HomeMy WebLinkAboutMINUTES - 12191995 - SD13 S D 3
R" TO: BOARD OF SUPERVISORS F&HS-04 Contra
FROM: FAMILY AND HUMAN SERVICES COMMITTEE Costa
Count
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DATE: December 11, 1995
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SUBJECT: REPORT ON TESTING OF PRISONERS AND OTHERS FOR THE HIV VIRUS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. ADOPT the attached Resolution pursuant to the provisions of Penal Code
Section 7505 in order to make the provisions of Title 8 of Part 3 (Commencing
with Section 7500 et seq.) of the Penal Code operative in Contra Costa
County with the understanding-that Title 8 will be implemented based on the
attached protocols and consistent with the attached policies and procedures
manual section from the Sheriff's Department.
2. REMOVE this item as a referral to the 1995 Family and Human Services
Committee.
BACKGROUND:
On October 3, 1995,the Board of Supervisors referred to our Committee the request
of the Sheriff-Coroner that the Board adopt a Resolution in order to make that portion
of the Penal Code which deals with the medical testing of prisoners operative in this
County.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD M ITT
APPROVE OTHER
SIGNATURES
ACTION OF BOARD ON December I q 1995 PPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT None ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED December 19, 1995
Contact: County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: Sheriff-Coroner SUPERVISORS AN COUNTY ADMINISTRATOR
Health Services Director
County Health Officer
County Counsel BY - DEPUTY
F&HS-04
On November 7, 1995, the Board of Supervisors approved a report from our Committee
which included the following recommendations:
1. DIRECT the County Health Officer to prepare and forward to the Family and Human Services
Committee on December 11, 1995 a policy statement which discusses the factors outlined in
Penal Code Section 7511 which are to be taken into consideration by the chief medical officer
(County Health Officer) in making a decision to order a non-consensual test of certain
individuals for the HIV virus,which discusses other criteria or circumstances which the County
Health Officer may take into consideration in making this decision,which describe the County
Health Officer's understanding of the phrase"...could have resulted in a significant risk of AIDS
infection..:'as used in Penal Code Section 7511 (b)(1) and which,to the extent this is possible,
could be a guide for the actions of the County Health Officer in this regard.
2. REQUEST the Sheriff-Coroner to prepare and forward to the Family and Human Services
Committee on December 11, 1995 a protocol which will be followed by his staff in reporting
situations which may result in a non-consensual test of certain individuals for the HIV virus and
which will outline the manner in which the confidentiality of the involved parties will be
maintained.
3. REQUEST both the Health Services Director and the Sheriff-Coroner to survey other counties
to determine which have implemented Title 8, Part 3 (commencing with Section 7500) of the
Penal Code and what their experiences have been with the implementation of this Title,
including the number of reports that have been made pursuant to Title 8,the frequency with
which non-consensual testing has been performed and what criteria, protocols or policy
statements have been adopted by the County Health Officer,Sheriff,or Board of Supervisors
in this regard and report their findings to the Family and Human Services Committee on
December 11, 1995.
On December 11, 1995, our Committee met with staff from the Sheriff's Department
and the Health Services Department. We also received and reviewed the attached
reports from the Public Health Director and Sheriff-Coroner. The report from the
Public Health Director dated December 9, 1995, includes the necessary protocols
to implement the testing program in this County, as. requested by the Board of
Supervisors. These protocols were developed jointly by the Health Services
Department and the Sheriffs Department and both Departments urge their approval.
The policies and procedures manual section from the Sheriff outlines the procedures
and responsibilities of the staff in the Sheriffs Department in regard to implementing
Title 8.
We believe that the protocols and policies and procedures provide for the necessary
precautions and for the preservation of the rights of all involved individuals. In view
of the approval of the protocols by both Departments and in light of the policies and
procedures manual section from the Sheriff's Department, our Committee is
prepared to recommend adoption of the necessary Resolution to make Title 8
operative in Contra Costa County.
