32.1-45.1 - Deemed consent to testing and release of test results related to infection with human immunodeficiency virus or hepatitis B or C viruses.
§ 32.1-45.1. Deemed consent to testing and release of test results related toinfection with human immunodeficiency virus or hepatitis B or C viruses.
A. Whenever any health care provider, or any person employed by or under thedirection and control of a health care provider, is directly exposed to bodyfluids of a patient in a manner that may, according to the then currentguidelines of the Centers for Disease Control and Prevention, transmit humanimmunodeficiency virus or hepatitis B or C viruses, the patient whose bodyfluids were involved in the exposure shall be deemed to have consented totesting for infection with human immunodeficiency virus or hepatitis B or Cviruses. Such patient shall also be deemed to have consented to the releaseof such test results to the person who was exposed. In other than emergencysituations, it shall be the responsibility of the health care provider toinform patients of this provision prior to providing them with health careservices which create a risk of such exposure.
B. Whenever any patient is directly exposed to body fluids of a health careprovider, or of any person employed by or under the direction and control ofa health care provider, in a manner that may, according to the then currentguidelines of the Centers for Disease Control and Prevention, transmit humanimmunodeficiency virus or hepatitis B or C viruses, the person whose bodyfluids were involved in the exposure shall be deemed to have consented totesting for infection with human immunodeficiency virus or hepatitis B or Cviruses. Such person shall also be deemed to have consented to the release ofsuch test results to the patient who was exposed.
C. For the purposes of this section, "health care provider" means anyperson, facility or agency licensed or certified to provide care or treatmentby the Department of Health, Department of Behavioral Health andDevelopmental Services, Department of Rehabilitative Services, or theDepartment of Social Services, any person licensed or certified by a healthregulatory board within the Department of Health Professions except for theBoards of Funeral Directors and Embalmers and Veterinary Medicine or anypersonal care agency contracting with the Department of Medical AssistanceServices.
D. "Health care provider," as defined in subsection C of this section,shall be deemed to include any person who renders emergency care orassistance, without compensation and in good faith, at the scene of anaccident, fire, or any life-threatening emergency, or while en routetherefrom to any hospital, medical clinic or doctor's office during theperiod while rendering such emergency care or assistance. The Department ofHealth shall provide appropriate counseling and opportunity for face-to-facedisclosure of any test results to any such person.
E. Whenever any law-enforcement officer, salaried or volunteer firefighter,paramedic or emergency medical technician is directly exposed to body fluidsof a person in a manner that may, according to the then current guidelines ofthe Centers for Disease Control and Prevention, transmit humanimmunodeficiency virus or hepatitis B or C viruses, the person whose bodyfluids were involved in the exposure shall be deemed to have consented totesting for infection with human immunodeficiency virus or hepatitis B or Cviruses. Such person shall also be deemed to have consented to the release ofsuch test results to the person who was exposed.
F. Whenever a person is directly exposed to the body fluids of alaw-enforcement officer, salaried or volunteer firefighter, paramedic oremergency medical technician in a manner that may, according to the thencurrent guidelines of the Centers for Disease Control and Prevention,transmit human immunodeficiency virus or hepatitis B or C viruses, the personwhose body fluids were involved in the exposure shall be deemed to haveconsented to testing for infection with human immunodeficiency virus orhepatitis B or C viruses. The law-enforcement officer, salaried or volunteerfirefighter, paramedic or emergency medical technician shall also be deemedto have consented to the release of such test results to the person who wasexposed.
G. For the purposes of this section, "law-enforcement officer" means aperson who is both (i) engaged in his public duty at the time of suchexposure and (ii) employed by any sheriff's office, any adult or youthcorrectional facility, or any state or local law-enforcement agency, or anyagency or department under the direction and control of the Commonwealth orany local governing body that employs persons who have law-enforcementauthority.
H. Whenever any school board employee is directly exposed to body fluids ofany person in a manner that may, according to the then current guidelines ofthe Centers for Disease Control and Prevention, transmit humanimmunodeficiency virus or hepatitis B or C viruses, the person whose bodyfluids were involved in the exposure shall be deemed to have consented totesting for infection with human immunodeficiency virus or hepatitis B or Cviruses. Such person shall also be deemed to have consented to the release ofsuch test results to the school board employee who was exposed. In other thanemergency situations, it shall be the responsibility of the school boardemployee to inform the person of this provision prior to the contact thatcreates a risk of such exposure.
I. Whenever any person is directly exposed to the body fluids of a schoolboard employee in a manner that may, according to the then current guidelinesof the Centers for Disease Control and Prevention, transmit humanimmunodeficiency virus or hepatitis B or C viruses, the school board employeewhose body fluids were involved in the exposure shall be deemed to haveconsented to testing for infection with human immunodeficiency virus orhepatitis B or C viruses. The school board employee shall also be deemed tohave consented to the release of such test results to the person.
J. For the purposes of this section, "school board employee" means a personwho is both (i) acting in the course of employment at the time of suchexposure and (ii) employed by any local school board in the Commonwealth.
K. For purposes of this section, if the person whose blood specimen is soughtfor testing is a minor, and that minor refuses to provide such specimen,consent for obtaining such specimen shall be obtained from the parent,guardian, or person standing in loco parentis of such minor prior toinitiating such testing. If the parent or guardian or person standing in locoparentis withholds such consent, or is not reasonably available, the personpotentially exposed to the human immunodeficiency virus or hepatitis B or Cviruses, or the employer of such person, may petition the juvenile anddomestic relations district court in the county or city where the minorresides or resided, or, in the case of a nonresident, the county or citywhere the health care provider, law-enforcement agency or school board hasits principal office or, in the case of a health care provider renderingemergency care pursuant to subsection D, the county or city where theexposure occurred, for an order requiring the minor to provide a bloodspecimen or to submit to testing and to disclose the test results inaccordance with this section.
L. Except as provided in subsection K, if the person whose blood specimen issought for testing refuses to provide such specimen, any person potentiallyexposed to the human immunodeficiency virus or hepatitis B or C viruses, orthe employer of such person, may petition the general district court of thecounty or city in which the person whose specimen is sought resides orresided, or, in the case of a nonresident, the county or city where thehealth care provider, law-enforcement agency or school board has itsprincipal office or, in the case of a health care provider renderingemergency care pursuant to subsection D, the county or city where theexposure occurred, for an order requiring the person to provide a bloodspecimen or to submit to testing and to disclose the test results inaccordance with this section. At any hearing before the court, the personwhose specimen is sought or his counsel may appear. The court shall beadvised by the Commissioner or his designee prior to entering any testingorder. If a testing order is issued, both the petitioner and the person fromwhom the blood specimen is sought shall receive counseling and opportunityfor face-to-face disclosure of any test results by a licensed practitioner ortrained counselor.
(1989, c. 613; 1993, c. 315; 1994, cc. 230, 236; 1997, c. 869; 2003, c. 1;2008, cc. 191, 339; 2009, cc. 96, 478, 552, 813, 840.)