Summary of the Introduced Bill

HB 1019 -- Infectious Disease Testing

Co-Sponsors:  Cooper, Kelly (144), Hunter, Miller, Kelly (36),
Scott

This bill affects correctional facility employees, emergency
service workers, health care providers, law enforcement
employees, and juvenile facility employees who have contact with
the transmission of bodily fluids while performing duties
related to their employment.  The employee or the head of the
agency or entity may file a petition with the court seeking an
emergency order requiring the person who was the transmitter of
the bodily fluid to undergo testing for infectious diseases
within 24 hours of exposure.  The petition to the court must
include an allegation that the individual refused to voluntarily
submit to a test when requested to do so.  The court can find
that exigent circumstances excuse the requirement that the
employee or agency request that the individual submit to a
voluntary test.  The court is required to hold a hearing and
issue an order for the testing to occur within 24 hours of the
exposure if there is probable cause to believe that the employee
was exposed to the transmission of bodily fluids of the person
to be tested and the person to be tested refused to submit to
the test when requested.  If the first test is negative, the
court must order that the person be tested again in 6 months.
If the results are positive, they must be reported to the
employee.  All results must be disclosed to the court, the
employee, and the person tested.


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Last Updated November 26, 2001 at 11:47 am