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2019 SESSION

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HB 2606 HIV or hepatitis B or C viruses; exposure to bodily fluids, infection, expedited testing.

Introduced by: Jeion A. Ward | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Exposure to bodily fluids; infection with human immunodeficiency virus or hepatitis B or C viruses; expedited testing. Requires a general district court to hold a hearing within 48 hours of a petition being filed seeking to compel collection of a blood specimen for testing for human immunodeficiency virus or the hepatitis B or C viruses 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. The bill allows a testing order to be issued based on a finding that there is probable cause to believe that exposure has occurred. The bill directs the Office of the Executive Secretary of the Supreme Court to publish a petition form for such filing. The bill specifies that no specimen obtained as a result of a testing order shall be tested for any purpose other than for the purpose provided for in the bill, nor shall the specimen or the results of such testing be used for any purpose in any criminal matter or investigation. Any violation shall constitute reversible error in any criminal case in which the specimen or results were used.


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