language to be deleted (2) new language
CHAPTER 252-S.F.No. 2640 An act relating to correctional officer safety; establishing an expedited process for the nonconsensual collection of a blood sample from an inmate when a corrections employee is significantly exposed to the potential transfer of a bloodborne pathogen; amending Minnesota Statutes 2002, section 241.336, by adding a subdivision. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2002, section 241.336, is amended by adding a subdivision to read: Subd. 3. [PROCEDURES WITHOUT CONSENT; EXPEDITED PROCESS.] (a) As used in this subdivision, "qualified physician" means a person who: (1) is a licensed physician employed by or under contract with the correctional facility to provide services to employees and inmates; and (2) is an infectious disease specialist or consults with an infectious disease specialist or a hospital infectious disease officer. (b) An inmate in a correctional facility is subject to the release of medical information related to bloodborne pathogen infections or the collection and testing of a blood sample if a significant exposure occurs as determined by procedures in section 241.331, subdivision 2, clause (1). In the absence of affirmative consent and cooperation in the release of medical information or collection of a blood sample, the head of a correctional facility, having reported to and consulted with the state epidemiologist, may order an inmate to provide release of medical information related to bloodborne pathogen infections or a blood sample for testing for bloodborne pathogens if: (1) the correctional facility followed the procedures in sections 241.33 to 241.336, subdivision 1, and 241.337 to 241.342 and attempted to obtain bloodborne pathogen test results according to those sections; (2) a qualified physician has determined that a significant exposure has occurred to the corrections employee under section 241.341; (3) a qualified physician has documented that the corrections employee has received vaccinations for preventing bloodborne pathogens, provided a blood sample, and consented to testing for bloodborne pathogens, and that bloodborne pathogen test results are needed for beginning, continuing, modifying, or discontinuing medical treatment for the corrections employee under section 241.341; (4) the head of the correctional facility has received affidavits from qualified physicians, treating the corrections worker and the inmate, attesting that a significant exposure has occurred to the corrections employee under section 241.341; (5) the correctional facility imposes appropriate safeguards against unauthorized disclosure and use of medical information or samples consistent with those established in sections 241.331 to 241.34; (6) a qualified physician for the corrections employee needs the test results for beginning, continuing, modifying, or discontinuing medical treatment for the corrections employee; and (7) the head of the correctional facility finds a compelling need for the medical information or test results. In assessing whether a compelling need exists under clause (7), the head of the correctional facility shall weigh the officer's need for the exchange of medical information or blood collection and test results against the interests of the inmate, including, but not limited to, privacy, health, safety, or economic interests. The head of the correctional facility shall also consider whether release of medical information or involuntary blood collection and testing would serve or harm public health interests. (c) Each state and local correctional facility shall adopt a plan for implementing by July 1, 2006, policies and procedures for: (1) the education and treatment of corrections employees and inmates that are consistent with those established by the Department of Corrections; (2) ensuring that corrections employees and inmates are routinely offered and are provided voluntary vaccinations to prevent bloodborne pathogen infections; (3) ensuring that corrections employees and inmates are routinely offered and are provided with voluntary postexposure prophylactic treatments for bloodborne pathogen infections in accordance with the most current guidelines of the United States Public Health Service; and (4) ensuring voluntary access to treatment for bloodborne pathogen infections in accordance with the most current guidelines of the United States Public Health Service for corrections workers or inmates who are determined to have a bloodborne pathogen infection through procedures established in sections 241.331 to 241.34. (d) The commissioner of corrections and the director of each local correctional facility shall provide written notice to each inmate through the inmate handbook, or a comparable document, of the provisions of this subdivision. [EFFECTIVE DATE.] This section is effective the day following final enactment. Presented to the governor May 18, 2004 Signed by the governor May 27, 2004, 5:20 p.m.