2005 Minnesota Statutes - 241.335 — Testing of available blood.

     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. 


    HIST: 2000 c 422 s 32