Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 68 First Substitute (2016GS)

Sponsor

Rep. Redd, E.

Final action

Governor Signed 3/21/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows an emergency service provider to request a court order authorizing a blood sample from an individual if, during the course of performing the provider's duties, the provider is significantly exposed to the individual's bodily fluids.

Every vote on this bill

Bill text

POST-EXPOSURE BLOOD TESTING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Edward H. Redd
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill allows an emergency service provider to request a blood sample if
significantly exposed to a person's bodily fluids in the course of performing the
provider's duties.
Highlighted Provisions:
This bill:
▸ allows an emergency service provider to request a court order authorizing a blood
sample from an individual if, during the course of performing the provider's duties,
the provider is significantly exposed to the individual's bodily fluids.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-8-402
, as last amended by Laws of Utah 2013, Chapter 114
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78B-8-402
 is amended to read:
78B-8-402.
Petition -- Disease testing -- Notice -- Payment for testing.
(1) An emergency services provider or first aid volunteer who is significantly exposed
during the course of performing the emergency services provider's duties or during the course
of performing emergency assistance or first aid may:
(a) request that the person to whom the emergency services provider or first aid
volunteer was significantly exposed voluntarily submit to testing; or
(b) petition the district court 
or a magistrate
 for an order requiring that the person to
whom the emergency services provider or first aid volunteer was significantly exposed submit
to testing to determine the presence of a disease, as defined in Section 
78B-8-401
, and that the
results of that test be disclosed to the petitioner by the Department of Health.
(2) (a) The petitioner may submit by electronic or other means an ex parte request for
an order authorizing a blood draw from the respondent.
(b) If the court finds that, on the basis of the information in the ex parte request, the
petitioner was significantly exposed during the course of performing the petitioner's duties as
an emergency services provider or first aid volunteer and that there is a reasonable likelihood
that there will not be an opportunity to obtain a sample at a later date, the court shall issue an
order authorizing the petitioner to obtain a specimen of the person's blood, using reasonable
force, if necessary.
(c) Depending upon the location of the respondent, the petitioner shall request a person
authorized under Section 
41-6a-523
 to perform the blood draw.
(d) A sample drawn in accordance with an order following an ex parte request shall be
sent to the Department of Health for testing.
[
(2)
] 
(3)
 (a) [
The
] 
If a petitioner does not seek or obtain authorization pursuant to
Subsection (2), the
 petitioner [
shall
] 
may
 file a petition with the district court seeking an order
to submit to testing and to disclose the results in accordance with the provisions of this section.
(b) The petition shall be sealed upon filing and made accessible only to the petitioner,
the subject of the petition, and their attorneys, upon court order.
[
(3)
] 
(4)
 (a) The petition described in Subsection [
(2)
] 
(3)
 shall be accompanied by an
affidavit in which the petitioner certifies that the petitioner has been significantly exposed to
the individual who is the subject of the petition and describes that exposure.
(b) The petitioner shall submit to testing to determine the presence of a disease, when
the petition is filed or within three days after the petition is filed.
[
(4)
] 
(5)
 The petitioner shall cause the petition required under this section to be served
on the person who the petitioner is requesting to be tested in a manner that will best preserve
the confidentiality of that person.
[
(5)
] 
(6)
 (a) The court shall set a time for a hearing on the matter within 10 days after
the petition is filed and shall give the petitioner and the individual who is the subject of the
petition notice of the hearing at least 72 hours prior to the hearing.
(b) The individual who is the subject of the petition shall also be notified that the
individual may have an attorney present at the hearing and that the individual's attorney may
examine and cross-examine witnesses.
(c) The hearing shall be conducted in camera.
[
(6)
] 
(7)
 The district court may enter an order requiring that an individual submit to
testing, including blood testing, for a disease if the court finds probable cause to believe:
(a) the petitioner was significantly exposed; and
(b) the exposure occurred during the course of the emergency services provider's
duties, or the provision of emergency assistance or first aid by a first aid volunteer.
[
(7)
] 
(8)
 The court may order that the blood specimen be obtained by the use of
reasonable force if the individual who is the subject of the petition is a prisoner.
[
(8)
] 
(9)
 The court may order that additional, follow-up testing be conducted and that
the individual submit to that testing, as it determines to be necessary and appropriate.
[
(9)
] 
(10)
 The court is not required to order an individual to submit to a test under this
section if it finds that there is a substantial reason, relating to the life or health of the
individual, not to enter the order.
[
(10)
] 
(11)
 (a) Upon order of the district court that a person submit to testing for a
disease, that person shall report to the designated local health department to have the person's
blood drawn within 10 days from the issuance of the order, and thereafter as designated by the
court, or be held in contempt of court.
(b) The court shall send the order to the Department of Health and to the local health
department ordered to draw the blood.
(c) Notwithstanding the provisions of Section 
26-6-27
, the Department of Health and a
local health department may disclose the test results pursuant to a court order as provided in
this section.
(d) Under this section, anonymous testing as provided under Section 
26-6-3.5
 [
shall
]
may
 not satisfy the requirements of the court order.
[
(11)
] 
(12)
 The local health department or the Department of Health shall inform the
subject of the petition and the petitioner of the results of the test and advise both parties that the
test results are confidential. That information shall be maintained as confidential by all parties
to the action.
[
(12)
] 
(13)
 The court, its personnel, the process server, the Department of Health, local
health department, and petitioner shall maintain confidentiality of the name and any other
identifying information regarding the individual tested and the results of the test as they relate
to that individual, except as specifically authorized by this chapter.
[
(13)
] 
(14)
 (a) Except as provided in Subsection [
(13)
] 
(14)
(b), the petitioner shall
remit payment for the drawing of the blood specimen and the analysis of the specimen for the
mandatory disease testing to the entity that draws the blood.
(b) If the petitioner is an emergency services provider, the agency that employs the
emergency services provider shall remit payment for the drawing of the blood specimen and
the analysis of the specimen for the mandatory disease testing to the entity that draws the
blood.
[
(14)
] 
(15)
 The entity that draws the blood shall cause the blood and the payment for
the analysis of the specimen to be delivered to the Department of Health for analysis.
[
(15)
] 
(16)
 If the individual is incarcerated, the incarcerating authority shall either draw
the blood specimen or shall pay the expenses of having the individual's blood drawn.
Legislative Review Note
Office of Legislative Research and General Counsel