-2-
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this order on December 19.1995 by the following vote:
AYES: _,STT-PFRUISORS ROGERS, SMITH, DeSAULNIER, TORLAKSON and BISHOP
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 95/641
WHEREAS, the public peace, health. and safety is endangered by the spread of acquired
Immune deficiency syndrome (AIDS); and
WHEREAS, the spread of AIDS presents a grave danger to law enforcement personnel who
come Into contact with arrestees and prisoners infected with the AIDS virus; and
WHEREAS, the protection of the health and safety of these personnel is of great Importance
to the people of Contra Costa County; and
WHEREAS, the testing of individuals in custody of law enforcement for evidence of infection
by the HIV virus, AIDS or AIDS related complex would help provide a level of information
necessary for effective disease control within custodial institutions, and would help preserve
the health of law enforcement personnel, inmates and the public at large; and
WHEREAS, such testing would be undertaken only in those cases deemed appropriate by the
chief medical officer and in compliance with all legal requirements, including those provisions
pertaining to the confidentiality of results.
NOW THEREFORE, BE IT RESOLVED that the provisions of Title 8 of Part 3 of the Penal
Code (sections 7500 et seq.) regarding the medical testing of persons therein designated for
the HIV virus, AIDS or AIDS related complex, shall be operative in Contra Costa County.
I hereby certify that this is a true and
correct copy of an action taken and
entered on the minutes of the Board of
Supervisors on the date shown.
Attested: December 19, 1995
` Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator.
By: Deputy
cc: W.E. Rupf, Sheriff
G.T. Yancy, District Attorney
M. Finucane, Director of Health Service Department
RESOLUTION NO. 95/641
CONTRA COSTA COUNTY SHERIFF-CORONER Number 6-2. 10
DEPARTMENT MANUAL Replaces 6-2.10 of 1-31-91
POLICIES AND PROCEDURES Date December 8. 1995
Approved
SUBJECT COMMUNICABLE DISEASE - PREVENTION AND CONTROL
POLICY The Department bears the responsibility to the public and its
employees to increase awareness about risks, methods of
transmission, and procedures for handling communicable diseases.
REFERENCE California Penal Code §1524.1
California Penal Code §7500-7540
Health and Safety Code §199.95-199.99
California Government Code §13960-13973
Center for Disease Control Guidelines_
Contra Costa County Sheriff's Department Policy #5-2. 1
Contra Costa County Sheriff's Department Bloodborne Pathogens
Exposure Control Plan - Appendix
DEFINITIONS A.I.D.S. : Acquired Immune Deficiency Syndrome, caused by H.I.V. ,
is a disease that results in the body's inability to fight
infections which results in illness and death.
A.R.C. : A.I.D.S. related complex is a condition caused by the
A. I .D.S. virus and has a specific set of symptoms.
Body Fluids: Blood, semen, drainage, pus, saliva, sputum, mucus,
vomit, urine, feces, vaginal secretions, cerebrospinal fluid,
synovial fluid, pleural fluid, and amniotic fluid.
Chief Medical Officer: As used' in this policy is the County Helath
Officer-via Communicable Disease Control/AIDS Program, 597 Center
Ave., Suite 200, Martinez.
Communicable Disease: An infectious disease capable of being
passed to another by contact with an infected person or their body
fluids.
C.P.R. : Cardiopulmonary Resuscitation is a life saving technique
whereby the rescuer temporarily maintains the function of an
individual's respiratory and circulatory systems.
Excreta: Waste matter eliminated or separated from an organism.
H.B.V. : Hepatitis B virus causes an infectious disease of the
liver transmitted by blood or sexual fluids.
Herpes: Inflammatory viral diseases of the skin and nerve endings
characterized by clusters of blisters transmitted by direct
contact with blisters.
H.I.V. : Human Immunodeficiency Virus is the virus that causes
A.I .D.S. .
A
• Meningitis: A disease in which inflammation of the meninges
. (membranes that envelope the brain and spinal cord) occurs caused
by several kinds of virus or bacteria and may be transmitted by
respiratory contact such as mouth to mouth resuscitation.
