7 LONG TITLE
8 General Description:
9 This bill modifies testing requirements and procedures in relation to public safety
10 workers who have been exposed to a communicable disease.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ modifies definitions and procedures to authorize a court to order an individual to
15 submit to medical testing for COVID-19 under certain circumstances; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
20 This bill provides a special effective date.
21 Utah Code Sections Affected:
23 78B-8-401, as last amended by Laws of Utah 2017, Chapters 185 and 326
24 78B-8-402, as last amended by Laws of Utah 2019, Chapter 400
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78B-8-401 is amended to read:
28 78B-8-401. Definitions.
30 (1) "Blood or contaminated body fluids" includes blood, saliva, amniotic fluid,
31 pericardial fluid, peritoneal fluid, pleural fluid, synovial fluid, cerebrospinal fluid, semen, and
32 vaginal secretions, and any body fluid visibly contaminated with blood.
33 (2) "COVID-19" means the same as that term is defined in Section 78B-4-517.
35 Hepatitis B infection, Hepatitis C infection, COVID-19 or another infectious disease that may
36 cause Severe Acute Respiratory Syndrome, and any other infectious disease specifically
37 designated by the Labor Commission, in consultation with the Department of Health, for the
38 purposes of this part.
40 (a) an individual licensed under Section 26-8a-302, a peace officer, local fire
41 department personnel, or personnel employed by the Department of Corrections or by a county
42 jail, who provide prehospital emergency care for an emergency services provider either as an
43 employee or as a volunteer; or
44 (b) an individual who provides for the care, control, support, or transport of a prisoner.
46 assistance or first aid medical care to an injured person prior to the arrival of an emergency
47 medical services provider or peace officer.
50 (7) "Medical testing procedure" means a nasopharyngeal swab, a nasal swab, a
51 capillary blood sample, a saliva test, or a blood draw.
55 (a) exposure of the body of one [
56 another [
57 (i) percutaneous injury, including a needle stick, cut with a sharp object or instrument,
58 or a wound resulting from a human bite, scratch, or similar force; or
59 (ii) contact with an open wound, mucous membrane, or nonintact skin because of a cut,
60 abrasion, dermatitis, or other damage; [
61 (b) exposure of the body of one individual to the body fluids, including airborne
62 droplets, of another individual if:
63 (i) the other individual displays symptoms known to be associated with COVID-19 or
64 another infectious disease that may cause Severe Acute Respiratory Syndrome; or
65 (ii) other evidence exists that would lead a reasonable person to believe that the other
66 individual may be infected with COVID-19 or another infectious disease that may cause Severe
67 Acute Respiratory Syndrome; or
69 Labor Commission, in consultation with the Department of Health, as a significant exposure.
70 Section 2. Section 78B-8-402 is amended to read:
71 78B-8-402. Petition -- Disease testing -- Notice -- Payment for testing.
72 (1) An emergency services provider or first aid volunteer who is significantly exposed
73 during the course of performing the emergency services provider's duties or during the course
74 of performing emergency assistance or first aid, or a health care provider acting in the course
75 and scope of the health care provider's duties as a health care provider may:
76 (a) request that the person to whom the emergency services provider, first aid
77 volunteer, or health care provider was significantly exposed voluntarily submit to testing; or
78 (b) petition the district court or a magistrate for an order requiring that the person to
79 whom the emergency services provider, first aid volunteer, or health care provider was
80 significantly exposed submit to testing to determine the presence of a disease[
82 Department of Health.
83 (2) (a) A law enforcement agency may submit on behalf of the petitioner by electronic
84 or other means an ex parte request for a warrant ordering a [
85 procedure of the respondent.
86 (b) The court or magistrate shall issue a warrant ordering the respondent to [
88 and that reasonable force may be used, if necessary, if the court or magistrate finds that:
89 (i) the petitioner was significantly exposed during the course of performing the
90 petitioner's duties as an emergency services provider, first aid volunteer, or health care
92 (ii) the respondent [
93 procedure or is unable to give consent;
94 (iii) there may not be an opportunity to obtain a sample at a later date; and
95 (iv) a delay in administering available FDA-approved post-exposure treatment or
96 prophylaxis could result in a lack of effectiveness of the treatment or prophylaxis.
97 (c) (i) [
98 blood draw, the petitioner shall request a person authorized under Section 41-6a-523 to
99 perform the blood draw.
