Bill > S2445

Introduced Session

This bill would supplement the "Overdose Prevention Act," P.L.2013, c.46 (C.24:6J-1 et al.) to provide for the court-ordered testing of certain persons who have been administered an opioid antidote by a first responder. The bill provides that, in the event that a professional or an emergency medical responder (as those terms are defined in the "Overdose Prevention Act," which include emergency medical technicians, sterile syringe access program workers, and law enforcement officers) administers an opioid antidote to a person and, in the course of the interaction with that person, the professional or emergency medical responder has contact with the person or an object which involved or was likely to involve the transmission of the person's bodily fluid to the professional or emergency medical responder, the professional or emergency medical responder may notify the local public health officer of the potential contact with bodily fluids within 24 hours of the suspected contact to request that the person submit to serological tests or other medically appropriate tests, including such repeat or confirmatory tests as may be medically appropriate, for infection with the human immunodeficiency virus (HIV), hepatitis, and any other infectious diseases that can be transmitted by contact with bodily fluids. The public health officer would seek to obtain voluntary consent to testing from the person who was administered the opioid antidote. If the person does not consent and submit to testing within 24 hours of the public health officer's request, the public health officer would file an emergency application to a court having jurisdiction for an order requiring the person to submit to testing. A court would grant the order for testing if the court finds, by a preponderance of evidence, that there is a risk that an infectious disease 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 results of any testing would be disclosed to the person tested and the professional or emergency medical responder who requested the testing, but may not be disclosed to any other individual except as authorized by law or court order. A consent 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 crime of the fourth degree. In addition to any other disposition authorized, a court may order the person who was administered the opioid antidote to reimburse the State for the costs of the tests ordered pursuant to the bill. A person who performs a test ordered pursuant to the bill 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 would not 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.

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Christopher Bateman (R)*,  Tom Kean (R)*, 

Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee (on 06/30/2016)