24-2E-1. Testing of persons for hepatitis; consent not required.
A. As used in this section:
(1) "exposed individual" means a health care provider or first responder, including an employee, volunteer or independent contracted agent of a health care provider or law enforcement agency, while acting within the scope of his employment, who is significantly exposed to the blood or other potentially infectious material of another person, when the exposure is proximately the result of the activity of the exposed individual acting within the scope of his employment;
(2) "significantly exposed" means direct contact with blood or other potentially infectious material of a source individual in a manner that is capable of transmitting viral hepatitis; and
(3) "source individual" means a person identified as at-risk for or believed to have viral hepatitis, whose blood or other potentially infectious material may have been or has been the source of a significant exposure.
B. A test designed to identify the viral hepatitis, its antigens or antibodies may be performed without the consent of a source individual when an exposed individual is significantly exposed.
C. If consent to perform a test on a source individual cannot be obtained on a voluntary basis, the exposed individual may petition the court to order that a test be performed on the source individual; provided that the same test shall first be performed on the exposed individual. The test may be performed on the source individual regardless of the result of the test performed on the exposed individual. If the exposed individual is a minor or incompetent, the parent or guardian may petition the court to order that a test be performed on the source individual.
D. The court may issue an order based on a finding of good cause after a hearing at which both the source individual and the exposed individual have the right to be present. The hearing shall be conducted within twenty-four hours after the petition is filed. The petition and all proceedings in connection with the petition shall be under seal. The test shall be administered on the source individual within twenty-four hours after the order for testing is entered.
E. Pursuant to rules adopted by the department of health, the results of the test shall be disclosed only to the source individual, to the exposed individual or, in the case of a minor, to the exposed individual's parent or guardian and to the infectious disease bureau of the public health division of the department of health.
24-2E-1. Testing of persons for hepatitis; consent not required.
A. As used in this section:
(1) "exposed individual" means a health care provider or first responder, including an employee, volunteer or independent contracted agent of a health care provider or law enforcement agency, while acting within the scope of his employment, who is significantly exposed to the blood or other potentially infectious material of another person, when the exposure is proximately the result of the activity of the exposed individual acting within the scope of his employment;
(2) "significantly exposed" means direct contact with blood or other potentially infectious material of a source individual in a manner that is capable of transmitting viral hepatitis; and
(3) "source individual" means a person identified as at-risk for or believed to have viral hepatitis, whose blood or other potentially infectious material may have been or has been the source of a significant exposure.
B. A test designed to identify the viral hepatitis, its antigens or antibodies may be performed without the consent of a source individual when an exposed individual is significantly exposed.
C. If consent to perform a test on a source individual cannot be obtained on a voluntary basis, the exposed individual may petition the court to order that a test be performed on the source individual; provided that the same test shall first be performed on the exposed individual. The test may be performed on the source individual regardless of the result of the test performed on the exposed individual. If the exposed individual is a minor or incompetent, the parent or guardian may petition the court to order that a test be performed on the source individual.
D. The court may issue an order based on a finding of good cause after a hearing at which both the source individual and the exposed individual have the right to be present. The hearing shall be conducted within twenty-four hours after the petition is filed. The petition and all proceedings in connection with the petition shall be under seal. The test shall be administered on the source individual within twenty-four hours after the order for testing is entered.
E. Pursuant to rules adopted by the department of health, the results of the test shall be disclosed only to the source individual, to the exposed individual or, in the case of a minor, to the exposed individual's parent or guardian and to the infectious disease bureau of the public health division of the department of health.
24-2E-1. Testing of persons for hepatitis; consent not required.
A. As used in this section:
(1) "exposed individual" means a health care provider or first responder, including an employee, volunteer or independent contracted agent of a health care provider or law enforcement agency, while acting within the scope of his employment, who is significantly exposed to the blood or other potentially infectious material of another person, when the exposure is proximately the result of the activity of the exposed individual acting within the scope of his employment;
(2) "significantly exposed" means direct contact with blood or other potentially infectious material of a source individual in a manner that is capable of transmitting viral hepatitis; and
(3) "source individual" means a person identified as at-risk for or believed to have viral hepatitis, whose blood or other potentially infectious material may have been or has been the source of a significant exposure.
B. A test designed to identify the viral hepatitis, its antigens or antibodies may be performed without the consent of a source individual when an exposed individual is significantly exposed.
C. If consent to perform a test on a source individual cannot be obtained on a voluntary basis, the exposed individual may petition the court to order that a test be performed on the source individual; provided that the same test shall first be performed on the exposed individual. The test may be performed on the source individual regardless of the result of the test performed on the exposed individual. If the exposed individual is a minor or incompetent, the parent or guardian may petition the court to order that a test be performed on the source individual.
D. The court may issue an order based on a finding of good cause after a hearing at which both the source individual and the exposed individual have the right to be present. The hearing shall be conducted within twenty-four hours after the petition is filed. The petition and all proceedings in connection with the petition shall be under seal. The test shall be administered on the source individual within twenty-four hours after the order for testing is entered.
E. Pursuant to rules adopted by the department of health, the results of the test shall be disclosed only to the source individual, to the exposed individual or, in the case of a minor, to the exposed individual's parent or guardian and to the infectious disease bureau of the public health division of the department of health.
