US Laws, Codes, Statutes & Cases

     241.341 Protocol for exposure to bloodborne pathogens. 

    (a) Correctional facilities shall follow applicable 
 Occupational Safety and Health Administration guidelines under 
 Code of Federal Regulations, title 29, part 1910.1030, for 
 bloodborne pathogens. 

    (b) Every correctional facility shall adopt and follow a 
 postexposure protocol for corrections employees who have 
 experienced a significant exposure.  The postexposure protocol 
 must adhere to the most current recommendations of the United 
 States Public Health Service and include, at a minimum, the 
 following: 

    (1) a process for corrections employees to report an 
 exposure in a timely fashion; 

    (2) a process for an infectious disease specialist, or a 
 licensed physician who is knowledgeable about the most current 
 recommendations of the United States Public Health Service in 
 consultation with an infectious disease specialist, (i) to 
 determine whether a significant exposure to one or more 
 bloodborne pathogens has occurred, and (ii) to provide, under 
 the direction of a licensed physician, a recommendation or 
 recommendations for follow-up treatment appropriate to the 
 particular bloodborne pathogen or pathogens for which a 
 significant exposure has been determined; 

    (3) if there has been a significant exposure, a process to 
 determine whether the inmate has a bloodborne pathogen through 
 disclosure of test results, or through blood collection and 
 testing as required by sections 241.33 to 241.342; 

    (4) a process for providing appropriate counseling prior to 
 and following testing for a bloodborne pathogen regarding the 
 likelihood of bloodborne pathogen transmission and follow-up 
 recommendations according to the most current recommendations of 
 the United States Public Health Service, recommendations for 
 testing, and treatment; 

    (5) a process for providing appropriate counseling under 
 clause (4) to the corrections employee and inmate; and 

    (6) compliance with applicable state and federal laws 
 relating to data practices, confidentiality, informed consent, 
 and the patient bill of rights. 

    HIST: 2000 c 422 s 38 

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.