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2018 SESSION

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HB 1033 Testing of bodily fluids; deemed consent.

Introduced by: Marcia S. "Cia" Price | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED HOUSE: (all summaries)

Deemed consent to testing of bodily fluids. Allows a magistrate or a general district court to issue an order requiring a person to provide a blood specimen for testing for human immunodeficiency virus or the hepatitis B or C virus when exposure to bodily fluids occurs between a person and any health care provider, person employed by or under the direction and control of a health care provider, law-enforcement officer, firefighter, emergency medical services personnel, person employed by a public safety agency, or school board employee and the person whose blood specimen is sought refuses to consent to providing such specimen. Currently, only the general district court may issue such order. The bill allows a testing order to be issued based on a finding that there is probable cause to believe that exposure has occurred. Currently, there must be a finding by a preponderance of the evidence that exposure has occurred.


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