SB 309-BLOOD PATHOGENS TESTING OF PRISONERS  MR. KURT OLSON, staff to Senator Tom Wagoner, sponsor of SB 309, told members that Alaska law currently allows testing of prisoners for blood borne pathogens at the request of rape victims. SB 309 would allow correctional officers who have been exposed to blood or other bodily fluids to request that the prisoner responsible for the potential contamination be tested. He explained that Alaska statute 18.15 would be amended to include five new provisions. · AS 18.15.400 authorizes the testing process · AS 18.15.410 provides consent provisions · AS 18.15.420 addresses situations for which testing occurs without consent · AS 18.15.440 addresses confidentiality issues and provides penalties for disclosure · AS 18.15.450 contains definitions MR. OLSON informed members that 41 correctional officers were potentially exposed to blood borne pathogens last year. Those pathogens can be HIV, Hepatitis B, or Hepatitis C. In most of the cases, the exposure was intentional. Current treatment for exposure consists of a daily treatment for about two weeks of what is called a "cocktail." The cocktail contains numerous drugs to counteract several diseases. The side effects can be severe, and prevents most correctional officers from working. The Department of Corrections (DOC) supports SB 309 and he is aware of no opposition to the bill. SENATOR OGAN said he is aware that correctional officers are not allowed to discuss their medical histories and exposures to blood borne pathogens. He asked, if the exposure is intentional, the carrier could be charged with assault if the officer contracted an infectious disease, and whether anyone has ever been charged. MR. OLSON deferred to Ms. Parker for an answer. DEPUTY COMMISSIONER PORTIA PARKER, DOC, said she was not sure how many assault charges have been filed. She explained that DOC's standard procedure, when an officer is assaulted by an inmate, whether any blood is exchanged or not, is to call the Alaska State Troopers (AST). She added that very few instances have occurred. SENATOR FRENCH asked if blood borne pathogens can be transmitted by spitting. SENATOR OGAN nodded affirmatively. MR. OLSON thought hepatitis can be transmitted by spitting, as well as biting. SENATOR FRENCH asked if a fluid-to-fluid transfer must occur. MR. OLSON replied, "I believe it can be fluid to mucous membranes - eyes." SENATOR FRENCH referred to the language that begins on line 30 of page 4 and remarked that paragraph (2) on page 5 should not be included in the list of things the court finds. SENATOR OGAN asked, excluding paragraph (2), if the sponsor intends that paragraphs (1), (3), and (4) all be met. MR. OLSON said it is Senator Wagoner's intent that all three criteria be met and that it also must be at the request of the potentially infected correctional officer. SENATOR FRENCH commented that SB 309 is well crafted and well balanced. CHAIR SEEKINS announced a recess at 8:25 a.m. and reconvened the meeting at 8:30 a.m. He then announced that he consulted with the sponsor, who would like to amend SB 309 to make paragraph (2) on page 5, subsection (d), rename the current subsection (d) subsection (e), and rename paragraphs (3) and (4) to (2) and (3) [Amendment 1]. SENATOR OGAN so moved. CHAIR SEEKINS announced that without objection, the motion carried. SENATOR OGAN asked why Hepatitis A was not included on page 6 as it is easily transmittable, and suggested saying "including but not limited to." SENATOR THERRIAULT thought the current wording does not limit the blood borne pathogens to those listed. CHAIR SEEKINS suggested clarifying that section by saying "not limited to." SENATOR OGAN moved to insert ", but are not limited to" on page 6, line 1 [Amendment 2]. CHAIR SEEKINS announced that without objection, Amendment 2 was adopted. He then closed public testimony due to lack of participants. SENATOR OGAN moved CSSB 309(JUD) from committee with individual recommendations and its attached fiscal note. Without objection, the motion carried.