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.