DEFINITIONS Syphilis: A contagious venereal disease caused by bacteria
transmitted by blood or direct contact with open lesions.
Tuberculosis: A bacterial disease that can be transmitted through
sputum and is spread by inhaling airborne droplets from infected
people.
GENERAL
INFORMATION The guidelines set forth in this policy apply to the following
communicable diseases:
1) A. I.D.S. 3) H.B.V. 5) Herpes 7) Syphilis
2) A.R.C. 4) H.I.V. 6) Meningitis 8) Tuberculosis
The following guidelines shall be followed when on-duty employees
contact another individual's body fluids or excreta in the
following ways:
1) Blood, semen, drainage, pus, saliva, sputum, mucus, vomit,
feces, vaginal secretions, cerebrospinal fluid, synovial
fluid, pleural fluid, and amniotic fluid in an employee's
eyes, mouth, or broken skin
2) Needle stick from used needle
3) Mouth to mouth breathing (CPR) unprotected
4) Human bites
UNIVERSAL PRECAUTIONARY MEASURES
Should Departmental employees reasonably expect contact with or by
another individual's body secretions or excreta, preventive
measures should be taken to avoid possible disease contamination.
A. Employees should always assume that all body secretions are
potentially infectious, regardless of the source.
B. The best practice is to wear disposable gloves to protect the
hands and keep them clean.
1) Replace gloves that are heavily stained during the
course of routine tasks.
2) Upon task completion wash hands thoroughly with soap and
water.
3) Use a 1:10 solution of chlorine bleach and water or at
least 70% alcohol to thoroughly disinfect hands, when
available.
C. Keep hands away from the eyes, nose, and mouth.
6-2.10:2
I) If eyes, nose, and mouth become contaminated rinse
thoroughly with water.
D. Always maintain a clearly marked plastic bag for no other
purpose than to collect contaminated items.
GENERAL
INFORMATION E. Constantly be alert for sharp objects, such as hypodermic
needles, knives, razors, nails, etc. Use utmost care to
prevent cuts and punctures.
1. Do not use hands to search areas out of view. Use a
mirror to look under seats and a long-handled spoon to
probe between seat cushions.
F. All clothing articles contaminated with body fluids should
be removed and placed in a marked plastic bag for cleaning.
G. All contaminated equipment (from automobiles to ink pens) and
work surfaces should be disinfected with a 1:10 solution of
bleach and water to avoid further possible disease
contamination.
H. Contact your physician immediately.
TRAINING
A. Continual Essential Training on the implementation of this
policy shall be given to all employees. (Reference
Department Policy #5-2.1)
B. All new employees shall receive training during divisional
orientation.
C. Divisions will maintain records of employees who have
completed communicable disease training.
LEGAL AUTHORITY
A. Health and Safety Code §199.95-199.99: Authorizes testing if
a valid criminal charge has been filed against an individual
by the District Attorney. Deputies and victims of crimes may
petition the court to request authorization for testing of an
individual who has been accused of specified crimes
(including assault on a police officer, resisting or
interfering) for the HIV virus and other communicable
diseases.
B. Penal Code §7500-7540: Allows and authorizes testing of
individuals in certain circumstances, whether or not a
criminal charge has been filed. This legislation also allows
inmates to request testing of other inmates in certain
situations. This legislation also permits revoking the bail,
probation or parole of individuals who refuse to comply with
6-2.10:3
• ordered testing. Prior to forced testing under this
legislation:
1. The County Health Officer must make a finding that there
is a reasonable belief that a significant risk of
exposure occurred. The County Health Officer may
interview witnesses and receive testimony from involved
parties prior to making a decision.
2. The person requesting the test must undergo a baseline
test prior to forced testing.
3. An appeals process, for anyone disagreeing with the
findings of the County Health Officer; allows either the
petitioning employee, or the subject from whom testing
is sought to petition to a Hearing Panel and to Superior
Court for an ultimate finding.
TEST RESULTS
Test results are forwarded to each requesting victim and the
accused.