100 (ii) If the petitioner requests that the court order the respondent to submit to a medical
101 testing procedure, other than a blood draw, the petitioner shall request that a qualified medical
102 professional, including a physician, a physician's assistant, a registered nurse, a licensed
103 practical nurse, or a paramedic, perform the medical testing procedure.
104 (d) (i) A sample drawn in accordance with a warrant following an ex parte request shall
105 be sent to the Department of Health for testing.
106 (ii) If the Department of Health is unable to perform a medical testing procedure
107 ordered by the court under this section, a qualified medical laboratory may perform the medical
108 testing procedure if:
109 (A) the Department of Health requests that the medical laboratory perform the medical
110 testing procedure; and
111 (B) the result of the medical testing procedure is provided to the Department of Health.
112 (3) If a petitioner does not seek or obtain a warrant pursuant to Subsection (2), the
113 petitioner may file a petition with the district court seeking an order to submit to testing and to
114 disclose the results in accordance with this section.
115 (4) (a) The petition described in Subsection (3) shall be accompanied by an affidavit in
116 which the petitioner certifies that the petitioner has been significantly exposed to the individual
117 who is the subject of the petition and describes that exposure.
118 (b) The petitioner shall submit to testing to determine the presence of a disease, when
119 the petition is filed or within three days after the petition is filed.
120 (5) The petitioner shall cause the petition required under this section to be served on
121 the person who the petitioner is requesting to be tested in a manner that will best preserve the
122 confidentiality of that person.
123 (6) (a) The court shall set a time for a hearing on the matter within 10 days after the
124 petition is filed and shall give the petitioner and the individual who is the subject of the petition
125 notice of the hearing at least 72 hours prior to the hearing.
126 (b) The individual who is the subject of the petition shall also be notified that the
127 individual may have an attorney present at the hearing and that the individual's attorney may
128 examine and cross-examine witnesses.
129 (c) The hearing shall be conducted in camera.
130 (7) The district court may enter an order requiring that an individual submit to testing,
131 including [
132 cause to believe:
133 (a) the petitioner was significantly exposed; and
134 (b) the exposure occurred during the course of the emergency services provider's
135 duties, the provision of emergency assistance or first aid by a first aid volunteer, or the health
136 care provider acting in the course and scope of the provider's duties as a health care provider.
137 (8) The court may order that the [
139 the subject of the petition is a prisoner.
140 (9) The court may order that additional, follow-up testing be conducted and that the
141 individual submit to that testing, as it determines to be necessary and appropriate.
142 (10) The court is not required to order an individual to submit to a test under this
143 section if it finds that there is a substantial reason, relating to the life or health of the
144 individual, not to enter the order.
145 (11) (a) Upon order of the district court that [
146 for a disease, that [
148 specimen within five days after the day on which the court issues the order, and thereafter as
149 designated by the court, or be held in contempt of court.
150 (b) The court shall send the order to the Department of Health and to the local health
151 department ordered to [
152 (c) Notwithstanding the provisions of Section 26-6-27, the Department of Health and a
153 local health department may disclose the test results pursuant to a court order as provided in
154 this section.
155 (d) Under this section, anonymous testing as provided under Section 26-6-3.5 may not
156 satisfy the requirements of the court order.
157 (12) The local health department or the Department of Health shall inform the subject
158 of the petition and the petitioner of the results of the test and advise both parties that the test
159 results are confidential. That information shall be maintained as confidential by all parties to
160 the action.
161 (13) The court, the court's personnel, the process server, the Department of Health,
162 local health department, and petitioner shall maintain confidentiality of the name and any other
163 identifying information regarding the individual tested and the results of the test as they relate
164 to that individual, except as specifically authorized by this chapter.
165 (14) (a) Except as provided in Subsection (14)(b), the petitioner shall remit payment
166 for [
168 section to the entity that performs the procedure.
169 (b) If the petitioner is an emergency services provider, the agency that employs the
170 emergency services provider shall remit payment for [
174 (15) The entity that [
175 section shall cause the [
176 delivered to the Department of Health for analysis.
177 (16) If the individual is incarcerated, the incarcerating authority shall either [
179 expenses of having the [
180 who is not employed by the incarcerating authority.
181 (17) The ex parte request or petition shall be sealed upon filing and made accessible
182 only to the petitioner, the subject of the petition, and their attorneys, upon court order.
183 Section 3. Effective date.
184 If approved by two-thirds of all the members elected to each house, this bill takes effect
185 upon approval by the governor, or the day following the constitutional time limit of Utah
186 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
187 the date of veto override.