SF 3350

as introduced - 89th Legislature (2015 - 2016) Posted on 04/29/2016 09:07am

A bill for an act
relating to public safety; health; courts; authorizing ex parte hearings to determine
when an emergency medical service person has a significant exposure to a source
individual's bodily fluids; authorizing peace officers to take a noncompliant
source individual into temporary custody to collect a blood sample; amending
Minnesota Statutes 2014, section 144.7407, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 144.7407, subdivision 2, is amended to read:

Subd. 2.

Procedures without consent.

(a) An emergency medical services agency,
or, if there is no agency, an emergency medical services person, may bring a petition for
a court order to require a source individual to provide a blood sample for testing for
blood-borne pathogens. The petition shall be filed in the district court in the county where
the source individual resides or is hospitalized. The petitioner shall serve the petition on
the source individual at least three days before a hearing on the petition. The petition shall
include one or more affidavits attesting that:

(1) the facility followed the procedures in sections 144.7401 to 144.7415 and
attempted to obtain blood-borne pathogen test results according to those sections;

(2) it has been determined under section 144.7414, subdivision 2, that a significant
exposure has occurred to the emergency medical services person; and

(3) a physician with specialty training in infectious diseases, including HIV, has
documented that the emergency medical services person has provided a blood sample and
consented to testing for blood-borne pathogens and blood-borne pathogen test results are
needed for beginning, continuing, modifying, or discontinuing medical treatment for
the emergency medical services person.

(b) Facilities shall cooperate with petitioners in providing any necessary affidavits to
the extent that facility staff can attest under oath to the facts in the affidavits.

(c) The court may order the source individual to provide a blood sample for
blood-borne pathogen testing if:

(1) there is probable cause to believe the emergency medical services person has
experienced a significant exposure to the source individual;

(2) the court imposes appropriate safeguards against unauthorized disclosure that
must specify the persons who have access to the test results and the purposes for which the
test results may be used;

(3) a licensed physician for the emergency medical services person needs the test
results for beginning, continuing, modifying, or discontinuing medical treatment for the
emergency medical services person; and

(4) the court finds a compelling need for the test results. In assessing compelling
need, the court shall weigh the need for the court-ordered blood collection and test results
against the interests of the source individual, including, but not limited to, privacy, health,
safety, or economic interests. The court shall also consider whether the involuntary blood
collection and testing would serve the public interest.

(d) The court shall conduct the proceeding in camera unless the petitioner or the
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.

new text begin (e) The court shall conduct an ex parte hearing if the source individual does not
attend the noticed hearing and the petitioner complied with the notice requirements in
paragraph (a).
new text end

deleted text begin (e) deleted text end new text begin (f) new text end The source individual has the right to counsel in any proceeding brought
under this subdivision.

new text begin (g) The 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 by the court pursuant to paragraph (c). The source individual shall be held no
longer than is necessary to secure a blood sample. A person may not be held for more than
24 hours without receiving a court hearing.
new text end