2006 Louisiana Laws - RS 15:739 — Inmate blood and saliva testing

§739.  Inmate blood and saliva testing

A.(1)  Any incarcerated prisoner, whether before trial, during trial, pending appeal, or after final conviction, who is housed in any jail, prison, correctional facility, juvenile institution, temporary holding center, or detention facility within the state who is involved in an incident in which another person is exposed to an infectious disease by the throwing of feces, urine, blood, saliva, any form of human waste, or bodily fluid on that other person shall submit to a test designed to determine whether the offender is infected with a sexually transmitted disease, or acquired immune deficiency syndrome (AIDS), the human immunodeficiency virus (HIV), HIV-1 antibodies, or any other probable causative agent of AIDS, viral hepatitis, or other infectious disease.  Each incarcerated prisoner who is involved in an incident shall be deemed to be an offender and shall be subject to testing.

(2)  The procedure or test shall be performed by a qualified physician or other qualified person who shall report any positive result to the chief administrator of the jail or correctional facility, if the offender is incarcerated, and shall also notify the offender, regardless of the results.  If the offender is incarcerated, the test may be administered at the place of incarceration or the offender may be transferred to an appropriate testing facility and returned to incarceration following the testing procedure.

B.(1)  If the offender tested under the provisions of Subsection A tests positive for a sexually transmitted disease, or AIDS, HIV, HIV-1 antibodies, or any other probable causative agent of AIDS, viral hepatitis, or other infectious disease, upon request, he shall be provided with the following services:

(a)  Counseling regarding HIV, viral hepatitis, or other infectious disease.

(b)  Referral to appropriate health care and support services.

(2)  These services shall be provided in accordance with applicable state law and the regulations governing the specific programs under which the services are to be provided.

(3)  The costs associated with this testing shall be paid by the offender.

C.  A person who has been exposed to the feces, urine, blood, saliva, any form of human waste, or bodily fluid of an incarcerated prisoner housed in any jail, prison, correctional facility, juvenile institution, temporary holding center, or detention facility within the state shall notify by affidavit, subject to penalty for false swearing, the chief administrator of the jail or correctional facility that the exposure has occurred and the administrator shall order the testing, as provided in this Section, of each incarcerated prisoner who was involved in the incident which resulted in the exposure.

Acts 1997, No. 1399, §1.