H.B. 212

This document includes House Floor Amendments incorporated into the bill on Thu, Feb 21, 2013 at 2:36 PM by lerror. --> 1

DISEASE TESTING FOR PUBLIC SAFETY OFFICERS
2 AMENDMENTS
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Derek E. Brown
6 Senate Sponsor: Jerry W. Stevenson
7
8 LONG TITLE
9 General Description:
10 This bill amends disease testing procedures for a prisoner who comes in contact with an
11 emergency services provider or volunteer.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . permits blood testing under certain circumstances with a court order;
16 . allows for the use of reasonable force to draw blood from a prisoner if ordered by
17 the court; and
18 . makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 78B-8-401, as renumbered and amended by Laws of Utah 2008, Chapter 3
26 78B-8-402, as renumbered and amended by Laws of Utah 2008, Chapter 3
27 78B-8-404, as renumbered and amended by Laws of Utah 2008, Chapter 3

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 78B-8-401 is amended to read:
31 78B-8-401. Definitions.
32 For purposes of this chapter:
33 (1) "Blood or contaminated body fluids" includes blood, saliva, amniotic fluid,
34 pericardial fluid, peritoneal fluid, pleural fluid, synovial fluid, cerebrospinal fluid, semen, and
35 vaginal secretions, and any body fluid visibly contaminated with blood.
36 (2) "Disease" means Human Immunodeficiency Virus infection, acute or chronic
37 Hepatitis B infection, Hepatitis C infection, and any other infectious disease specifically
38 designated by the Labor Commission in consultation with the Department of Health for the
39 purposes of this chapter.
40 (3) "Emergency [medical] services provider" means:
41 (a) an individual certified under Section 26-8a-302 , a public safety officer, local fire
42 department personnel, or personnel employed by the Department of Corrections or by a county
43 jail, who provide prehospital emergency [medical] care for an emergency [medical] services
44 provider either as an employee or as a volunteer[.]; or
45 (b) an individual who provides for the care, control, support, or transport of a prisoner.
46 (4) "First aid volunteer" means a person who provides voluntary emergency assistance
47 or first aid medical care to an injured person prior to the arrival of an emergency medical
48 services provider or public safety officer.
49 (5) "Prisoner" is as defined in Section 76-5-101 .
50 [(5)] (6) "Public safety officer" means a peace officer as defined in Title 53, Chapter
51 13, Peace Officer Classifications.
52 [(6)] (7) "Significant exposure" and "significantly exposed" mean:
53 (a) exposure of the body of one person to the blood or body fluids of another person
54 by:
55 (i) percutaneous injury, including a needle stick [or], cut with a sharp object or
56 instrument, or a wound resulting from a human bite, scratch, or similar force; or
57 (ii) contact with an open wound, mucous membrane, or nonintact skin because of a cut,
58 abrasion, dermatitis, or other damage; or

59 (b) exposure that occurs by any other method of transmission defined by the
60 Department of Health as a significant exposure.
61 Section 2. Section 78B-8-402 is amended to read:
62 78B-8-402. Petition -- Disease testing -- Notice -- Payment for testing.
63 (1) An emergency [medical] services provider[,] or first aid volunteer who is
64 significantly exposed during the course of performing the emergency [medical] services
65 provider's duties or during the course of performing emergency assistance or first aid may:
66 (a) request that the person to whom [he] the emergency services provider or first aid
67 volunteer was significantly exposed voluntarily submit to testing; or
68 (b) petition the district court for an order requiring that the person to whom [he] the
69 emergency services provider or first aid volunteer was significantly exposed submit to testing
70 to determine the presence of a disease, as defined in Section 78B-8-401 , and that the results of
71 that test be disclosed to the petitioner by the Department of Health.
72 (2) (a) The petitioner shall file a petition with the district court seeking an order to
73 submit to testing and to disclose the results in accordance with the provisions of this section.
74 (b) The petition shall be sealed upon filing and made accessible only to the petitioner,
75 the subject of the petition, and their attorneys, upon court order.
76 (3) (a) The petition described in Subsection (2) shall be accompanied by an affidavit in
77 which the [emergency medical services provider or first aid volunteer] petitioner certifies that
78 [he] the petitioner has been significantly exposed to the individual who is the subject of the
79 petition and describes that exposure.
80 (b) The petitioner shall submit to testing to determine the presence of a disease, when
81 the petition is filed or within three days after the petition is filed.
82 (4) The petitioner shall cause the petition required under this section to be served on
83 the person who the petitioner is requesting to be tested in a manner that will best preserve the
84 confidentiality of that person.
85 (5) (a) The court shall set a time for a hearing on the matter within 10 days after the
86 petition is filed and shall give the petitioner and the individual who is the subject of the petition
87 notice of the hearing at least 72 hours prior to the hearing.
88 (b) The individual who is the subject of the petition shall also be notified that [he] the
89 individual may have an attorney present at the hearing[,] and that [his] the individual's attorney

