144.7407 BLOOD SAMPLE COLLECTION FOR TESTING.
Subdivision 1. Procedures with consent.
(a) If a blood sample is not otherwise available, the
facility shall obtain consent from the source individual before collecting a blood sample for testing
for bloodborne pathogens. The consent process shall include informing the source individual that
the individual may refuse to provide a blood sample and that the source individual's refusal
may result in a request for a court order under subdivision 2 to require the source individual
to provide a blood sample.
(b) If the source individual consents to provide a blood sample, the facility shall collect a
blood sample and test the sample for bloodborne pathogens.
(c) The facility shall inform the emergency medical services person about the source
individual's test results without the individual's name, address, or other uniquely identifying
information. The facility shall inform the source individual of the test results.
(d) If the source individual refuses to provide a blood sample for testing, the facility shall
inform the emergency medical services person of the source individual's refusal.
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 bloodborne 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
and attempted to
obtain bloodborne 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 bloodborne pathogens and bloodborne pathogen test results are needed for beginning,
continuing, modifying, or discontinuing medical treatment for the emergency medical services
(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 bloodborne
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.
(e) The source individual has the right to counsel in any proceeding brought under this
History: 2000 c 422 s 11