Legislature(2005 - 2006)CAPITOL 120
03/30/2005 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB54 | |
| HB210 |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 210 | TELECONFERENCED | |
| *+ | HB 54 | TELECONFERENCED | |
| + | HB 150 | TELECONFERENCED | |
HB 210 - BLOODBORNE PATHOGEN TESTING 2:30:16 PM REPRESENTATIVE ANDERSON announced that the final order of business would be HOUSE BILL NO. 210, "An Act relating to blood testing of certain persons alleged to have committed certain offenses directed toward peace officers or emergency workers." SHALON SZYMANSKI, Staff to Representative Lesil McGuire, Alaska State Legislature, sponsor, said on behalf of Representative McGuire that HB 210 proposes to expand the existing policies and procedures for testing for bloodborne pathogens to include peace officers, fire fighters, emergency medical technicians, and mobile paramedics. She explained: If an individual is exposed to another individual's blood or bodily fluid that is contaminated with bloodborne pathogens, they're at risk of being exposed to a variety of viruses, ranging from hepatitis to [human immunodeficiency virus (HIV)]. If a public safety officer feels that he or she has been exposed to an offender or prisoner's blood or bodily fluids that could be contaminated with bloodborne pathogens, they could request from their employing agency that they be tested for bloodborne pathogens. A physician would then be appointed to determine whether the exposure of the blood or bodily fluid was significant enough for further testing. If further testing is necessary, the physician will then take the request for a blood sample and request it from the prisoner or the offender. And you can find a description of that in the first section of the bill. MS. SZYMANSKI continued: Throughout this process of testing, the person being tested is protected; their identity is protected. And the test results will then also be passed on to the person being tested. The bill also provides information on the process in which the tests can be ordered if the person refuses to give a sample of blood, and it could therefore then be ordered by the court. And that would be found in Section 3 of the bill, on page 4. This bill does not enact any new policies or procedures for bloodborne pathogen testing; it simply adds public safety officers. ... 2:33:29 PM ANTHONY NEWMAN, Social Services Program Officer, Division of Juvenile Justice (DJJ), Department of Health and Social Services (DHSS), commented that the DJJ appreciates the bill, but asked that the definition of a public safety officer be expanded to include juvenile probation officers and juvenile justice officers. The current definitions for public safety officer include probation officers and corrections facilities staff, but those are Department of Corrections employees, whereas juvenile probation officers and juvenile justice officers fall under the purview of the DHSS. REPRESENTATIVE GRUENBERG asked Mr. Newman to write language for his suggested change. [Representative Anderson turned the gavel over to Chair McGuire.] 2:35:29 PM MIKE COUTURIER, Vice President, Anchorage Police Department Employees Association (APDEA), testified in support of HB 210. He stated that HB 210 will help provide appropriate protection for police officers who are accidentally or intentionally exposed to infectious pathogens via another's bodily fluids. He pointed out that HB 210 follows the example set in other states, and it will provide safety and peace of mind for police officers and their families while providing ample privacy protections for offenders. He relayed his personal experience wherein he was stuck with a used needle. He'd asked for a search warrant to get a sample of the person's blood, and the magistrate did finally authorize it, but the test still had to be taken by force and the risk management personnel would not provide him with the test results. He remarked that the bill will go a long way towards solving this issue. REPRESENTATIVE GRUENBERG characterized HB 210 as a fine bill. He asked whether federal officials ought to be included in the list of those covered by the bill. WILL AITCHISON, Anchorage Police Department Employees Association (APDEA), said he is not aware of any national protection existing for federal law enforcement officers in Alaska, though other states do have such protection. 2:40:29 PM REPRESENTATIVE GRUENBERG said that he would like the committee to consider including federal officers in the bill. CHAIR McGUIRE, after ascertaining that no one else wished to testify, closed public testimony on HB 210. REPRESENTATIVE GRUENBERG made a motion to adopt Conceptual Amendment 1, as follows [original text provided]: Page 2, line 6, after "paramedic" Insert "juvenile probation officer or juvenile detention or treatment facility staff" REPRESENTATIVE GRUENBERG then made a motion to amend Conceptual Amendment 1 such that it would say: Page 7, [paragraph] 8, include "juvenile probation officer or juvenile detention or treatment facility staff". 2:42:57 PM CHAIR McGUIRE clarified: Conceptual Amendment [1, as amended,] will allow latitude to the drafters to get it right, but we understand the basic ideas in the definitional section that applies then throughout the bill. Page 7, lines 4-7: that section there that will add "juvenile probation officer or juvenile detention or treatment facility staff". CHAIR McGUIRE noted that there were no objections to Conceptual Amendment 1, as amended. Therefore, Conceptual Amendment 1, as amended, was adopted. REPRESENTATIVE GRUENBERG made a motion to adopt Conceptual Amendment 2, which would define the term "public safety officer" to include federal and military public safety officers. REPRESENTATIVE ANDERSON turned attention to page 6, line 16, which would require assistance from departments and municipalities, and asked if federal departments would have to be added. REPRESENTATIVE GRUENBERG replied that such is not needed. REPRESENTATIVE ANDERSON opined that Conceptual Amendment 2 is too broad. 2:45:08 PM REPRESENTATIVE GRUENBERG said that it is not his intention to require the federal government to comply with the new statutes. He reiterated that he would like to protect and assist the federal officials who might be at risk at contracting bloodborne pathogens while on the job. REPRESENTATIVE ANDERSON cautioned that Conceptual Amendment 2 is too expansive. He noted that page 1, line 10, and page 2, line 9, say that the employing agency shall follow the testing procedure. He said, "We don't have purview over the federal government." 2:46:52 PM REPRESENTATIVE GRUENBERG said that he did not intend to make any changes to the term "employing agency." CHAIR McGUIRE remarked that she understands Representative Gruenberg's point, and likened it to when a federal employee or military police officer is acting as an agent for the state, carrying forward a duty that would normally be done by a state employee. ANNE CARPENETI, Assistant Attorney General, Legal Services Section-Juneau, Criminal Division, Department of Law (DOL), stated that the bill requires employing agencies not to divulge what they have learned about individual prisoners and offenders. She said, "If we add federal agents, we're not putting a concomitant responsibility on those employers." REPRESENTATIVE GRUENBERG withdrew Conceptual Amendment 2. 2:48:42 PM REPRESENTATIVE ANDERSON moved to report HB 210, as amended, out of committee with individual recommendations and the accompanying zero fiscal notes. There being no objection, CSHB 210(JUD) was reported from the House Judiciary Standing Committee.
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