7 LONG TITLE
8 General Description:
9 This bill allows an emergency service provider to request a blood sample if
10 significantly exposed to a person's bodily fluids in the course of performing the
11 provider's duties.
12 Highlighted Provisions:
13 This bill:
14 ▸ allows a law enforcement agency to request a court order on behalf of an emergency
15 services provider authorizing a blood sample from an individual if, during the
16 course of performing the provider's duties, the provider is significantly exposed to
17 the individual's bodily fluids.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 78B-8-402, as last amended by Laws of Utah 2013, Chapter 114
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78B-8-402 is amended to read:
28 78B-8-402. Petition -- Disease testing -- Notice -- Payment for testing.
29 (1) An emergency services provider or first aid volunteer who is significantly exposed
30 during the course of performing the emergency services provider's duties or during the course
31 of performing emergency assistance or first aid may:
32 (a) request that the person to whom the emergency services provider or first aid
33 volunteer was significantly exposed voluntarily submit to testing; or
34 (b) petition the district court or a magistrate for an order requiring that the person to
35 whom the emergency services provider or first aid volunteer was significantly exposed submit
36 to testing to determine the presence of a disease, as defined in Section 78B-8-401, and that the
37 results of that test be disclosed to the petitioner by the Department of Health.
38 (2) (a) A law enforcement agency may submit on behalf of the petitioner by electronic
39 or other means an ex parte request for a warrant ordering a blood draw from the respondent.
40 (b) The court or magistrate shall issue a warrant ordering the respondent to provide a
41 specimen of the respondent's blood within 24 hours, and that reasonable force may be used, if
42 necessary, if the court or magistrate finds that:
43 (i) the petitioner was significantly exposed during the course of performing the
44 petitioner's duties as an emergency services or first aid provider;
45 (ii) the respondent has refused consent to the blood draw or is unable to give consent;
46 (iii) there may not be an opportunity to obtain a sample at a later date; and
47 (iv) a delay in administering available FDA-approved post-exposure treatment or
48 prophylaxis could result in a lack of effectiveness of the treatment or prophylaxis.
49 (c) The petitioner shall request a person authorized under Section 41-6a-523 perform
50 the blood draw.
51 (d) A sample drawn in accordance with a warrant following an ex parte request shall be
52 sent to the Department of Health for testing.
54 (2), the petitioner [
55 testing and to disclose the results in accordance with the provisions of this section.
59 affidavit in which the petitioner certifies that the petitioner has been significantly exposed to
60 the individual who is the subject of the petition and describes that exposure.
61 (b) The petitioner shall submit to testing to determine the presence of a disease, when
62 the petition is filed or within three days after the petition is filed.
64 on the person who the petitioner is requesting to be tested in a manner that will best preserve
65 the confidentiality of that person.
67 the petition is filed and shall give the petitioner and the individual who is the subject of the
68 petition notice of the hearing at least 72 hours prior to the hearing.
69 (b) The individual who is the subject of the petition shall also be notified that the
70 individual may have an attorney present at the hearing and that the individual's attorney may
71 examine and cross-examine witnesses.
72 (c) The hearing shall be conducted in camera.
74 testing, including blood testing, for a disease if the court finds probable cause to believe:
75 (a) the petitioner was significantly exposed; and
76 (b) the exposure occurred during the course of the emergency services provider's
77 duties, or the provision of emergency assistance or first aid by a first aid volunteer.
79 reasonable force if the individual who is the subject of the petition is a prisoner.
81 the individual submit to that testing, as it determines to be necessary and appropriate.
83 section if it finds that there is a substantial reason, relating to the life or health of the
84 individual, not to enter the order.
86 disease, that person shall report to the designated local health department to have the person's
87 blood drawn within 10 days from the issuance of the order, and thereafter as designated by the
88 court, or be held in contempt of court.
89 (b) The court shall send the order to the Department of Health and to the local health
90 department ordered to draw the blood.
91 (c) Notwithstanding the provisions of Section 26-6-27, the Department of Health and a
92 local health department may disclose the test results pursuant to a court order as provided in
93 this section.
94 (d) Under this section, anonymous testing as provided under Section 26-6-3.5 [
95 may not satisfy the requirements of the court order.
97 subject of the petition and the petitioner of the results of the test and advise both parties that the
98 test results are confidential. That information shall be maintained as confidential by all parties
99 to the action.
101 health department, and petitioner shall maintain confidentiality of the name and any other
102 identifying information regarding the individual tested and the results of the test as they relate
103 to that individual, except as specifically authorized by this chapter.
105 remit payment for the drawing of the blood specimen and the analysis of the specimen for the
106 mandatory disease testing to the entity that draws the blood.
107 (b) If the petitioner is an emergency services provider, the agency that employs the
108 emergency services provider shall remit payment for the drawing of the blood specimen and
109 the analysis of the specimen for the mandatory disease testing to the entity that draws the
112 the analysis of the specimen to be delivered to the Department of Health for analysis.
114 the blood specimen or shall pay the expenses of having the individual's blood drawn.
115 (17) The ex parte request or petition shall be sealed upon filing and made accessible
116 only to the petitioner, the subject of the petition, and their attorneys, upon court order.