(a) Correctional facilities shall follow applicable Occupational Safety and Health Administration guidelines under Code of Federal Regulations, title 29, part 1910.1030 , for blood-borne pathogens. (b) Every correctional facility shall adopt and follow a postexposure protocol for corrections employees who have experienced a significant exposure. The postexposure protocol must adhere to the most current recommendations of the United States Public Health Service and include, at a minimum, the following: (1) a process for corrections employees to report an exposure in a timely fashion; (2) a process for an infectious disease specialist, or a licensed physician who is knowledgeable about the most current recommendations of the United States Public Health Service in consultation with an infectious disease specialist, (i) to determine whether a significant exposure to one or more blood-borne pathogens has occurred, and (ii) to provide, under the direction of a licensed physician, a recommendation or recommendations for follow-up treatment appropriate to the particular blood-borne pathogen or pathogens for which a significant exposure has been determined; (3) if there has been a significant exposure, a process to determine whether the inmate has a blood-borne pathogen through disclosure of test results, or through blood collection and testing as required by sections 241.33 to 241.342 ; (4) a process for providing appropriate counseling prior to and following testing for a blood-borne pathogen regarding the likelihood of blood-borne pathogen transmission and follow-up recommendations according to the most current recommendations of the United States Public Health Service, recommendations for testing, and treatment; (5) a process for providing appropriate counseling under clause (4) to the corrections employee and inmate; and (6) compliance with applicable state and federal laws relating to data practices, confidentiality, informed consent, and the patient bill of rights.
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