§ 32.1-45.2. Public safety employees; testing for blood-borne pathogens;procedure available for certain citizens; definitions.
A. If, in the course of employment, an employee of a public safety agency isinvolved in a possible exposure prone incident, the employee shallimmediately, or as soon thereafter as practicable, notify the agency of theincident in accordance with the agency's procedures for reporting workplaceaccidents.
B. If, after reviewing the facts of the possible exposure prone incident withthe employee and after medical consultation, the agency concludes that it isreasonable to believe that an exposure prone incident may have occurred, (i)the agency shall request the person whose body fluids were involved to submitto testing for hepatitis B or C virus and human immunodeficiency virus asprovided in § 32.1-37.2 and to authorize disclosure of the test results or(ii) if the person is deceased, the agency shall request the custodian of theremains to preserve a specimen of blood and shall request the decedent's nextof kin to consent, as provided in § 32.1-37.2, to such testing and toauthorize disclosure of the test results.
C. If a person is involved in a possible exposure prone incident involvingthe body fluids of an employee of a public safety agency, the person mayrequest the agency to review the facts of the possible exposure proneincident for purposes of obtaining the employee's consent to test forhepatitis B or C virus and human immunodeficiency virus as provided in §32.1-37.2 and to authorize disclosure of the test results. If, afterreviewing the facts and after medical consultation, the agency concludes itis reasonable to believe an exposure prone incident involving the person andthe employee may have occurred, (i) the agency shall request the employeewhose body fluids were involved to give consent to submit to testing forhepatitis B or C virus and human immunodeficiency virus and to authorizedisclosure of the test results or (ii) if the employee is deceased, theagency shall request the custodian of the remains to preserve a specimen ofblood and shall request the decedent's next of kin to provide consent, asprovided in § 32.1-37.2, to such testing and to authorize disclosure of thetest results.
D. If consent is refused under subsection B of this section, the publicsafety agency or the employee may petition the general district court of thecity or county in which the person resides or resided, or in the case of anonresident, the city or county of the public safety agency's principaloffice, to determine whether an exposure prone incident has occurred and toorder testing and disclosure of the test results.
If consent is refused under subsection C of this section, the person involvedin the possible exposure prone incident may petition the general districtcourt of the city or county of the public safety agency's principal office todetermine whether an exposure prone incident has occurred and to ordertesting and disclosure of the test results.
E. If the court finds by a preponderance of the evidence that an exposureprone incident has occurred, it shall order testing for hepatitis B or Cvirus and human immunodeficiency virus and disclosure of the test results.The court shall be advised by the Commissioner or his designee in making thisfinding. The hearing shall be held in camera as soon as practicable after thepetition is filed. The record shall be sealed.
F. A party may appeal an order of the general district court to the circuitcourt of the same jurisdiction within ten days from the date of the order.Any such appeal shall be de novo, in camera, and shall be heard as soon aspossible by the circuit court. The circuit court shall be advised by theCommissioner or his designee. The record shall be sealed. The order of thecircuit court shall be final and nonappealable.
G. Disclosure of any test results provided by this section shall be made tothe district health director of the jurisdiction in which the petition wasbrought or the district in which the person or employee was tested. Thedistrict health director or his designee shall inform the parties of the testresults and counsel them in accordance with subsection B of § 32.1-37.2.
H. The results of the tests shall be confidential as provided in § 32.1-36.1.
I. No person known or suspected to be positive for infection with hepatitis Bor C virus or human immunodeficiency virus shall be refused services for thatreason by any public safety agency personnel.
J. For the purpose of this section and for no other purpose, the term"employee" shall include: (i) any person providing assistance to a personemployed by a public safety agency who is directly affected by a possibleexposure prone incident as a result of the specific crime or specificcircumstances involved in the assistance and (ii) any victim of or witness toa crime who is directly affected by a possible exposure prone incident as aresult of the specific crime.
K. This section shall not be deemed to create any duty on the part of anyperson where none exists otherwise, and a cause of action shall not arisefrom any failure to request consent or to consent to testing under thissection. The remedies available under this section shall be exclusive.
L. For the purposes of this section, the following terms shall apply:
"Exposure prone incident" means a direct exposure to body fluids of anotherperson in a manner which may, according to the then current guidelines of theCenters for Disease Control and Prevention, transmit hepatitis B or C virusor human immunodeficiency virus and which occurred during the commission of acriminal act, during the performance of emergency procedures, care orassistance, or in the course of public safety or law-enforcement duties.
"Public safety agency" means any sheriff's office and any adult or youthcorrectional, law-enforcement, fire safety organization or any agency ordepartment that employs persons who have law-enforcement authority and whichis under the direction and control of the Commonwealth or any local governingbody.
(1992, c. 711; 1994, c. 146; 1997, cc. 722, 804; 2008, c. 641.)
