Blood tests of inmates.

(1) Each county and each municipal detention facility must develop a written procedure regarding the blood testing of inmates in consultation with the facility medical provider. The written procedure must:

(a) Include conditions under which an inmate will be tested for infectious disease, including human immunodeficiency virus pursuant to s. 775.0877, which procedure is consistent with guidelines of the Centers for Disease Control and Prevention and recommendations of the Correctional Medical Authority.

(b) Specify the conditions which require the detention facility to test an inmate for infectious diseases immediately following his or her booking into a detention facility, including upon receipt of a notice of exposure under subsection (4).

(c) Require the test results to be provided to:

1. The sheriff or chief correctional officer of the detention facility.

2. Employees or officers of the sheriff or chief correctional officer who are responsible for the care and custody of the affected inmate.

3. Any employees or officers of the sheriff or chief correctional officer, or any first responders, as defined in s. 112.1815, who provided a notice of exposure to the detention facility as required under subsection (4).

(2) Except as otherwise provided in this subsection, serologic blood test results obtained pursuant to subsection (1) are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. However, it is not unlawful for the person receiving the test results to divulge the test results to the sheriff or chief correctional officer. Such test results must also be provided to employees or officers of the sheriff or chief correctional officer who are responsible for the custody and care of the affected inmate and have a need to know such information, to any person who provided a notice of exposure under subsection (4), and as provided in ss. 775.0877 and 960.003. In addition, upon request of the victim or the victim’s legal guardian, or the parent or legal guardian of the victim if the victim is a minor, the results of any HIV test performed on an inmate arrested for any sexual offense involving oral, anal, or female genital penetration by, or union with, the sexual organ of another, must be disclosed to the victim or the victim’s legal guardian, or to the parent or legal guardian of the victim if the victim is a minor. In such cases, the county or municipal detention facility shall furnish the test results to the Department of Health, which is responsible for disclosing the results to public health agencies as provided in s. 775.0877 and to the victim or the victim’s legal guardian, or the parent or legal guardian of the victim if the victim is a minor, as provided in s. 960.003(3). As used in this subsection, the term “female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.

(3) The results of any serologic blood test on an inmate are a part of that inmate’s permanent medical file. Upon transfer of the inmate to any other correctional facility, such file is also transferred, and all relevant authorized persons must be notified of positive HIV test results, as required in s. 775.0877.

(4)(a) Any first responder, as defined in s. 112.1815, or any employee or officer of the sheriff or chief correctional officer, who, in the performance of his or her official duties, is exposed to a bodily fluid or a potential bloodborne pathogen by a person who has been arrested and subsequently booked into a county or municipal detention facility must provide notice of such exposure to the detention facility as soon as possible after the person is booked, but no later than 24 hours after such exposure. If the first responder, employee, or officer is incapacitated and cannot provide the notice of exposure, his or her employing agency must provide such notice.

(b) Upon receipt of a notice of exposure under paragraph (a), the detention facility must immediately test the inmate who was the cause of the exposure unless such a test has already been performed. The test must be conducted in accordance with the detention facility’s written procedures under subsection (1).