CONFIDENTIALITY
Physicians are not subject to civil or criminal liability for
performing an HIV test, or for disclosing the HIV status of a
source patient to a physician certifying the exposure, the exposed
individual, or any attending physician of the exposed individual,
if the physician acted in good faith in compliance with the law.
The exposed individual MUST keep the HIV test results and any HIV-
related information about the source patient confidential and may
not further disclose the information.
EXPOSED INDIVIDUALS BREACHING STATE CONFIDENTIALITY LAWS ARE
SUBJECT TO CIVIL AND CRIMINAL LIABILITY!
PROCEDURE 1 EMPLOYEE RESPONSIBILITIES
A. Any employee who feels that they might have been exposed to
a communicable disease while on duty will immediately notify
their immediate supervisor. The employee MILL NOT request
voluntary testing, but will ensure that his immediate
supervisor makes this request from the involved subject.
B. If the criteria for voluntary testing is not met, the
employee will complete:
1. "Notification of Possible Communicable Disease Exposure"
(form EMS 6) .
2. "Petition for Order to Test Accused's Blood" form to
request authorization for testing.
6-2.10:4
3. "Report of Request and Decision for HIV Testing" (form
DHS 8459).
C. All employees are encouraged to contact the County Health
Department to be serially tested and receive counseling.
Follow-up testing is highly recommended to establish a
baseline.
PROCEDURE 2 SUPERVISOR'S RESPONSIBILITIES
A. The supervisor on duty at the time of the incident will
request voluntary testing from an arrestee/inmate via written
consent, or obtain samples incident to the arrest, if
possible.
The supervisor WILL NOT have the involved employee request
voluntary testing.
Samples may be drawn upon request by MDF nursing staff.
B. The supervisor will ensure the completion and signing of the
following and submit all through the chain of command to the
Division Commanders:
1. "Supervisor's Occupational and Injury Report" (form
AK30),
2. "Employees Claim for Workers' Compensation Benefits"
Form,
3. "Notification of Possible Communicable Disease Exposure"
(to be completed by the employee) ,
4. "Consent for the HIV Antibody Blood Test" if applicable,
5. "Petition for Order to Test Accused's Blood" if
applicable (to be completed by the employee),
6. "Authorization for Disclosure of the Results of Blood
Test(s) to Detect the presence of HIV Antibodies",
7. "Report of Request and Decision for HIV Testing" (to be
completed by the employee).
(Forms available from Resources & Planning/respective
division administrations)
C. Ensure that all documents have been completed and forwarded
through the chain of command to the Division Commander within
twenty-four hours.
D. If blood is drawn voluntarily, or incident to the arrest, the
supervisor will forward the two labeled blood samples along
6-2.10:5
with the completed forms below to the County Health
Department (Monday through Friday) for testing as soon as
possible. Exception: Samples should given to the Intake
Nurse at the Martinez Detention Facility for refrigeration
if the Health Department is closed, who will ensure delivery
to the Health Department when opened.
IMPORTANT IMPORTANT IMPORTANT
Note: Whole blood samples must be placed in red top
vacutainer vials (i.e., uncontaminated vials with
no preservatives.) Blood and urine alcohol
vacutainer (gray top) or blood typing vacutainers
(purple top) cannot be used for HIV testing.
D. Forward copies of the forms listed below to the Professional
Standards and Resources Bureau Commander, via the chain of
command.
1. "Consent for the HIV antibody Blood Test"
2. "Notification of Possible Communicable Disease Exposure"
3. "Authorization for Disclosure of the Results of Blood
Test(s) to detect the Presence of HIV Antibodies
4. "Petition for Order to Test Accused's Blood"
E. Supervisors should encourage employees to contact the County
Health Department or their personal physician for personal
testing and counselling.