§ 32.1-45.2. Public safety employees; testing for blood-borne pathogens;procedure available for certain citizens; definitions.
A. If, in the course of employment, an employee of a public safety agency isinvolved in a possible exposure prone incident, the employee shallimmediately, or as soon thereafter as practicable, notify the agency of theincident in accordance with the agency's procedures for reporting workplaceaccidents.
B. If, after reviewing the facts of the possible exposure prone incident withthe employee and after medical consultation, the agency concludes that it isreasonable to believe that an exposure prone incident may have occurred, (i)the agency shall request the person whose body fluids were involved to submitto testing for hepatitis B or C virus and human immunodeficiency virus asprovided in § 32.1-37.2 and to authorize disclosure of the test results or(ii) if the person is deceased, the agency shall request the custodian of theremains to preserve a specimen of blood and shall request the decedent's nextof kin to consent, as provided in § 32.1-37.2, to such testing and toauthorize disclosure of the test results.
C. If a person is involved in a possible exposure prone incident involvingthe body fluids of an employee of a public safety agency, the person mayrequest the agency to review the facts of the possible exposure proneincident for purposes of obtaining the employee's consent to test forhepatitis B or C virus and human immunodeficiency virus as provided in §32.1-37.2 and to authorize disclosure of the test results. If, afterreviewing the facts and after medical consultation, the agency concludes itis reasonable to believe an exposure prone incident involving the person andthe employee may have occurred, (i) the agency shall request the employeewhose body fluids were involved to give consent to submit to testing forhepatitis B or C virus and human immunodeficiency virus and to authorizedisclosure of the test results or (ii) if the employee is deceased, theagency shall request the custodian of the remains to preserve a specimen ofblood and shall request the decedent's next of kin to provide consent, asprovided in § 32.1-37.2, to such testing and to authorize disclosure of thetest results.
D. If consent is refused under subsection B of this section, the publicsafety agency or the employee may petition the general district court of thecity or county in which the person resides or resided, or in the case of anonresident, the city or county of the public safety agency's principaloffice, to determine whether an exposure prone incident has occurred and toorder testing and disclosure of the test results.
If consent is refused under subsection C of this section, the person involvedin the possible exposure prone incident may petition the general districtcourt of the city or county of the public safety agency's principal office todetermine whether an exposure prone incident has occurred and to ordertesting and disclosure of the test results.
E. If the court finds by a preponderance of the evidence that an exposureprone incident has occurred, it shall order testing for hepatitis B or Cvirus and human immunodeficiency virus and disclosure of the test results.The court shall be advised by the Commissioner or his designee in making thisfinding. The hearing shall be held in camera as soon as practicable after thepetition is filed. The record shall be sealed.
F. A party may appeal an order of the general district court to the circuitcourt of the same jurisdiction within ten days from the date of the order.Any such appeal shall be de novo, in camera, and shall be heard as soon aspossible by the circuit court. The circuit court shall be advised by theCommissioner or his designee. The record shall be sealed. The order of thecircuit court shall be final and nonappealable.
G. Disclosure of any test results provided by this section shall be made tothe district health director of the jurisdiction in which the petition wasbrought or the district in which the person or employee was tested. Thedistrict health director or his designee shall inform the parties of the testresults and counsel them in accordance with subsection B of § 32.1-37.2.
H. The results of the tests shall be confidential as provided in § 32.1-36.1.
I. No person known or suspected to be positive for infection with hepatitis Bor C virus or human immunodeficiency virus shall be refused services for thatreason by any public safety agency personnel.
J. For the purpose of this section and for no other purpose, the term"employee" shall include: (i) any person providing assistance to a personemployed by a public safety agency who is directly affected by a possibleexposure prone incident as a result of the specific crime or specificcircumstances involved in the assistance and (ii) any victim of or witness toa crime who is directly affected by a possible exposure prone incident as aresult of the specific crime.
K. This section shall not be deemed to create any duty on the part of anyperson where none exists otherwise, and a cause of action shall not arisefrom any failure to request consent or to consent to testing under thissection. The remedies available under this section shall be exclusive.
L. For the purposes of this section, the following terms shall apply:
"Exposure prone incident" means a direct exposure to body fluids of anotherperson in a manner which may, according to the then current guidelines of theCenters for Disease Control and Prevention, transmit hepatitis B or C virusor human immunodeficiency virus and which occurred during the commission of acriminal act, during the performance of emergency procedures, care orassistance, or in the course of public safety or law-enforcement duties.
"Public safety agency" means any sheriff's office and any adult or youthcorrectional, law-enforcement, fire safety organization or any agency ordepartment that employs persons who have law-enforcement authority and whichis under the direction and control of the Commonwealth or any local governingbody.
(1992, c. 711; 1994, c. 146; 1997, cc. 722, 804; 2008, c. 641.)
