Representative Andrew Stoddard proposes the following substitute bill:




Chief Sponsor: Andrew Stoddard

Senate Sponsor: Karen Mayne


8     General Description:
9          This bill amends provisions related to disease testing.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the amount of time within which an individual must provide a blood sample
13     when a court or magistrate has issued a warrant ordering the individual to provide
14     the sample; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          78B-8-402, as last amended by Laws of Utah 2017, Chapter 185

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 78B-8-402 is amended to read:

26          78B-8-402. Petition -- Disease testing -- Notice -- Payment for testing.
27          (1) An emergency services provider or first aid volunteer who is significantly exposed
28     during the course of performing the emergency services provider's duties or during the course
29     of performing emergency assistance or first aid, or a health care provider acting in the course
30     and scope of the health care provider's duties as a health care provider may:
31          (a) request that the person to whom the emergency services provider, first aid
32     volunteer, or health care provider was significantly exposed voluntarily submit to testing; or
33          (b) petition the district court or a magistrate for an order requiring that the person to
34     whom the emergency services provider, first aid volunteer, or health care provider was
35     significantly exposed submit to testing to determine the presence of a disease, as defined in
36     Section 78B-8-401, and that the results of that test be disclosed to the petitioner by the
37     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] two hours, and that reasonable force may be
42     used, if 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 provider, first aid volunteer, or health care
45     provider;
46          (ii) the respondent has refused consent to the blood draw or is unable to give consent;
47          (iii) there may not be an opportunity to obtain a sample at a later date; and
48          (iv) a delay in administering available FDA-approved post-exposure treatment or
49     prophylaxis could result in a lack of effectiveness of the treatment or prophylaxis.
50          (c) The petitioner shall request a person authorized under Section 41-6a-523 perform
51     the blood draw.
52          (d) A sample drawn in accordance with a warrant following an ex parte request shall be
53     sent to the Department of Health for testing.
54          (3) If a petitioner does not seek or obtain a warrant pursuant to Subsection (2), the
55     petitioner may file a petition with the district court seeking an order to submit to testing and to
56     disclose the results in accordance with this section.

57          (4) (a) The petition described in Subsection (3) shall be accompanied by an affidavit in
58     which the petitioner certifies that the petitioner has been significantly exposed to the individual
59     who is the subject of the petition and describes that exposure.
60          (b) The petitioner shall submit to testing to determine the presence of a disease, when
61     the petition is filed or within three days after the petition is filed.
62          (5) The petitioner shall cause the petition required under this section to be served on
63     the person who the petitioner is requesting to be tested in a manner that will best preserve the
64     confidentiality of that person.
65          (6) (a) The court shall set a time for a hearing on the matter within 10 days after the
66     petition is filed and shall give the petitioner and the individual who is the subject of the petition
67     notice of the hearing at least 72 hours prior to the hearing.
68          (b) The individual who is the subject of the petition shall also be notified that the
69     individual may have an attorney present at the hearing and that the individual's attorney may
70     examine and cross-examine witnesses.
71          (c) The hearing shall be conducted in camera.
72          (7) The district court may enter an order requiring that an individual submit to testing,
73     including blood testing, for a disease if the court finds probable cause to believe:
74          (a) the petitioner was significantly exposed; and
75          (b) the exposure occurred during the course of the emergency services provider's
76     duties, the provision of emergency assistance or first aid by a first aid volunteer, or the health
77     care provider acting in the course and scope of the provider's duties as a health care provider.
78          (8) The court may order that the blood specimen be obtained by the use of reasonable
79     force if the individual who is the subject of the petition is a prisoner.
80          (9) The court may order that additional, follow-up testing be conducted and that the
81     individual submit to that testing, as it determines to be necessary and appropriate.
82          (10) The court is not required to order an individual to submit to a test under this
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.
85          (11) (a) Upon order of the district court that a person submit to testing for a disease,
86     that person shall report to the designated local health department to have the person's blood
87     drawn within 10 days from the issuance of the order, and thereafter as designated by the court,

88     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 may not
95     satisfy the requirements of the court order.
96          (12) The local health department or the Department of Health shall inform the subject
97     of the petition and the petitioner of the results of the test and advise both parties that the test
98     results are confidential. That information shall be maintained as confidential by all parties to
99     the action.
100          (13) The court, [its] the court's personnel, the process server, the Department of Health,
101     local 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.
104          (14) (a) Except as provided in Subsection (14)(b), the petitioner shall remit payment
105     for the drawing of the blood specimen and the analysis of the specimen for the mandatory
106     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
110     blood.
111          (15) The entity that draws the blood shall cause the blood and the payment for the
112     analysis of the specimen to be delivered to the Department of Health for analysis.
113          (16) If the individual is incarcerated, the incarcerating authority shall either draw the
114     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.