Article 60.--ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND HEPATITIS B; OTHER INFECTIOUS DISEASE
65-6017.Court ordered testing of certain offendersin custody ofsecretary of corrections or commissioner of juvenile justiceauthority.(a) If a corrections employee has beenplaced in contact with body fluid from one or more offenders while performingduties within the scope of such employee's duties as a correctionsemployee, the secretary of corrections or thesecretary's designee or the commissioner of the juvenile justice authorityor the commissioner's designee upon consultation with a medical careprovider may make application to the district court of the county where theoffender or offenders are in custody for an order requiring such offender oroffenders to submit to tests for infectious diseases. Such application shallinclude an allegation that the offender or offenders sought to be tested havebeen requested to voluntarily submit to tests for a specific infectious diseaseor diseases and have refused the tests and that the corrections employee hasagreed to voluntarily testing for the same infectious disease, includingappropriate follow-up testing. When any such application is received, the courtshall hold a hearing forthwith and shall issue its order thereon immediately ifthe court finds that: (1) There is probable cause to believe that the employeeinvolved has been placed in contact with body fluid of the offender oroffenders sought to be tested; and (2) the offender or offenders sought to betested have been requested to submit to the tests and have refused, unless thecourt makes a further finding that exigent circumstances exist that would, inthe court's judgment, excuse the applicant from making such a request. Expensesof the testing shall be assessed as a cost of the proceeding.
(b) If a test for an infectiousdisease ordered pursuant to this section resultsin a negative reaction, the court, upon proper application, shall order theoffender tested to submit to another test six months afterthe date the first test was administered.
(c) If a test is ordered pursuant to this section, the corrections employeeshall designate a health care provider or counselor to receive the test resultson behalf of the corrections employee.The results of the test shall be disclosed to the court that ordered the test,the person testedand the health care provider or counselor designated by the correctionsemployee. The results shall also be disclosed to the secretary of correctionsor the commissioner of the juvenile justice authorityfor inclusion in the offender's medical records.Test results of the corrections employee shall not bedisclosed except as specifically authorized in writing by the employee.
(d) When a court orders an offender to submit to tests underthis section which require withdrawal of blood, the withdrawal of the blood maybe performed only by: (1) Aphysician or a person acting under thesupervision of a physician; (2) a licensed professional nurse or alicensed practical nurse; or (3) a qualified medical technician. No personauthorized by this subsection to withdraw blood, no person assisting in theperformanceof the tests nor any medical care facility where blood iswithdrawn or tested that has been ordered by the court to withdraw or testblood shall be liable in any civil or criminal action when the act is performedin a reasonable manner according to generally accepted medical practices.
(e) The results of tests or reports, or information therein, obtained underthis section shall be confidential and shall not be divulged to any person notauthorized by law to receive such results, reports or information. Anyviolation of this subsection is a class C misdemeanor.
History: L. 1993, ch. 221, § 4;L. 2001, ch. 102, § 3;L. 2005, ch. 40, § 2; July 1.
Article 60.--ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND HEPATITIS B; OTHER INFECTIOUS DISEASE
65-6017.Court ordered testing of certain offendersin custody ofsecretary of corrections or commissioner of juvenile justiceauthority.(a) If a corrections employee has beenplaced in contact with body fluid from one or more offenders while performingduties within the scope of such employee's duties as a correctionsemployee, the secretary of corrections or thesecretary's designee or the commissioner of the juvenile justice authorityor the commissioner's designee upon consultation with a medical careprovider may make application to the district court of the county where theoffender or offenders are in custody for an order requiring such offender oroffenders to submit to tests for infectious diseases. Such application shallinclude an allegation that the offender or offenders sought to be tested havebeen requested to voluntarily submit to tests for a specific infectious diseaseor diseases and have refused the tests and that the corrections employee hasagreed to voluntarily testing for the same infectious disease, includingappropriate follow-up testing. When any such application is received, the courtshall hold a hearing forthwith and shall issue its order thereon immediately ifthe court finds that: (1) There is probable cause to believe that the employeeinvolved has been placed in contact with body fluid of the offender oroffenders sought to be tested; and (2) the offender or offenders sought to betested have been requested to submit to the tests and have refused, unless thecourt makes a further finding that exigent circumstances exist that would, inthe court's judgment, excuse the applicant from making such a request. Expensesof the testing shall be assessed as a cost of the proceeding.
