78B-8-402 - Petition -- Disease testing -- Notice -- Payment for testing.
78B-8-402. Petition -- Disease testing -- Notice -- Payment for testing.
(1) An emergency medical services provider, or first aid volunteer who is significantlyexposed during the course of performing the emergency medical services provider's duties orduring the course of performing emergency assistance or first aid may:
(a) request that the person to whom he was significantly exposed voluntarily submit totesting; or
(b) petition the district court for an order requiring that the person to whom he wassignificantly exposed submit to testing to determine the presence of a disease, as defined inSection 78B-8-401, and that the results of that test be disclosed to the petitioner by theDepartment of Health.
(2) (a) The petitioner shall file a petition with the district court seeking an order tosubmit 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, thesubject of the petition, and their attorneys, upon court order.
(3) (a) The petition described in Subsection (2) shall be accompanied by an affidavit inwhich the emergency medical services provider or first aid volunteer certifies that he has beensignificantly exposed to the individual who is the subject of the petition and describes thatexposure.
(b) The petitioner shall submit to testing to determine the presence of a disease, when thepetition is filed or within three days after the petition is filed.
(4) The petitioner shall cause the petition required under this section to be served on theperson who the petitioner is requesting to be tested in a manner that will best preserve theconfidentiality of that person.
(5) (a) The court shall set a time for a hearing on the matter within 10 days after thepetition is filed and shall give the petitioner and the individual who is the subject of the petitionnotice 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 he mayhave an attorney present at the hearing, and that his attorney may examine and cross-examinewitnesses.
(c) The hearing shall be conducted in camera.
(6) The district court may enter an order requiring that an individual submit to testing fora 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 medical services provider'sduties, or the provision of emergency assistance or first aid by a first aid volunteer.
(7) The court may order that additional, follow-up testing be conducted, and that theindividual submit to that testing, as it determines to be necessary and appropriate.
(8) The court is not required to order an individual to submit to a test under this section ifit finds that there is a substantial reason, relating to the life or health of the individual, not toenter the order.
(9) (a) Upon order of the district court that a person submit to testing for a disease, thatperson shall report to the designated local health department to have his blood drawn within 10days from the issuance of the order, and thereafter as designated by the court, or be held incontempt 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 alocal health department may disclose the test results pursuant to a court order as provided in thissection.
(d) Under this section, anonymous testing as provided under Section 26-6-3.5 shall notsatisfy the requirements of the court order.
(10) The local health department or the Department of Health shall inform the subject ofthe petition and the petitioner of the results of the test and advise both parties that the test resultsare confidential. That information shall be maintained as confidential by all parties to the action.
(11) The court, its personnel, the process server, the Department of Health, local healthdepartment, and petitioner shall maintain confidentiality of the name and any other identifyinginformation regarding the individual tested and the results of the test as they relate to thatindividual, except as specifically authorized by this chapter.
(12) (a) Except as provided in Subsection (12)(b), the petitioner shall remit payment forthe drawing of the blood specimen and the analysis of the specimen for the mandatory diseasetesting to the entity that draws the blood.
(b) If the petitioner is an emergency medical services provider, the agency whichemploys the emergency medical services provider shall remit payment for the drawing of theblood specimen and the analysis of the specimen for the mandatory disease testing to the entitythat draws the blood.
(13) The entity that draws the blood shall cause the blood and the payment for theanalysis of the specimen to be delivered to the Department of Health for analysis.
(14) If the individual is incarcerated, the incarcerating authority shall either draw theblood specimen or shall pay the expenses of having the individual's blood drawn.
Renumbered and Amended by Chapter 3, 2008 General Session