Minnesota Session Laws - 2004, Regular Session

                            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.