WALTER A. McNEIL
SECRETARY
PROCEDURE NUMBER: 401.013
PROCEDURE TITLE:
TESTING INMATES POST COMMUNICABLE
DISEASE EXPOSURE PER SECTION 945.35, F.S.
RESPONSIBLE AUTHORITY: OFFICE OF HEALTH SERVICES
ISSUE DATE:
NOVEMBER 7, 2001
ANNUAL REVIEW:
APRIL 18, 2008
SUPERSEDES:
NONE
RELEVANT DC FORMS:
NI1-025 AND DC4-798
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ACA/CAC STANDARDS: 4-4354, 4-4355, 4-4356, 4-4357, AND 4-ACRS-4C-09
STATE/FEDERAL STATUTES: SECTIONS 381.004(3)(e),(f) AND (h), AND 945.35, F.S.
FLORIDA ADMINISTRATIVE CODE: SECTION 33-401.501, F.A.C.
Procedure 401.013
PURPOSE: To provide administrative and operational guidelines for communicable disease
testing of inmates who may have intentionally or unintentionally caused exposure to others.
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SPECIFIC PROCEDURES:
(1) The warden will post a “Notice Regarding Communicable Disease Exposure,” NI1-025, at the
entrance of each visiting park. Such notice will inform qualified individuals of their right to
request an inmate be tested when significant exposure has occurred.
(2) Any individual or inmate who reports possible exposure to a communicable disease may
request testing of the source of the exposure for the communicable disease(s). Upon receipt of
such request, a physician, nurse practitioner or physician assistant will assess the exposure to
ensure it meets the criteria for a significant exposure. If criteria are not met, no testing will be
required. If criteria are met, the physician, nurse practitioner or physician assistant will order
the appropriate testing for the suspected communicable disease. In the event this is a
Bloodborne pathogen exposure, appropriate medical staff will complete a “Bloodborne
Pathogens Exposure/Screening Incident Report,” DC4-798, for inmates, staff, and visitors
(staff will refer to “Emergency Treatment of Staff and Visitors,” Procedure 403.004 and
“Management of Bloodborne Pathogens Significant Exposures,” HSB 15.03.43).
(3) If the practitioner is not onsite, the on-call physician will be contacted for appropriate followup.
(4) After a practitioner’s order is received, health care staff will attempt to promptly collect the
required specimen. If the inmate refuses to be tested, a physician will contact the assistant
secretary of health services and provide the facts of the incident of exposure. The assistant
secretary of health services will contact the Office of the General Counsel. The Office of the
General Counsel will advise as to whether the department will pursue a court order to test the
inmate.
(5) Test results will become part of the inmate’s medical record. Access will be made according to
department policy (staff will refer to “Health Records,” HSB 15.12.03). If a communicable
disease exposure has occurred, the physician, nurse practitioner or physician’s assistant will
communicate the information to the concerned party.
(6) With respect to HIV testing, when disclosure is made to the person who was exposed, the
disclosure will be accompanied by a statement in writing which includes the following or
substantially similar language:
“This information has been disclosed to you from records which are
confidential by state law. State law prohibits you from making any
further disclosure of such information without the specific written
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Procedure 401.013
consent of the person to whom such information pertains, or as
otherwise permitted by state law. A general authorization for the
release of medical or other information is NOT sufficient for this
purpose.”
_________________/S/_________________
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