409.09 Exposure to Blood-Borne Pathogens

Minnesota Statutes Sections 144.7401 to 144.7415 provides additional rights to officers who have had a significant exposure to blood, tissue, or potentially infectious body fluids that may be a source of blood-borne pathogens.

A significant exposure is an exposure that carries a potential for a transmission of blood-borne pathogens and includes:

• A skin puncture by a needle or sharp object that has had contact with blood or body fluid from another person;
• Blood or bodily fluids of another person in contact with the mucus membranes or eyes;
• Any contamination of open skin (cuts, abrasions, blisters, open dermatitis) by blood or body fluids, or bites that break the skin;
• Blood or blood containing fluids in contact with skin that is "prolonged"; and
• Contact, in a manner that may transmit a blood-borne pathogen, with blood, tissue, or potentially infectious body fluids.

Minn. Stat.§ 144.7401.

Upon making a request to a hospital by a police officer or by the police department, the hospital will have legal authority to reveal medical information and conduct blood tests.

1. If the hospital knows or learns that the source individual has ever had a positive test for a blood-borne pathogen, the hospital must disclose the test results to the police officer. (Minn. Stat. § 171.7404);
2. If the hospital has a sample of the source individual's blood, the hospital shall test the blood sample for blood-borne pathogens regardless of whether the source individual consents to testing and disclose the test results to the police officer. (Minn. Stat. § 171.7406);
3. If the hospital does not have a sample of the source individual's blood, the hospital shall obtain a blood sample for testing if the source individual consents to provide a blood sample. (Minn. Stat. § 171.7407); or
4. If the source individual does not consent to giving a blood sample, a court may order the source individual to provide a blood sample for testing. (Minn. Stat. § 171.7407) (Please note, the court process will take a minimum of 3 days.)

PROCEDURES

Officers who have experienced a significant exposure should contact the watch commander, or if no watch commander is on duty their patrol commander, as soon as possible and inform hospital personnel whether they would like testing pursuant to these statutes. The form for requesting test results is on the intranet under Department Forms, Human Resources, Worker's Compensation and should be faxed or delivered directly to Regions Hospital.

Conditions

Prior to following the procedures set forth in these statutes, the hospital must determine that: