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2006 Minnesota Statutes
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Chapter 241
Section 241.335
Topics
Recent History
- 2015 Subd. 2 Amended 2015 c 21 art 1 s 35
- 2000 241.335 New 2000 c 422 s 32
This is an historical version of this statute chapter. Also view the most recent published version.
241.335 TESTING OF AVAILABLE BLOOD.
Subdivision 1. Procedures with consent. If a sample of the inmate's blood is available, the
correctional facility shall ensure that blood is tested for bloodborne pathogens with the consent of
the inmate, provided the conditions in sections 241.331 and 241.332 are met.
Subd. 2. Procedures without consent. If the inmate has provided a blood sample, but
does not consent to bloodborne pathogens testing, the correctional facility shall ensure that the
blood is tested for bloodborne pathogens if the corrections employee requests the test, provided
all of the following criteria are met:
(1) the corrections employee and correctional facility have documented exposure to blood or
body fluids during performance of the employee's work duties;
(2) a licensed physician has determined that a significant exposure has occurred under section
241.341 and has documented that bloodborne pathogen test results are needed for beginning,
modifying, continuing, or discontinuing medical treatment for the corrections employee as
recommended by the most current guidelines of the United States Public Health Service;
(3) the corrections employee provides a blood sample for testing for bloodborne pathogens
as soon as feasible;
(4) the correctional facility asks the inmate to consent to a test for bloodborne pathogens and
the inmate does not consent;
(5) the correctional facility has provided the inmate and the corrections employee with all of
the information required by section 241.332; and
(6) the correctional facility has informed the corrections employee of the confidentiality
requirements of section 241.339 and the penalties for unauthorized release of inmate information
under section 241.34.
Subd. 3. Follow-up. The correctional facility shall inform the inmate whose blood was tested
of the results. The correctional facility shall inform the corrections employee's health care provider
of the inmate's test results without the inmate's name or other uniquely identifying information.
History: 2000 c 422 s 32
Subdivision 1. Procedures with consent. If a sample of the inmate's blood is available, the
correctional facility shall ensure that blood is tested for bloodborne pathogens with the consent of
the inmate, provided the conditions in sections 241.331 and 241.332 are met.
Subd. 2. Procedures without consent. If the inmate has provided a blood sample, but
does not consent to bloodborne pathogens testing, the correctional facility shall ensure that the
blood is tested for bloodborne pathogens if the corrections employee requests the test, provided
all of the following criteria are met:
(1) the corrections employee and correctional facility have documented exposure to blood or
body fluids during performance of the employee's work duties;
(2) a licensed physician has determined that a significant exposure has occurred under section
241.341 and has documented that bloodborne pathogen test results are needed for beginning,
modifying, continuing, or discontinuing medical treatment for the corrections employee as
recommended by the most current guidelines of the United States Public Health Service;
(3) the corrections employee provides a blood sample for testing for bloodborne pathogens
as soon as feasible;
(4) the correctional facility asks the inmate to consent to a test for bloodborne pathogens and
the inmate does not consent;
(5) the correctional facility has provided the inmate and the corrections employee with all of
the information required by section 241.332; and
(6) the correctional facility has informed the corrections employee of the confidentiality
requirements of section 241.339 and the penalties for unauthorized release of inmate information
under section 241.34.
Subd. 3. Follow-up. The correctional facility shall inform the inmate whose blood was tested
of the results. The correctional facility shall inform the corrections employee's health care provider
of the inmate's test results without the inmate's name or other uniquely identifying information.
History: 2000 c 422 s 32
Official Publication of the State of Minnesota
Revisor of Statutes