Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 5006 First Substitute (2020S5)

Sponsor

Sen. Mayne, K.

Final action

Governor Signed 6/29/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• modifies definitions and procedures to authorize a court to order an individual to submit to medical testing for COVID-19 under certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PUBLIC SAFETY WORKER PROTECTION AMENDMENTS
FIFTH SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Mayne
House Sponsor: 
Eric K. Hutchings
LONG TITLE
General Description:
This bill modifies testing requirements and procedures in relation to public safety
workers who have been exposed to a communicable disease.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies definitions and procedures to authorize a court to order an individual to
submit to medical testing for COVID-19 under certain circumstances; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
78B-8-401
, as last amended by Laws of Utah 2017, Chapters 185 and 326
78B-8-402
, as last amended by Laws of Utah 2019, Chapter 400
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78B-8-401
 is amended to read:
78B-8-401.
Definitions.
[
For purposes of
] 
As used in
 this part:
(1) "Blood or contaminated body fluids" includes blood, saliva, amniotic fluid,
pericardial fluid, peritoneal fluid, pleural fluid, synovial fluid, cerebrospinal fluid, semen, and
vaginal secretions, and any body fluid visibly contaminated with blood.
(2) "COVID-19" means the same as that term is defined in Section 
78B-4-517
.
[
(2)
] 
(3)
 "Disease" means Human Immunodeficiency Virus infection, acute or chronic
Hepatitis B infection, Hepatitis C infection, 
COVID-19 or another infectious disease that may
cause Severe Acute Respiratory Syndrome,
 and any other infectious disease specifically
designated by the Labor Commission, in consultation with the Department of Health, for the
purposes of this part.
[
(3)
] 
(4)
 "Emergency services provider" means:
(a) an individual licensed under Section 
26-8a-302
, a peace officer, local fire
department personnel, or personnel employed by the Department of Corrections or by a county
jail, who provide prehospital emergency care for an emergency services provider either as an
employee or as a volunteer; or
(b) an individual who provides for the care, control, support, or transport of a prisoner.
[
(4)
] 
(5)
 "First aid volunteer" means a person who provides voluntary emergency
assistance or first aid medical care to an injured person prior to the arrival of an emergency
medical services provider or peace officer.
[
(5)
] 
(6)
 "Health care provider" means the same as that term is defined in Section
78B-3-403
.
(7) "Medical testing procedure" means a nasopharyngeal swab, a nasal swab, a
capillary blood sample, a saliva test, or a blood draw.
[
(6)
] 
(8)
 "Peace officer" means the same as that term is defined in Section 
53-1-102
.
[
(7)
] 
(9)
 "Prisoner" means the same as that term is defined in Section 
76-5-101
.
[
(8)
] 
(10)
 "Significant exposure" and "significantly exposed" mean:
(a) exposure of the body of one [
person
] 
individual
 to the blood or body fluids of
another [
person
] 
individual
 by:
(i) percutaneous injury, including a needle stick, cut with a sharp object or instrument,
or a wound resulting from a human bite, scratch, or similar force; or
(ii) contact with an open wound, mucous membrane, or nonintact skin because of a cut,
abrasion, dermatitis, or other damage; [
or
]
(b) exposure of the body of one individual to the body fluids, including airborne
droplets, of another individual if:
(i) the other individual displays symptoms known to be associated with COVID-19 or
another infectious disease that may cause Severe Acute Respiratory Syndrome; or
(ii) other evidence exists that would lead a reasonable person to believe that the other
individual may be infected with COVID-19 or another infectious disease that may cause Severe
Acute Respiratory Syndrome; or
[
(b)
] 
(c)
 exposure that occurs by any other method of transmission defined by the
Labor Commission, in consultation with the Department of Health, as a significant exposure.
Section 2. 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
] 
medical testing
procedure of
 the respondent.
(b) The court or magistrate shall issue a warrant ordering the respondent to [
provide a
specimen of the respondent's blood
] 
submit to a medical testing procedure
 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 
to give
 consent to the [
blood draw
] 
medical testing
procedure
 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) 
(i)
 [
The
] 
If the petitioner requests that the court order the respondent to submit to a
blood draw, the
 petitioner shall request a person authorized under Section 
41-6a-523
to
perform the blood draw.
(ii) If the petitioner requests that the court order the respondent to submit to a medical
testing procedure, other than a blood draw, the petitioner shall request that a qualified medical
professional, including a physician, a physician's assistant, a registered nurse, a licensed
practical nurse, or a paramedic, perform the medical testing procedure.
(d) 
(i)
 A sample drawn in accordance with a warrant following an ex parte request shall
be sent to the Department of Health for testing.
(ii) If the Department of Health is unable to perform a medical testing procedure
ordered by the court under this section, a qualified medical laboratory may perform the medical
testing procedure if:
(A) the Department of Health requests that the medical laboratory perform the medical
testing procedure; and
(B) the result of the medical testing procedure is provided to the Department of Health.
(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
] 
a medical testing procedure
, 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
] 
use of reasonable force is permitted to complete an ordered test
 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
] 
an individual
 submit to testing
for a disease, that [
person
] 
individual
 shall report to the designated local health department to
[
have the person's blood drawn within 10 days from the issuance of
] 
provide the ordered
specimen within five days after the day on which the court issues
 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
] 
conduct or oversee the test
.
(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, 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
] 
each test performed in accordance with this
section to the entity that performs the procedure
.
(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
] 
each test performed in accordance with this section to the entity that performs the
procedure
.
(15) The entity that [
draws the blood
] 
obtains a specimen for a test ordered under this
section
 shall cause the [
blood
] 
specimen
 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
] 
obtain a specimen for a test ordered under this section
 or shall pay the
expenses of having the [
individual's blood drawn
] 
specimen obtained by a qualified individual
who is not employed by the incarcerating authority
.
(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.
Section 3. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.