90 may examine and cross-examine witnesses.
91 (c) The hearing shall be conducted in camera.
92 (6) The district court may enter an order requiring that an individual submit to testing,
93 including blood testing, for a disease if the court finds probable cause to believe:
94 (a) the petitioner was significantly exposed; and
95 (b) the exposure occurred during the course of the emergency [medical] services
96 provider's duties, or the provision of emergency assistance or first aid by a first aid volunteer.
97 (7) The court may order that the blood specimen be obtained by the use of reasonable
98 force if the individual who is the subject of the petition is a prisoner.
99 [(7)] (8) The court may order that additional, follow-up testing be conducted[,] and that
100 the individual submit to that testing, as it determines to be necessary and appropriate.
101 [(8)] (9) The court is not required to order an individual to submit to a test under this
102 section if it finds that there is a substantial reason, relating to the life or health of the
103 individual, not to enter the order.
104 [(9)] (10) (a) Upon order of the district court that a person submit to testing for a
105 disease, that person shall report to the designated local health department to have [his] the
106 person's blood drawn within 10 days from the issuance of the order, and thereafter as
107 designated by the court, or be held in contempt of court.
108 (b) The court shall send the order to the Department of Health and to the local health
109 department ordered to draw the blood.
110 (c) Notwithstanding the provisions of Section 26-6-27 , the Department of Health and a
111 local health department may disclose the test results pursuant to a court order as provided in
112 this section.
113 (d) Under this section, anonymous testing as provided under Section 26-6-3.5 shall not
114 satisfy the requirements of the court order.
115 [(10)] (11) The local health department or the Department of Health shall inform the
116 subject of the petition and the petitioner of the results of the test and advise both parties that the
117 test results are confidential. That information shall be maintained as confidential by all parties
118 to the action.
119 [(11)] (12) The court, its personnel, the process server, the Department of Health, local
120 health department, and petitioner shall maintain confidentiality of the name and any other

121 identifying information regarding the individual tested and the results of the test as they relate
122 to that individual, except as specifically authorized by this chapter.
123 [(12)] (13) (a) Except as provided in Subsection [(12)] (13)(b), the petitioner shall
124 remit payment for the drawing of the blood specimen and the analysis of the specimen for the
125 mandatory disease testing to the entity that draws the blood.
126 (b) If the petitioner is an emergency [medical] services provider, the agency [which]
127 that employs the emergency [medical] services provider shall remit payment for the drawing of
128 the blood specimen and the analysis of the specimen for the mandatory disease testing to the
129 entity that draws the blood.
130 [(13)] (14) The entity that draws the blood shall cause the blood and the payment for
131 the analysis of the specimen to be delivered to the Department of Health for analysis.
132 [(14)] (15) If the individual is incarcerated, the incarcerating authority shall either draw
133 the blood specimen or shall pay the expenses of having the individual's blood drawn.
134 H. [ (16) The results of testing performed under this section are not admissible in any civil
135 or criminal proceeding. ] .H
136 Section 3. Section 78B-8-404 is amended to read:
137 78B-8-404. Department authority -- Rules.
138 The Labor Commission, in consultation with the Department of Health, has authority to
139 establish rules necessary for the purposes of Subsections 78B-8-401 (2) and [(6)] (7).




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as of 1-21-13 5:33 PM

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