(a) The withdrawal of blood for a test under Alaska Stat. § 18.15.300 – 18.15.320 shall be performed in a medically approved manner. Only a physician or physician assistant licensed under Alaska Stat. Chapter 08.64, registered or advanced practice registered nurse, licensed practical nurse, or certified emergency medical technician may withdraw blood specimens for the purposes of Alaska Stat. § 18.15.300 – 18.15.320.
Terms Used In Alaska Statutes 18.15.310
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
“The tests were conducted in a medically approved manner but tests cannot determine exposure to or infection by HIV or other sexually transmitted diseases with absolute accuracy. Persons receiving this test result should continue to monitor their own health and should consult a physician as appropriate.”
(e) The court shall order all persons, other than the test subject, who receive test results under Alaska Stat. § 18.15.300 – 18.15.320 to maintain the confidentiality of personal identifying data relating to the test results except for disclosures by the victim, or if the victim is a minor or incompetent by the victim’s parents or legal guardian, as
(1) is necessary to obtain medical or psychological care or advice or to ensure the health of the victim’s spouse, immediate family, persons occupying the same household as the victim, or a person in a dating, courtship, or engagement relationship with the victim;
(2) is necessary to pursue civil remedies against the test subject; or
(3) otherwise permitted by the court.
(f) The specimens and the results of tests ordered under Alaska Stat. § 18.15.300 – 18.15.320 are not admissible evidence in a criminal or juvenile proceeding.
(g) A person performing testing, transmitting test results, or disclosing information under Alaska Stat. § 18.15.300 – 18.15.320 is immune from civil liability for an act or omission under authority of Alaska Stat. § 18.15.300 – 18.15.320. However, this subsection does not preclude liability for a grossly negligent or intentional violation of a provision of Alaska Stat. § 18.15.300 – 18.15.320.
(h) If the results of a blood test conducted under Alaska Stat. § 18.15.300 indicate exposure to or infection by HIV or other sexually transmitted diseases for which testing was conducted, the department shall provide (1) free counseling and free testing to a victim for HIV and other sexually transmitted diseases reasonably communicable through the offense; and (2) counseling to the alleged perpetrator or defendant upon request of the alleged perpetrator or defendant. The department shall provide referral to appropriate health care facilities and support services at the request of the victim.
(i) In this section,
(1) “AIDS” means acquired immunodeficiency syndrome or HIV symptomatic disease;
(2) “counseling” means providing a person with information and explanations relating to AIDS and HIV that are medically appropriate for that person, including all or part of the following:
(A) accurate information regarding AIDS and HIV;
(B) an explanation of behaviors that reduce the risk of transmitting AIDS and HIV;
(C) an explanation of the confidentiality of information relating to AIDS diagnoses and HIV tests;
(D) an explanation of information regarding both social and medical implications of HIV tests;
(E) disclosure of commonly recognized treatment or treatments of AIDS and HIV;
(3) “HIV” means the human immunodeficiency virus.
