Legislature(2003 - 2004)
04/08/2004 08:07 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 309-BLOOD PATHOGENS TESTING OF PRISONERS Number 2348 VICE-CHAIR HOLM announced that the last order of business was CS FOR SENATE BILL NO. 309(JUD) am, "An Act relating to testing the blood of prisoners and those in custody for bloodborne pathogens." TAPE 04-58, SIDE B Number 2359 SENATOR TOM WAGONER, Alaska State Legislature, as sponsor of HCR 26, stated that, currently, the State of Alaska allows for the testing of prisoners with bloodborne pathogens at the request of rape victims only. The proposed legislation would allow correctional officers who have been exposed to blood or other bodily fluids to request testing of the prisoner responsible for the exposure. He indicated that [exposing correctional officers to infected blood or other bodily fluids] is one of the few weapons prisoners have in the penal system to retaliate against the personnel who operate the prison. SENATOR WAGONER noted that AS 18.15 would be amended to include five new sections: AS 18.15.400, which would authorize the process of testing; AS 18.15.410, which would provide a consent provision; AS 18.15.420, which would address testing without consent; AS 18.15.440, which would address confidentiality issues and provide penalties for disclosure; and AS 18.15.450, which would define "the new term in this section." SENATOR WAGONER revealed that, last year, 41 correctional officers were potentially exposed to bloodborne pathogens. In most of the cases, exposure was intentional. Current treatment to exposure to unknown pathogens consists of a daily "cocktail," which includes large amounts of several broad-spectrum medications. He explained that the treatment, which can take up to two weeks, can result in lost time for each person taking the treatment. Additionally, the treatment costs the state between $2,000-$3,000 for each "application" for the two-week session. SENATOR WAGONER pointed out that both the Department of Corrections and the Division of Risk Management have given SB 309 a zero fiscal note. Notwithstanding that, Senator Wagoner suggested that with 40 people undergoing the treatment at $2,000-$3,000 per person and being off work for up to two weeks, SB 309 would save the state money. He explained that, at this time, the amount that would be saved is an unknown quantity, which is why the fiscal note doesn't reflect the savings. SENATOR WAGONER indicated that the Department of Corrections had requested some minor technical changes to the bill, and he noted that Commissioner Marc Antrim is available to answer questions. The phrase "correctional facility" was changed to "the department" throughout the bill, and the section dealing with "old blood" was removed. He explained that the preference is to use new blood to test for bloodborne pathogens. Number 2174 REPRESENTATIVE GRUENBERG suggested that if a prisoner who is infected bites a guard, the guard's spouse or significant other may need to get the information regarding the prisoner's health, for medical purposes. He noted that there's no provision in the confidentiality section of the bill for disclosure when medically necessary to protect "a third ... innocent person." Number 2114 SENATOR WAGONER surmised that if a guard was bitten, for example, he/she would not have any intimate contact with his/her spouse until a test result was complete. REPRESENTATIVE GRUENBERG proffered that the guard may not be totally responsible as a human being, or there may have been some sort of "incidental saliva contact" with the prisoner. He suggested one example may be that the prisoner's saliva lands on an open cut that the guard has, and the guard may not be instantly aware of that occurrence. He said he thinks some thought should be given to allowing the information to be given, if necessary, to protect a third person. SENATOR WAGONER suggested that may be something that the department could pursue in the next few days. Notwithstanding that, he stated, "I don't think we can child-proof the world." He added that if the person who is infected doesn't know it, he doesn't know how the third party would become aware of any infection. REPRESENTATIVE GRUENBERG responded that the correctional official may independently have an [acquired immunodeficiency syndrome (AIDS)] test done and find out about it that way. He pointed out that if that person is not married, he/she may have had contact with several people. SENATOR WAGONER suggested that the Department of Corrections could address that issue and formulate an amendment. Number 2002 VICE-CHAIR HOLM mentioned "prisoners that sit next door to another prisoner." He asked if they have a right to know that "this person over here has AIDS." SENATOR WAGONER replied that he thinks that would really be expanding the scope of the bill. He stated his intent was to protect the guard and the people who work in the institutions because they are the ones who are directly involved in "this type of contamination." [Vice-Chair Holm returned the gavel to Chair Weyhrauch.] Number 1895 CHAIR WEYHRAUCH noted that the correctional officer has to get a physician to say whether significant exposure occurred, or not. He asked, "Why shouldn't it be a determination of the correctional officer who was exposed, rather than some physician?" SENATOR WAGONER answered that he thinks it's the physician's job to make a diagnosis and determine if there was enough exposure to require treatment or blood testing. In response to questions from Chair Weyhrauch, he explained that Section 1 in the bill not only addresses getting a blood sample from the infected prisoner, but also getting blood from the correctional officer. It also would give legal authority to the correctional institution to test the prisoner who exposed the correctional officer to the bloodborne pathogen. Number 1758 PORTIA PARKER, Deputy Commissioner, Office of the Commissioner - Juneau, Department of Corrections (DOC), told the committee that, currently, a lot of the procedures in place are in compliance with the Occupational Safety and Health Administration (OSHA). The proposed legislation, she said, "codifies and adds a few more protections and ... guidelines in the statutes ...." She stated that DOC supports SB 309. Ms. Parker said the department usually doesn't have any problem getting a blood sample. She outlined the steps the department would take, as proposed in SB 309, and highlighted that the bill would facilitate obtaining a blood sample through a court order when a prisoner does not give consent. CHAIR WEYHRAUCH asked if getting a court order would mean that the confidentiality provisions would no longer apply. MS. PARKER said she doesn't think that's true. She explained that the name of the prisoner is not exposed. Number 1652 REPRESENTATIVE GRUENBERG noted that there is some language in the bill that could prohibit the correctional officer from telling his/her spouse. He said he wants to be certain that anyone who may have been secondarily exposed also be informed and have access to the information. He also expressed the need to know how this would relate to juvenile correctional centers, which are under the direction of the Department of Health & Social Services (HESS). Representative Gruenberg pointed out that the bill specifies a physician, rather than a nurse practitioner, for example. He questioned whether nurse practitioners should also be included. Number 1658 REPRESENTATIVE SEATON returned to the question regarding why a third party - the physician - has to determine whether the exposure is significant enough. He asked if there has ever been a case in which a physician has said the exposure was not significant enough, thus making it impossible for the correctional officer to obtain results. Number 1524 The committee took a brief at-ease. [During the at-ease, the visiting high school students filed into the room. When the committee came back to order, the legislators introduced themselves.] SENATOR WAGONER recapped the bill for the students. CHAIR WEYHRAUCH explained that the House State Affairs Standing Committee has jurisdiction over the Department of Corrections, which is why the committee is hearing SB 309. SENATOR WAGONER noted that there is a zero fiscal note. He said the next committee of referral would be the House Judiciary Standing Committee. CHAIR WEYHRAUCH, for the benefit of the students, reviewed the remaining course that the bill would take. REPRESENTATIVE HOLM defined what a fiscal note is. REPRESENTATIVE GRUENBERG explained the importance and reason behind which committee hears a bill. He suggested that SB 309 should go to the House Health, Education and Social Services Standing Committee, because it focuses on public health issues. SENATOR WAGONER said he thinks the legal ramifications are more important. [SB 309 was heard and held.]
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