§ 32.1-45.2. Public safety employees; testing for blood-borne pathogens;procedure available for certain citizens; definitions.
A. If, in the course of employment, an employee of a public safety agency isinvolved in a possible exposure prone incident, the employee shallimmediately, or as soon thereafter as practicable, notify the agency of theincident in accordance with the agency's procedures for reporting workplaceaccidents.
B. If, after reviewing the facts of the possible exposure prone incident withthe employee and after medical consultation, the agency concludes that it isreasonable to believe that an exposure prone incident may have occurred, (i)the agency shall request the person whose body fluids were involved to submitto testing for hepatitis B or C virus and human immunodeficiency virus asprovided in § 32.1-37.2 and to authorize disclosure of the test results or(ii) if the person is deceased, the agency shall request the custodian of theremains to preserve a specimen of blood and shall request the decedent's nextof kin to consent, as provided in § 32.1-37.2, to such testing and toauthorize disclosure of the test results.
C. If a person is involved in a possible exposure prone incident involvingthe body fluids of an employee of a public safety agency, the person mayrequest the agency to review the facts of the possible exposure proneincident for purposes of obtaining the employee's consent to test forhepatitis B or C virus and human immunodeficiency virus as provided in §32.1-37.2 and to authorize disclosure of the test results. If, afterreviewing the facts and after medical consultation, the agency concludes itis reasonable to believe an exposure prone incident involving the person andthe employee may have occurred, (i) the agency shall request the employeewhose body fluids were involved to give consent to submit to testing forhepatitis B or C virus and human immunodeficiency virus and to authorizedisclosure of the test results or (ii) if the employee is deceased, theagency shall request the custodian of the remains to preserve a specimen ofblood and shall request the decedent's next of kin to provide consent, asprovided in § 32.1-37.2, to such testing and to authorize disclosure of thetest results.
D. If consent is refused under subsection B of this section, the publicsafety agency or the employee may petition the general district court of thecity or county in which the person resides or resided, or in the case of anonresident, the city or county of the public safety agency's principaloffice, to determine whether an exposure prone incident has occurred and toorder testing and disclosure of the test results.
If consent is refused under subsection C of this section, the person involvedin the possible exposure prone incident may petition the general districtcourt of the city or county of the public safety agency's principal office todetermine whether an exposure prone incident has occurred and to ordertesting and disclosure of the test results.
E. If the court finds by a preponderance of the evidence that an exposureprone incident has occurred, it shall order testing for hepatitis B or Cvirus and human immunodeficiency virus and disclosure of the test results.The court shall be advised by the Commissioner or his designee in making thisfinding. The hearing shall be held in camera as soon as practicable after thepetition is filed. The record shall be sealed.
F. A party may appeal an order of the general district court to the circuitcourt of the same jurisdiction within ten days from the date of the order.Any such appeal shall be de novo, in camera, and shall be heard as soon aspossible by the circuit court. The circuit court shall be advised by theCommissioner or his designee. The record shall be sealed. The order of thecircuit court shall be final and nonappealable.
G. Disclosure of any test results provided by this section shall be made tothe district health director of the jurisdiction in which the petition wasbrought or the district in which the person or employee was tested. Thedistrict health director or his designee shall inform the parties of the testresults and counsel them in accordance with subsection B of § 32.1-37.2.
H. The results of the tests shall be confidential as provided in § 32.1-36.1.
I. No person known or suspected to be positive for infection with hepatitis Bor C virus or human immunodeficiency virus shall be refused services for thatreason by any public safety agency personnel.
J. For the purpose of this section and for no other purpose, the term"employee" shall include: (i) any person providing assistance to a personemployed by a public safety agency who is directly affected by a possibleexposure prone incident as a result of the specific crime or specificcircumstances involved in the assistance and (ii) any victim of or witness toa crime who is directly affected by a possible exposure prone incident as aresult of the specific crime.
K. This section shall not be deemed to create any duty on the part of anyperson where none exists otherwise, and a cause of action shall not arisefrom any failure to request consent or to consent to testing under thissection. The remedies available under this section shall be exclusive.
L. For the purposes of this section, the following terms shall apply:
"Exposure prone incident" means a direct exposure to body fluids of anotherperson in a manner which may, according to the then current guidelines of theCenters for Disease Control and Prevention, transmit hepatitis B or C virusor human immunodeficiency virus and which occurred during the commission of acriminal act, during the performance of emergency procedures, care orassistance, or in the course of public safety or law-enforcement duties.
"Public safety agency" means any sheriff's office and any adult or youthcorrectional, law-enforcement, fire safety organization or any agency ordepartment that employs persons who have law-enforcement authority and whichis under the direction and control of the Commonwealth or any local governingbody.
(1992, c. 711; 1994, c. 146; 1997, cc. 722, 804; 2008, c. 641.)
