Bill > A3421

Introduced Session

This bill would provide for the court-ordered testing of certain persons in circumstances when first responders may be exposed to bloodborne pathogens such as hepatitis B, hepatitis C, human immunodeficiency virus (HIV), and any other infectious disease that may be transmitted through exposure to human blood. First responders include enforcement, firefighters, and emergency medical services personnel. Specifically, the bill would provide that a first responder who, in the course of an interaction with a person, may have been exposed to a bloodborne pathogen through direct contact with bodily fluid or an accidental prick of a syringe or hypodermic needle, could notify the local public health officer within 24 hours of the potential exposure. Upon the first responder's request, the public health officer is required to seek consent from the person who came into contact with the first responder to voluntarily submit to serological tests or other medically appropriate tests, including repeat or confirmatory tests, for infection with a bloodborne pathogen that can be transmitted by contact with bodily fluids or an accidental prick of a syringe or hypodermic needle. If the person does not consent and submit to testing within 24 hours of the public health officer's request, the public health officer is required to file an emergency application for a court order requiring the person to submit to testing. The court would be required to grant the order for testing if the court finds, by a preponderance of evidence, that there is a risk that a bloodborne pathogen was transmitted as a result of the contact. The court order would require testing to be performed as soon as practicable by a health care provider or at a health care facility licensed or authorized to administer the ordered testing. The bill authorizes the court to order the person who came into contact with the first responder to reimburse the State for the costs of the tests. The results of any testing would be disclosed to the person tested and the first responder who requested the testing, but are not to be disclosed to any other individual except as authorized by law or court order. A court order for testing and any test results would be confidential and could not be used for any law enforcement purposes or as evidence in any civil proceeding. A person who knowingly discloses or uses such confidential information in violation of the bill would be guilty of a fourth degree crime, which is punishable by imprisonment for up to 18 months, a fine of up to $10,000, or both. A person who performs a test ordered in accordance with accepted medical standards for the performance of such tests would be immune from civil and criminal liability arising from their conduct. The bill is not to be construed to preclude or limit any other testing for HIV, hepatitis, or any other infectious disease that is otherwise permitted by statute, court rule, or common law.

AI Summary

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Harold Wirths (R)*, 

Introduced, Referred to Assembly Health Committee (on 02/25/2020)

Official Document