PROCEDURE 3 DIVISION COMMANDER'S RESPONSIBILITIES
A. In all cases where voluntary testing has been refused, the
Division Commander will:
1. Ensure that all documents have been completed for
processing the victim's request to the court within
twenty-four hours of possible exposure. (Refer to
Procedure 2, Section B above. )
2. Forward all documents (including support documentation,
crime report, etc. ) to the Professional Standards &
Resources Bureau Commander within twenty-four hours of
the exposure.
B. Assign an employee to sit on an Appeal Board, when requested
by the County Health Officer.
C. Ensure that all employees receive divisional training on the
implementation of this policy.
6-2.10:6
PROCEDURE 4 THE PROFESSIONAL STANDARDS AND RESOURCES BUREAU'S RESPONSIBILITY
The Commander of the Professional Standards and Resources Bureau
will ensure that the following occurs:
Criminal Actions
A. Review a l l documents received from the concerned Division and
ensure the documents listed below are completed:
1. "Consent for the HIV antibody Blood Test",
2. "Notification of Possible Communicable Disease
Exposure",
3. "Authorization for Disclosure of the Results of
Blood Test(s) to detect the Presence of HIV
Antibodies,
4. "Petition for Order to Test Accused's Blood",
5. "Proposition 96 Order to Test Accused Blood" Form,
B. Take all completed documents to the District Attorney's
Office accompanied by the investigator seeking a Criminal
Complaint.
1. Once the Criminal Complaint has been issued it
shall be hand carried to the appropriate court
along with the Petition For Order and Order to
Test.
2. When the Complaint is filed with the Clerk of the
Court the Professional Standards and Resources
Bureau Commander will request a meeting with a
judge to review the petition and grant the order.
3. If there will be a delay in issuing a Complaint
the Professional Standards & Resources Bureau
Commander will hand carry the Petition for Order,
and Order to Test, along with supporting documents
to the appropriate court for review by a judge and
request the issuance of the Order.
4. The original Petition and Order will be filed
along with the Criminal Complaint with the Clerk
of the Court. Certified copies of the Petition
and Order will be needed for:
a. One set to the Martinez Detention Facility,
"M" Module, if blood is to be drawn
b. One set to County Health Department along
with blood samples to allow testing (Do not
6-2.10:7
• send samples to the Criminalistics
Laboratory)
C. One set for Department files
PROCEDURE 4 C. Notify Risk Management
D. Notify the County Infectious Disease Control Unit
E. Refer victim to the County Health Department-A.I.D.S. program
for pre-request counseling.
F. Coordinate A. I.D.S. transmission training with the County
Health Services Department and the divisions.
Non Criminal Actions
California Penal Code §7500 et seq. , addresses the requirements
and procedures for communicable disease testing where no criminal
charge has been filed, or is anticipated. This would apply where
incidental contact occurs, or as is sometimes the case at
Detention Facilities, the incident will be handled through inmate
disciplinary procedures.
The process under this section requires the completion of the
forms indicated under Procedure 2 B. The Supervisor must also
ensure that the "Report of Request and Decision for HIV Testing"
(form #DHS8459) form is completed and forwarded through the chain
of command.
G. Review and ensure all appropriate documents (listed in
Procedure 4 A) received from the concerned divisions are
completed properly.
H. Will notify the County Health Officer-via Communicable
Disease Control/AIDS Program, 597 Center Ave. , Martinez to
request a formal decision to have an unconsenting individual
serially tested for communicable diseases.
1. Appropriate documents will be delivered to the County
Health Officer within forty-eight hours of the exposure.
I . When the County Health Officer issues a decision to order
testing (and the appeal process has been completed);
1. Professional Resources and Standards will receive the
"Report of Request and Decision for HIV Testing", signed
by the County Health Officer.
2. Professional Resources and Standards will ensure that
blood is drawn and delivered to the County Health
Department, Laboratory.
3. Complete steps listed in Procedure 4 C-E.
6-2.10:8
J. If the County Health Officers issues a decision to deny
testing;
1. Professional Resources and Standards will ensure that
the Deputy is notified and aware of his/her appeal
rights.
2. If the employee chooses to -appeal a negative decision by
the County Health Officer, ensure that the employee
completes the "Report of Request for Appeal for HIV
Testing" (form DHS 8457) within the three day period
allowed for appeals.
