A member who reasonably believes he/she has received a "significant exposure,” and has been exposed to an infectious disease, as defined in Section 21.01.06(A) above, shall:
Gather information about the person involved (keeping in mind confidentiality)
Contact his/her supervisor immediately
(The supervisor shall complete a First Report of Injury and contact the medical facility designated under Workers' Compensation as the initial treatment source or the nearest hospital emergency room, or walk-in clinic, and advise the doctor of all the facts about the exposure and follow the doctor's instructions)
Submit an Offense Report to the appropriate Deputy Director via the chain of command
To maintain compliance with the Ryan White Comprehensive AIDS Resources Emergency Act of 1990, the names of members exposed to a possible infection shall remain confidential in all areas except to those
the supervisor shall ask the suspected carrier to voluntarily submit to a blood test. The test shall be administered by a licensed medical professional and paid for by the Division.
If the person who causes the significant exposure is arrested and refuses to provide a blood sample, the member should include information in the Arrest Report detailing the exposure and should note "body fluid exposure" in the area where the member lists the charges
The member will need to contact a doctor to obtain a sworn statement (Addendum 1 of this policy) attesting both that a significant exposure has occurred and that the screening is medically necessary to decide the course of treatment for the member.
The physician's statement is probable cause for the issuance of the Warrant to Conduct Examination
If the arrestee consents to the blood test, appropriate medical personnel at the jail will be requested to draw the blood. The suspect will need to sign the Release of Medical Information/consent form (Addendum 4 of this policy) provided to ensure that the results are forwarded to the member's physician.
If a member receives a "significant exposure" from a person who is not arrested, the member should try to get the person to sign the consent form and ask the person to go to the county health department where the test may be conducted.
Once the warrant is issued, the supervisor may use reasonable force to take the person to the health clinic for testing.
To secure a warrant for a blood test, members must fill out an Affidavit for Warrant to Conduct Examination. The supervisor will include a report explaining the "significant exposure" and to which body fluid the member was exposed. The member does not need to describe the criminal act that lead to the exposure, only that the affected member was employed as a law enforcement officer at the time.
When the affidavit has been completed, the supervisor will need to contact a doctor to obtain a sworn statement attesting to the significant exposure to body fluids. The supervisor shall take the Affidavit for Warrant, Warrant, doctor's sworn statement, and a copy of the Offense Report to the state attorney for assistance, or initial appearance Judge for their signature.
When the warrant is obtained and served, the person listed on the warrant, if incarcerated, will have his blood drawn by appropriate medical personnel at the jail. If the person is not in custody, the supervisor may use reasonable force to take the person to the county health department for the blood test.