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1995 SESSION

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SB 1045 Public safety employees and testing for blood-borne pathogens.

Introduced by: Janet D. Howell | all patrons    ...    notes | add to my profiles

SUMMARY:

Public safety employees and testing for blood-borne pathogens. Revises the procedure for evaluating and testing public safety employees or other persons when a direct exposure to body fluids occurs while the public safety employee is acting within the scope of his employment. This bill authorizes public safety agencies to request voluntary consent from the affected party (whether employee or other person) and, if voluntary consent is refused, to present written medical consultation stating that an exposure prone incident has occurred, at which time the individual would be deemed to consent to testing and disclosure of the test results. The agency will be required to inform employees, prisoners, and others of these requirements as soon as practicable. This provision is a modification of the deemed consent provision relating to health care practitioners and patients. Because the situations are quite different, obtaining the blood to conduct the tests may be more difficult in public safety situations. Therefore, the Department of Criminal Justice Services is required to convene an advisory group representing all kinds of public safety agencies to develop implementation recommendations. The Board of Criminal Justice Services will promulgate regulations consistent with the advisory groups recommendations and all public safety agencies must comply with the Board's regulations.


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