(1) As used in this section, "communicable disease" means:
(a) an illness due to a specific infectious agent or its toxic products, which arises through transmission of that agent or its products from a reservoir to a susceptible host either directly, as from an infected person or animal, or indirectly, through an intermediate plant or animal host, vector, or the inanimate environment; and
(b) a disease designated by the Department of Health and Human Services by rule as a communicable disease in accordance with Section 26B-7-207.
(2) The department may:
(a) test an offender for a communicable disease upon admission or within a reasonable time after admission to a correctional facility; and
(b) periodically retest the offender for a communicable disease during the time the offender is in the custody of the department.