3. Will notify County Health Officer immediately of appeal,
when requested.
4. If the Appeal Board also issues a negative finding,
Professional Resources and Standards will, at the
request of the involved employee, carry the appeal to
Superior Court for review by a judge.
5. If testing does not occur, complete steps listed in
Procedure 4 C-E.
J. If at any time during the process listed in this section, the
Sheriff's Office determines to proceed with a criminal
complaint and testing as authorized in H+S 199.95-199.99,
Professional Resources and Standards will immediately notify
the County Health Officer to suspend his investigation.
PROCEDURE 5 INMATES REQUESTING TESTING
A. Inmates requesting testing of another inmate should be
immediately reffered to the medical staff of the detention
facility.
1. Deputies should not question or comment on the inmates
request.
6-2.10:9
I
1
SE Contra Costa County
_L
Health Services Department
--- __ PUBLIC HEALTH DIVISION
Administrative Offices
40 597 Center Avenue
Suite 200
Martinez,California 94553
STS
co
December 9, 1995
To: Family and Human Services Committee
Contra Costa County Board of Supervisors /
From: Wendel Brunner, M.D.
Associate Director for Public Health
Health Services Department
Re: New legislation regarding HIV testing in correctional institutions
Attached is a copy of a draft protocol developed by Public Health in collaboration with the
Sheriff's Office. This protocol is focussed on operational concerns in implementing this law
between Health Services and Sheriff's Departments. Further work will need to be done with all
police agencies operating within the county and the Probation Department.
We do not see any major obstacles in implementing this new law.
cc: William Walker, Health Officer
Mark Finucane, Director, Health Services Department
A'179 (7 4„
1
I
i
DRAFT
To:
From: Francie Wise,PHN, MPH
Director, Communicable Disease Control
Public Health Division
Re: Legislation allowing certain involuntary HIV testing of inmates in specific circumstances
when law enforcement employees or other inmates have been exposed to potentially HIV
infectious body fluids.
i
Attached is a packet of information related to Title 8, Part 3 of the Penal Code (Sections 7500 et
seq.) which provides for the testing of inmates for HIV when requested by a law enforcement
employee* or another inmate when the our county health officer determines that the requestor*
has been exposed to a bodily fluid of an inmate which presents a significant risk of HIV
transmission.
* See Definitions - Section A
Included in this packet are:
Section A Definition of terms
Section B Protocols for implementing the law in Contra Costa County (including the
process of both voluntary consent for testing of the inmate and involuntary
testing of the inmate as the law specifies
B 1 Protocol for obtaining voluntary consent for HIV testing of an inmate
B2 Protocol for obtaining an involuntary order for an HIV test of an inmate
B3 Protocol for requesting an appeal of the Health Officer's order
B4 Other requirements of the law: revocation of probation, notification
requirements and inadmissibility of evidence for criminal or disciplinary
proceedings j
Attachments Report of Request& Decision for HIV Testing (Involuntary) I
Authorization for Disclosure of Results of Blood Tests
Consent for HIV Antibody Test
Notice of Right of Appeal i
Report to Request Appeal for HIV Testing
Title 8/Part 3 of Penal Code (Sections 7500 et seq)
I
Section A - Definition of Terms
1. "Chief Medical Officer"in Contra Costa County refers to the county's Health Officer
§7510(c)(4).
2. "Correctional institution" in Contra Costa County refers to any city or county jail or city
or county juvenile facility §7502(a).
3. "Law enforcement employee"means
• staff of correctional institutions (see 2 above)
• California Highway Patrol officers
• County Sheriff's deputies
• city police officers
• probation officers
• city and county employees "including but not limited to judges, bailiffs, court
personnel and public defenders who, as part of the judicial process involving an
inmate of a correctional facility, or a person charged with a crime, including a
minor charged with an offense for which he or she may be made a ward of the
court- are engaged in the custody,transportation or care of these persons."
