HF 3774

as introduced - 91st Legislature (2019 - 2020) Posted on 02/26/2020 02:40pm

A bill for an act
relating to health safety; authorizing a person exposed to blood-borne pathogens
to obtain a court order requiring the source individual to submit to a blood test;
proposing coding for new law in Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [144.7416] PETITION FOR COURT-ORDERED BLOOD-BORNE
PATHOGEN TEST.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Blood-borne pathogens" has the meaning given in section 144.7401, subdivision
2.
new text end

new text begin (c) "Significant exposure" has the meaning given in section 144.7401, subdivision 6.
new text end

new text begin (d) "Source individual" means an individual whose blood, tissue, or potentially infectious
bodily fluid may be a source of blood-borne pathogen exposure to a person who brings a
petition under this section.
new text end

new text begin Subd. 2. new text end

new text begin Petition for court-ordered blood test. new text end

new text begin A person exposed to a blood-borne
pathogen may petition a court for an order requiring a source individual to provide a blood
sample for blood-borne pathogen testing. The petitioner must file the petition with the
district court in the county where the source individual resides. The petitioner must serve
the petition on the source individual at least three days before a hearing on the petition.
new text end

new text begin Subd. 3. new text end

new text begin Hearing. new text end

new text begin The court shall conduct the proceeding in camera unless the petitioner
or source individual requests a hearing in open court and the court determines that a public
hearing is necessary to the public interest and the proper administration of justice. The court
may conduct an ex parte hearing if the source individual does not attend the hearing and
the petitioner complies with service requirements under subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Findings. new text end

new text begin The court may order the source individual to provide a blood sample
for blood-borne pathogen testing if the court finds by a preponderance of evidence:
new text end

new text begin (1) the petitioner has experienced significant exposure to the source individual;
new text end

new text begin (2) a licensed physician for the petitioner needs the test results to determine whether to
begin, continue, or modify medical treatment for the petitioner; and
new text end

new text begin (3) a compelling need for court-ordered blood collection and testing outweighs the
interests of the source individual, including the source individual's privacy, health, safety,
or economic interests.
new text end

new text begin Subd. 5. new text end

new text begin Safeguards. new text end

new text begin The court may impose appropriate safeguards against unauthorized
disclosure that must specify the persons who have access to the test results in subdivision
4 and the purposes for which the test results may be used.
new text end

new text begin Subd. 6. new text end

new text begin Source individual; failure to comply. new text end

new text begin A court may order a source individual
taken into custody by a peace officer for purposes of obtaining a blood sample if the source
individual does not comply with an order issued under this section. The source individual
must not be held longer than is necessary to secure a blood sample.
new text end