SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2008 SESSION

  • | print version

SB 227 HIV/Hepatitis testing; parental consent for minors.

Introduced by: Ryan T. McDougle | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

HIV/Hepatitis testing; consent for minors.  Clarifies the procedure for obtaining consent for testing for HIV or hepatitis B or C viruses of a minor when the person exposed is a health care provider, law enforcement officer, or school board employee.  This bill provides that where a blood sample is required from a minor for testing, and the minor refuses to provide the sample, consent for obtaining the sample shall be obtained from the parent, guardian, or person standing in loco parentis of the minor.  This bill further providers that where the parent, guardian, or person standing in loco parentis of the minor withholds consent or is not reasonably available to consent, the person potentially exposed to HIV or hepatitis B or C viruses or the employer of such person may petition the juvenile and domestic relations district court in the county or city where the minor resides or resided or, in the case of a  nonresident, the county or city where the health care provider, law enforcement agency, or school board has its principal office for an order requiring the minor to provide a sample, submit to testing, and disclose the results.  This bill is identical to HB 1213 (Melvin).

SUMMARY AS INTRODUCED:

HIV/Hepatitis testing; consent for minors. Makes the process for HIV and hepatitis testing when someone other than a school board member is exposed to the minor's bodily fluids consistent with the process for that of exposure of school board members. Requires consent from the minor's parents, and, if consent is refused, the bill requires such a person to petition the juvenile and domestic relations district court where the minor resides or resided, rather than the general district court, for an order requiring such testing. Recommendation of the Committee on District Courts.