65-6008. Infectious disease testing; certain persons in contact with body fluids; hearing; disclosure of test results.
65-6008
65-6008. Infectious disease testing; certain persons in contact with bodyfluids; hearing; disclosure of test results.(a) If a corrections officer, emergency services employee ,law enforcement employee or juvenile correctional facility staff comes incontact with or otherwise is exposed totransmission of body fluids from one or more other persons while performingduties within the scope of such employee's duties as an employee, the head ofthe employing agency or entity may make application to a court of competentjurisdiction for an order requiring such other person or persons to submit toinfectious disease tests.
(b) Such application shall include an allegation that the person or personssought to be tested have been requested to submitvoluntarily to infectiousdisease tests and have refused the tests. When any such application isreceived, the court shall hold a hearing forthwith and shall issue its orderthereon immediately if the court finds that: (1) There is probable cause tobelieve that the employee involved has come in contact with or otherwisehas beenexposed to transmission of the body fluids of the person or persons soughtto be tested; and (2) the person or persons sought to be tested have beenrequested to submit to the tests and have refused, unless the court makes afurther finding that exigent circumstances exist which , in thecourt'sjudgment, would excuse the applicant from making such a request.
(c) If an infectious disease test ordered pursuant to this section resultsin a negative reaction, the court shall order theperson tested to submit to another infectious disease test six months from thedate the first test was administered.
(d) The results of any infectious disease test ordered pursuant to thissection shall be disclosed to the court which ordered the test, the employeeand the person tested. If an infectious disease test ordered pursuant to thissection results in a positive reaction, the results shall be reported to theemployee.
History: L. 1996, ch. 215, § 3;L. 1998, ch. 187, § 13; July 1.