Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 434 First Substitute (2019GS)

Sponsor

Rep. Stoddard, A.

Final action

Governor Signed 3/27/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends the amount of time within which an individual must provide a blood sample when a court or magistrate has issued a warrant ordering the individual to provide the sample; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DISEASE TESTING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor: 
Karen Mayne
LONG TITLE
General Description:
This bill amends provisions related to disease testing.
Highlighted Provisions:
This bill:
▸ amends the amount of time within which an individual must provide a blood sample
when a court or magistrate has issued a warrant ordering the individual to provide
the sample; and
▸ makes technical and conforming changes.
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 2017, Chapter 185
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, or a health care provider acting in the course
and scope of the health care provider's duties as a health care provider may:
(a) request that the person to whom the emergency services provider, first aid
volunteer, or health care provider 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, first aid volunteer, or health care provider 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) A law enforcement agency may submit on behalf of the petitioner by electronic
or other means an ex parte request for a warrant ordering a blood draw from the respondent.
(b) The court or magistrate shall issue a warrant ordering the respondent to provide a
specimen of the respondent's blood within [
] 
two
 hours, and that reasonable force may be
used, if necessary, if the court or magistrate finds that:
(i) the petitioner was significantly exposed during the course of performing the
petitioner's duties as an emergency services provider, first aid volunteer, or health care
provider;
(ii) the respondent has refused consent to the blood draw or is unable to give consent;
(iii) there may not be an opportunity to obtain a sample at a later date; and
(iv) a delay in administering available FDA-approved post-exposure treatment or
prophylaxis could result in a lack of effectiveness of the treatment or prophylaxis.
(c) The petitioner shall request a person authorized under Section 
41-6a-523
 perform
the blood draw.
(d) A sample drawn in accordance with a warrant following an ex parte request shall be
sent to the Department of Health for testing.
(3) If a petitioner does not seek or obtain a warrant pursuant to Subsection (2), the
petitioner may file a petition with the district court seeking an order to submit to testing and to
disclose the results in accordance with this section.
(4) (a) The petition described in Subsection (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.
(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.
(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.
(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, the provision of emergency assistance or first aid by a first aid volunteer, or the health
care provider acting in the course and scope of the provider's duties as a health care provider.
(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.
(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.
(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.
(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
 may not
satisfy the requirements of the court order.
(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.
(13) The court, [
its
] 
the court's
 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.
(14) (a) Except as provided in Subsection (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.
(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.
(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.
(17) The ex parte request or petition shall be sealed upon filing and made accessible
only to the petitioner, the subject of the petition, and their attorneys, upon court order.