§7502(c)
4. "HIV"means Human Immunodeficiency Virus,the virus that causes AIDS (Acquired
Immune Deficiency Syndrome. §7502(d)(e)
5. "Inmate" in Contra Costa County refers to either of the following:
(a) a person in a city or county jail who has either been convicted of a crime
or arrested or taken into custody whether or not he or she has been charged
with a crime or
(b) any person in a city or county-operated juvenile facility who has
committed an act or been charged with an act specified in Section 602 of
the Welfare and Institutions Code § 7502(g).
6. "Bodily fluids"means blood, semen or any other body fluid identified by the Centers for
Disease Control or the State Department of Health Services as capable of transmitting
HIV §7502(h).
7. "Requestor"means any employee listed in#3 above or an inmate 45 (a) above. For a
juvenile#5(b)to be a requestor, he or she must be 15 years old or older. A minor may
file a request through a staff member of the facility in which s/he is confined or a staff
member may, on his or her own volition, may file a report on behalf of the minor.
8. "Medical staff'means the staff providing medical care within the correctional institution.
3
B 1 - Protocol for obtaining voluntary consent for HIV testing of an inmate
When the requestor believes s/he has been exposed to a high risk bodily fluid of an inmate:
Who What Timing
Requirement
Law Inform medical staff of your exposure and request a voluntary Must occur within
enforcement HIV test of the inmate. Simultaneously, complete form DHS two working days
officer or an . 8459 notifying Public Health of the exposure and describing the of the incident
inmate exposure incident. Forms will be located with your supervisor.
Send forms according to Sheriff's Department protocols.
Juvenile If the requestor is a juvenile,the parent/guardian of the requestor
Facility Staff should be notified.
Director of If the parent/guardian refuses consent,the Youth Authority
Youth Director may request the juvenile court to rule on whether the
Authority request procedure should continue
Juvenile Determines whether procedure should continue Within five days
Court of case being
brought before the
court
Medical Approach the inmate for a voluntary consent to be tested. Within two days
Staff Inmates must sign a consent to be tested and a consent for the of receipt of
test result to be released to the requestor. Inform inmate report.
regarding process for involuntary testing and possible
consequences of non-cooperation(e.g., court order, revocation of
probation, etc.)with involuntary testing if ordered.
Medical At the time of drawing blood for voluntary testing, staff will
Staff provide the inmate with information about how to receive his/her
test results should s/he be released prior to receipt of the test
results.
Medical Will notify Public Health that the inmate has consented to Same day or
Staff voluntary testing. following
working day
Note: If a voluntary test is given,the process to implement
sections B2-B4 are discontinued at this point.
Medical If the inmate agrees to a voluntary test,the requestor and the Within five days
Staff inmate will be provided counseling. The requestor will be of the request
offered testing;the inmate will be tested.
4
Who What Timing
Requirement
Medical Will provide test results to inmate and requestor along with Within two
Module Staff appropriate HIV counseling working days of
receipt of the test
results
If the inmate refuses to consent to a voluntary test and/or to
the consent to release the test result to the requestor, proceed
to B2.
5
B2 - Protocol for Obtaining an Involuntary Order for an HIV Test of an inmate
Who What When
Note: This section applies only after a voluntary HIV test has been refused by the inmate
and/or the inmate has refused to consent to disclose the test result to the requestor.
County Following receipt of Form DHS 8459(see Section B 1),the Within five days
Health County Health Officer may receive written or oral testimony of receipt of form
Officer from the requestor, from the inmate and from witnesses to the
through the incident. This process will be facilitated by the Public Health
Public AIDS Program.
Health AIDS
Program
County Responds in writing to the request by either ordering the inmate' Within five days
Health to be tested or by denying the request. of receipt of form
Officer
County Copies of the decision are provided to the requestor's supervisor Within five days
Health to deliver to the requestor,to the subject of the request and to the of receipt of form
Officer superintendent of the correctional institution. In the case of a
minor, a copy of the decision is also provided to the parents or
guardian of the minor.
