76-10-1311 - Mandatory testing -- Retention of offender medical file -- Civil liability.
76-10-1311. Mandatory testing -- Retention of offender medical file -- Civilliability.
(1) A person who has entered a plea of guilty, a plea of no contest, a plea of guilty andmentally ill, or been found guilty for violation of Section 76-10-1302, 76-10-1303, or76-10-1313 shall be required to submit to a mandatory test to determine if the offender is an HIVpositive individual. The mandatory test shall be required and conducted prior to sentencing.
(2) If the mandatory test has not been conducted prior to sentencing, and the convictedoffender is already confined in a county jail or state prison, such person shall be tested while inconfinement.
(3) The local law enforcement agency shall cause the blood specimen of the offender asdefined in Subsection (1) confined in county jail to be taken and tested.
(4) The Department of Corrections shall cause the blood specimen of the offenderdefined in Subsection (1) confined in any state prison to be taken and tested.
(5) The local law enforcement agency shall collect and retain in the offender's medicalfile the following data:
(a) the HIV infection test results;
(b) a copy of the written notice as provided in Section 76-10-1312;
(c) photographic identification; and
(d) fingerprint identification.
(6) The local law enforcement agency shall classify the medical file as a private recordpursuant to Subsection 63G-2-302(1)(b) or a controlled record pursuant to Section 63G-2-304.
(7) The person tested shall be responsible for the costs of testing, unless the person isindigent. The costs will then be paid by the local law enforcement agency or the Department ofCorrections from the General Fund.
(8) (a) The laboratory performing testing shall report test results to only designatedofficials in the Department of Corrections, the Department of Health, and the local lawenforcement agency submitting the blood specimen.
(b) Each department or agency shall designate those officials by written policy.
(c) Designated officials may release information identifying an offender under Section76-10-1302, 76-10-1303, or 76-10-1313 who has tested HIV positive as provided underSubsection 63G-2-202(1) and for purposes of prosecution pursuant to Section 76-10-1309.
(9) (a) An employee of the local law enforcement agency, the Department of Corrections,or the Department of Health who discloses the HIV test results under this section is not civillyliable except when disclosure constitutes fraud or willful misconduct as provided in Section63G-7-202.
(b) An employee of the local law enforcement agency, the Department of Corrections, orthe Department of Health who discloses the HIV test results under this section is not civilly orcriminally liable, except when disclosure constitutes a knowing violation of Section 63G-2-801.
(10) When the medical file is released as provided in Section 63G-2-803, the local lawenforcement agency, the Department of Corrections, or the Department of Health or its officersor employees are not liable for damages for release of the medical file.
Amended by Chapter 382, 2008 General Session