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 blood-borne 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 blood-borne pathogens testing, the correctional facility shall ensure that the blood is tested for blood-borne 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 blood-borne 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 blood-borne pathogens as soon as feasible;
(4) the correctional facility asks the inmate to consent to a test for blood-borne 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.
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.
2000 c 422 s 32; 2015 c 21 art 1 s 35
Structure Minnesota Statutes
Chapters 241 - 244 — Corrections
Chapter 241 — Corrections; Department; Facilities
Section 241.01 — Creation Of Department.
Section 241.016 — Annual Performance Report Required.
Section 241.018 — Per Diem Calculation.
Section 241.02 — Transfer Of Powers And Duties.
Section 241.021 — Licensing And Supervision Of Facilities.
Section 241.023 — Designation Of State Correctional Facilities.
Section 241.025 — Fugitive Apprehension Unit.
Section 241.026 — Correctional Officers Discipline Procedures.
Section 241.05 — Religious Activities.
Section 241.06 — Record Of Inmates; Commissioner Of Corrections.
Section 241.065 — Conditional Release Data System.
Section 241.067 — Release Of Inmates; Duties Of Commissioner.
Section 241.068 — Homelessness Mitigation Plan; Annual Reporting On Homelessness.
Section 241.07 — Transfer Of Inmates To Other State Institutions.
Section 241.08 — Money Of Inmates Of Correctional Institutions.
Section 241.09 — Unclaimed Money Or Personal Property Of Inmates Of Correctional Facilities.
Section 241.10 — Disposal Of Funds; Correctional Institutions.
Section 241.105 — Social Security Administration Incentive Payments; Inmate Discharge Planning.
Section 241.11 — Protection Against Fire.
Section 241.13 — Contingent Account; Damage Deposits; Correctional Institutions.
Section 241.14 — Physical Examinations For Employment In Correctional Facilities.
Section 241.16 — Cemetery At Correctional Facilities.
Section 241.18 — Abandonment Of Cemetery; Court Order.
Section 241.20 — Inmates To Do Conservation Work.
Section 241.21 — Inmates Available To State Departments.
Section 241.22 — May Expend Money.
Section 241.23 — Chief Executive Officer To Make Selection.
Section 241.241 — Prison Gardening Program.
Section 241.251 — Press And Media Access For Inmates.
Section 241.26 — Private Employment Of Inmates Of State Correctional Institutions In Community.
Section 241.265 — Higher Education; Certain Payments Prohibited.
Section 241.271 — Reimbursement Of Counties And Municipalities; Budget Request.
Section 241.272 — Fee Collection.
Section 241.275 — Productive Day Initiative Programs; Correctional Facilities.
Section 241.278 — Agreements For Work Force Of State Or County Jail Inmates.
Section 241.30 — Powers With Relation To Compact.
Section 241.301 — Fingerprints Of Inmates, Parolees, And Probationers From Other States.
Section 241.31 — Establishment And Operation By Municipality.
Section 241.32 — Establishment And Operation By State.
Section 241.331 — Conditions For Applicability Of Procedures.
Section 241.332 — Information Required To Be Given To Individuals.
Section 241.333 — Disclosure Of Positive Blood-borne Pathogen Test Results.
Section 241.334 — Consent Procedures Generally.
Section 241.335 — Testing Of Available Blood.
Section 241.336 — Blood Sample Collection For Testing.
Section 241.337 — No Care Or Treatment Withheld.
Section 241.338 — Use Of Test Results.
Section 241.339 — Test Information Confidentiality.
Section 241.341 — Protocol For Exposure To Blood-borne Pathogens.
Section 241.40 — Periodic Reviews Of Substance Abuse Assessment Process.
Section 241.415 — Release Plans; Substance Abuse.
Section 241.416 — Substance Abuse Programs; Record Keeping.
Section 241.67 — Sex Offender Treatment; Programs; Standards; Data.
Section 241.69 — Mental Health Unit; Establishment.
Section 241.70 — Programs For Female Offenders.
Section 241.71 — Creation Of Advisory Task Force.
Section 241.72 — Program Funding.
Section 241.73 — Duties Of Commissioner.
Section 241.75 — Inmate Health Care Decisions.
Section 241.80 — American Indian Cultural Program.
Section 241.85 — Educational Assessments.
Section 241.86 — Mentoring Grant For Children Of Incarcerated Parents.
Section 241.88 — Restraining An Incarcerated Pregnant Woman.
Section 241.89 — Requirements For An Incarcerated Woman.
Section 241.90 — Office Of Ombudsperson; Creation; Qualifications; Function.
Section 241.92 — Organization Of Office Of Ombudsperson.
Section 241.93 — Powers Of Ombudsperson; Investigations; Action On Complaints; Recommendations.