FIRST REGULAR SESSION

HOUSE BILL NO. 1019

91ST GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES COOPER, KELLY (144), HUNTER, MILLER, KELLY (36),

SCOTT (Co-sponsors), DEMPSEY, JETTON, DOLAN, BEARDEN, MAYER, SECREST,

BLACK AND HOLAND.

Read 1st time March 15, 2001, and 1000 copies ordered printed.

TED WEDEL, Chief Clerk

1251L.02I

AN ACT

To amend chapter 191, RSMo, by adding thereto one new section relating to infectious disease testing.



Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Chapter 191, RSMo, is amended by adding thereto one new section, to be known as section 191.660, to read as follows:

191.660. 1. If a corrections officer, emergency services employee, health care provider or employee of a health care provider, law enforcement employee or juvenile correctional facility employee comes in contact with or otherwise is exposed to transmission of body fluids from one or more other persons while performing duties within the scope of such employee's duties as an employee, the employee or head of the employing agency or entity may petition a court of competent jurisdiction for an emergency order requiring such other person or persons to submit to infectious disease testing within twenty-four hours of the exposure.

2. The petition in subsection 1 of this section shall include an allegation that the person or persons sought to be tested have been requested to submit voluntarily to infectious disease tests and have refused such tests. When any such application is received, the court shall hold a hearing and shall issue its order thereon immediately to ensure that such testing can occur within twenty-four hours of the exposure if the court finds that:

(1) There is probable cause to believe that the employee involved has come in contact with or otherwise has been exposed to transmission of the body fluids of the person or persons sought to be tested; and

(2) The person or persons sought to be tested have been requested to submit to the tests and have refused, unless the court makes a further finding that exigent circumstances exist which, in the court's judgment, would excuse the applicant from making such a request.

3. If an infectious disease test ordered pursuant to this section results in a negative reaction, the court shall order the person tested to submit to another infectious disease test six months from the date the first test was administered.

4. The results of any infectious disease test ordered pursuant to this section shall be disclosed to the court which ordered the test, the employee and the person tested. If an infectious disease test ordered pursuant to this section results in a positive reaction, the results shall be reported to the employee.


Missouri House of Representatives