(b) If a test for an infectiousdisease ordered pursuant to this section resultsin a negative reaction, the court, upon proper application, shall order theoffender tested to submit to another test six months afterthe date the first test was administered.
(c) If a test is ordered pursuant to this section, the corrections employeeshall designate a health care provider or counselor to receive the test resultson behalf of the corrections employee.The results of the test shall be disclosed to the court that ordered the test,the person testedand the health care provider or counselor designated by the correctionsemployee. The results shall also be disclosed to the secretary of correctionsor the commissioner of the juvenile justice authorityfor inclusion in the offender's medical records.Test results of the corrections employee shall not bedisclosed except as specifically authorized in writing by the employee.
(d) When a court orders an offender to submit to tests underthis section which require withdrawal of blood, the withdrawal of the blood maybe performed only by: (1) Aphysician or a person acting under thesupervision of a physician; (2) a licensed professional nurse or alicensed practical nurse; or (3) a qualified medical technician. No personauthorized by this subsection to withdraw blood, no person assisting in theperformanceof the tests nor any medical care facility where blood iswithdrawn or tested that has been ordered by the court to withdraw or testblood shall be liable in any civil or criminal action when the act is performedin a reasonable manner according to generally accepted medical practices.
(e) The results of tests or reports, or information therein, obtained underthis section shall be confidential and shall not be divulged to any person notauthorized by law to receive such results, reports or information. Anyviolation of this subsection is a class C misdemeanor.
History: L. 1993, ch. 221, § 4;L. 2001, ch. 102, § 3;L. 2005, ch. 40, § 2; July 1.
Article 60.--ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND HEPATITIS B; OTHER INFECTIOUS DISEASE
65-6017.Court ordered testing of certain offendersin custody ofsecretary of corrections or commissioner of juvenile justiceauthority.(a) If a corrections employee has beenplaced in contact with body fluid from one or more offenders while performingduties within the scope of such employee's duties as a correctionsemployee, the secretary of corrections or thesecretary's designee or the commissioner of the juvenile justice authorityor the commissioner's designee upon consultation with a medical careprovider may make application to the district court of the county where theoffender or offenders are in custody for an order requiring such offender oroffenders to submit to tests for infectious diseases. Such application shallinclude an allegation that the offender or offenders sought to be tested havebeen requested to voluntarily submit to tests for a specific infectious diseaseor diseases and have refused the tests and that the corrections employee hasagreed to voluntarily testing for the same infectious disease, includingappropriate follow-up testing. When any such application is received, the courtshall hold a hearing forthwith and shall issue its order thereon immediately ifthe court finds that: (1) There is probable cause to believe that the employeeinvolved has been placed in contact with body fluid of the offender oroffenders sought to be tested; and (2) the offender or offenders sought to betested have been requested to submit to the tests and have refused, unless thecourt makes a further finding that exigent circumstances exist that would, inthe court's judgment, excuse the applicant from making such a request. Expensesof the testing shall be assessed as a cost of the proceeding.
(b) If a test for an infectiousdisease ordered pursuant to this section resultsin a negative reaction, the court, upon proper application, shall order theoffender tested to submit to another test six months afterthe date the first test was administered.
(c) If a test is ordered pursuant to this section, the corrections employeeshall designate a health care provider or counselor to receive the test resultson behalf of the corrections employee.The results of the test shall be disclosed to the court that ordered the test,the person testedand the health care provider or counselor designated by the correctionsemployee. The results shall also be disclosed to the secretary of correctionsor the commissioner of the juvenile justice authorityfor inclusion in the offender's medical records.Test results of the corrections employee shall not bedisclosed except as specifically authorized in writing by the employee.
(d) When a court orders an offender to submit to tests underthis section which require withdrawal of blood, the withdrawal of the blood maybe performed only by: (1) Aphysician or a person acting under thesupervision of a physician; (2) a licensed professional nurse or alicensed practical nurse; or (3) a qualified medical technician. No personauthorized by this subsection to withdraw blood, no person assisting in theperformanceof the tests nor any medical care facility where blood iswithdrawn or tested that has been ordered by the court to withdraw or testblood shall be liable in any civil or criminal action when the act is performedin a reasonable manner according to generally accepted medical practices.
(e) The results of tests or reports, or information therein, obtained underthis section shall be confidential and shall not be divulged to any person notauthorized by law to receive such results, reports or information. Anyviolation of this subsection is a class C misdemeanor.
History: L. 1993, ch. 221, § 4;L. 2001, ch. 102, § 3;L. 2005, ch. 40, § 2; July 1.
