult or juvenile offender" means a person charged under a 23 criminal complaint or a minor being held or subject to a petition under AS 47.12; 24 (7) "employing agency" means the 25 (A) department that employs a state employee who is a public 26 safety officer; 27 (B) municipality that employs a municipal employee who is a 28 public safety officer or that contracts with, sponsors, or accepts the services of 29 a public safety officer who volunteers for a volunteer fire department or 30 emergency medical services agency; 31 (C) Department of Public Safety for a public safety officer who
01 volunteers for a volunteer fire department or emergency medical services 02 agency that provides services in the unorganized borough outside of a 03 municipality; 04 (8) "public safety officer" means a state or municipal correctional 05 officer or a peace officer or a fire fighter, emergency medical technician, or mobile 06 intensive care paramedic employed by or volunteering for the state or a municipality 07 or volunteer fire department or emergency medical services provider. 08 * Sec. 7. AS 18.15.450(2) and 18.15.450(3) are repealed.