Legislature(2003 - 2004)
03/04/2004 03:30 PM Senate 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
CHAIR GARY STEVENS announced SB 309 to be up for consideration
and asked Kurt Olson to introduce the bill.
KURT OLSON, staff to Senator Thomas Wagoner, bill sponsor,
introduced himself and read the following into the record:
Currently our state allows testing of prisoners for
bloodborne pathogens at the request of rape victims.
This bill would allow correctional officers who have
been exposed to blood and other bodily fluids to
request testing of a prisoner responsible for the
exposure.
AS 18.15 would be amended to include five new
sections:
· AS 18.50.400 addresses the process of the testing
· AS 18.15.410 provides consent provisions
· AS 18.15.420 addresses testing without consent
· AS 18.15.440 addresses confidentiality issues and
provides penalty for disclosure
· AS 18.15.450 defines the new terms included in
this section
Last year 41 protection officers were potentially
exposed to bloodborne pathogens in the workplace.
In most cases the exposure was intentional and is
one of the few weapons readily available to
inmates. Current treatment to unknown pathogens
consists of a daily treatment of what is known in
the correctional industry as the cocktails -
large dose of several broad-spectrum medications.
The side effects can include nausea, missing work
for up to two weeks, and additionally it disrupts
their home life.
CHAIR GARY STEVENS asked if the corrections officers had to
undergo treatment in all 41 instances.
MR. OLSON replied some officers opted not to undergo
treatment.
SENATOR JOHN COWDERY noted the fiscal note is zero and he
wondered who would pay for the testing.
MR. OLSON said the correctional officers are tested under
workers' compensation and under state law the state can't
test inmates without their consent.
SENATOR COWDERY clarified that his point is that there is
cost associated with the test.
MR. OLSON replied there is a cost for the test, but he
thought there would be an offset as well. Commissioner
Antrim could probably answer more definitively, he said.
CHAIR GARY STEVENS asked what the procedure would be under
SB 309 when a prisoner refuses to provide a blood sample.
MR. OLSON replied there would be two choices. The prisoner
could be asked to submit a blood sample voluntarily and if
they refuse, a court order is obtained and medical
personnel would take the sample. He added, "I believe there
are OSHA guidelines on taking that. The federal penal
system has coverage similar to this for their federal
correctional officers."
SENATOR BERT STEDMAN admitted he didn't have much
background in this area, but he assumes it would cost the
state money if an inmate refuses to give a sample for
testing. He then added that he believes it's a good bill.
COMMISSIONER MARC ANTRIM, Department of Corrections,
reported that the department supports SB 309 and thanked
the sponsors for recognizing the hazards that face the men
and women that serve in the correctional facilities. One of
the hazards certainly is bloodborne pathogens.
Although there is a process for obtaining a blood sample
from an inmate, SB 309 establishes a clear series of steps
to follow and will ensure that the process is followed
every time and won't depend on whether or not the parties
involved are familiar with the procedure.
CHAIR GARY STEVENS asked if the corrections officer would
have a choice regarding their own treatment and whether the
inmate is tested.
COMMISSIONER ANTRIM replied the affected officer may seek
information regarding the prisoner's medical records and
ask that the inmate be tested, but the officer decides
whether or not to undergo personal treatment.
RICHARD BEELER, correctional officer at Wildwood Pretrial,
testified via teleconference in support of the legislation.
He said he was exposed to bloodborne pathogens and
underwent treatment twice, which was very expensive and
harsh on his system. He and his family were traumatized by
the experience.
CHAIR GARY STEVENS asked for verification that he had
little choice but to undergo treatment.
MR. BEELER replied, "If I would have had a test come back
saying that there wasn't a high percentage of me getting
it, I would not have taken the medications. It was not a
fun deal."
CHAIR GARY STEVENS noted that no one else signed up to
testify. He recognized Senator Cowdery.
SENATOR COWDERY made a motion to move SB 309 from committee
with the attached zero fiscal note and asked for unanimous
consent. There being no objection, it was so ordered.
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