1998 Minnesota Statutes

     144.765 Patient's right to refuse testing. 

    Subdivision 1.    Voluntary testing.  (a) Upon 
 notification of a significant exposure, the facility shall ask 
 the patient to consent to blood testing to determine the 
 presence of the HIV virus or the hepatitis B virus.  The patient 
 shall be informed that the test results without personally 
 identifying information will be reported to the emergency 
 medical services personnel. 

    (b) The patient shall be informed of the right to refuse to 
 be tested, that refusal could result in a request for a court 
 order to force reporting of hepatitis B or HIV infection status, 
 and that information collected through this process is for 
 medical purposes and cannot be used as evidence in any criminal 
 proceedings.  If the patient refuses to be tested, the patient's 
 refusal will be forwarded to the emergency medical services 
 agency and to the emergency medical services personnel. 

    Subd. 2.    Mandatory reporting.  If a patient is 
 subject to voluntary testing under section 144.762, subdivision 
 2a, and is either unavailable for immediate testing at the 
 facility or refuses to submit to a blood test, the emergency 
 medical services personnel employer shall locate and ask the 
 patient to report and present documentation from a licensed 
 physician of the patient's most recent known HIV and hepatitis B 
 infection status within 24 hours.  The patient shall be informed 
 that the test results without personally identifying information 
 will be reported to the emergency medical services personnel.  
 The patient shall be informed that refusal could result in a 
 request for a court order to force reporting, and that 
 information collected through this process is for medical 
 purposes and cannot be used as evidence in any criminal 
 proceedings.  If the patient refuses to report, the patient's 
 refusal will be forwarded to the emergency medical services 
 personnel. 

    Subd. 3.    Mandatory testing.  The right to refuse a 
 blood test under the circumstances described in this section 
 does not apply to a prisoner who is in the custody or under the 
 jurisdiction of the commissioner of corrections or a local 
 correctional authority as a result of a criminal conviction. 

    Subd. 4.    Court order.  If a patient is subject to 
 mandatory reporting under subdivision 2, and either is 
 unavailable for reporting to the facility or refuses to submit a 
 report, the emergency medical services personnel may seek a 
 court order to compel the patient to submit to reporting.  Court 
 proceedings under this subdivision shall be given precedence 
 over other pending matters so that the court may reach a prompt 
 decision without delay.  The court shall order the patient to 
 submit to reporting upon proof that:  (1) an investigation by a 
 licensed physician under section 144.762, subdivision 2a, showed 
 that the emergency medical services personnel experienced a 
 significant exposure; and (2) the information is necessary for a 
 decision about beginning, continuing, or discontinuing a medical 
 intervention and will not cause undue hardship or harm to the 
 health of the patient. 

    HIST: 1989 c 154 s 5; 1993 c 326 art 4 s 1; 1997 c 239 art 9 s 
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