Requestor If either the employee or inmate requesting the test wishes to
appeal the decision, proceed here to B3.
Medical If no party files an appeal the Health Officer's decision,the
Staff decision is considered final. If there is no appeal and the Health
Officer has ordered testing,counseling will be provided to the
requestor and the inmate. The requestor will be offered testing;
the inmate will be tested. Counseling will be provided to both
the requestor and the inmate at the time test results are provided.
Public If the inmate has been released from the facility at the time to
Health AIDS Health Officer's order to test has occurred,the inmate will be
Program contacted and informed of the order,of their rights under the law
and of consequences of non-cooperation. The AIDS Program
will also make an appointment for the subject of the test to be
tested.
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133- Protocol for Requesting an Appeal to the Health Officer's Order
Who What Timing
Requirement
County A description of the right to appeal will accompany the copies of
Health the decision which are provided to the requestor, to the subject
Officer of the request and to the superintendent of the correctional
institution. In the case of a minor, a copy of the decision is also
provided to the parents or guardian of the minor.
Requestor or. Must file form DHS 8457 requesting of an appeal. Forms to Within three days
parent of request an appeal are available with Medical staff. Forms of receipt of the
requesting should be faxed to the AIDS Program Testing Unit(313-6798) , Health Officer's
juvenile who will decision
Public Contact the State Department of Health Services to supply the Within three days
Health AIDS physician/surgeon to preside at the hearing and serve as of receipt of the
Program(on chairperson. Health Officer's
behalf of the report
Health
Officer)
The panel consists of:
(1)the County Health Officer
(2)If the requestor is a law enforcement employee, a supervisory
representative from the law enforcement agency employing
him/her. If the requestor is a juvenile, a supervisory
representative of the law enforcement agency with jurisdiction
over the facility.
(3)A physician or surgeon under contract with the State.
What about inmate?
Law Appoints an individual to serve on the panel as described above Within three days
enforcement and notifies the Public Health AIDS Program(313-6791)of of receipt of the
agency panel members Health Officer's
employing report
the requestor
or the
Sheriff's
Department
See Section 7515 (c 1-d)for those who may attend the hearing
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3-member Determines whether to require the inmate to be tested. The Within 10 days of
panel determination to test an inmate must be unanimous. Each the date the
member of the panel will sign the decision. appeal is filed.
Note: Who puts together the panel? Public Health or the State?
AIDS Provides written copies of the decision to the requestor via
Program on his/her supervisor,to the agency filing the report,the subject of
behalf of the test and to the superintendent of the institution except that
Health when the subject of the test is a minor,also to the parent or
Officer guardian of the juvenile
The decision of the 3-member panel may be appealed to the As expeditiously
Superior Court either by the requestor,the inmate or the Health as possible.
Officer.
}
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B 4 - Other Issues
Notification of Grounds for Revocation of Parole
Inmate or When no longer being held, must undergo testing. Failure to appear may be grounds
juvenile to for revocation of probation or parole.
be tested
Notification Requirements
When informed of the HIV status of an inmate(including juveniles)or a probationer,a law
enforcement employees must maintain the confidentiality of information except as authorized by
the law.
Medical Upon release of an inmate from a correctional institution, must
Staff notify the inmate's probation officer when the inmate has tested
positive for HIV. Any information on necessary cautions should
be included in the report to probation
Probation When a probation officer learns from medical authorities that a
Officer probationer has tested-positive for HIV, and the parolee has not
notified his/her spouse,the probation officer should inform the
Public Health AIDS Program (313-6777).
Probation When the probation officer has learned that a probationer is
Officer HIV-infected and has a record of assault on a peace officer and
the officer seeks the aid of local law enforcement to apprehend
or take the probationer into custody, s/he shall inform the
officers assisting him or her in apprehending the probationer and
aid them in protecting themselves from contracting HIV.
Test Results as Admissible Evidence in Criminal or Disciplinary Proceedings
Specimens and results of testing may not be admissible evidence in any criminal or disciplinary
proceedings.
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