CHAPTER 331
H.P. 1000 - L.D. 1392
An Act to Require the Release of the Results of an HIV Test to a Person Who Has Experienced a Bona Fide Occupational Exposure
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA �19203-C, sub-�1, as amended by PL 1995, c. 404, �7, is further amended to read:
1. Petition. Any person who experiences a bona fide occupational exposure may petition the District Court with jurisdiction over the facility or other place where the exposure occurred to require the person whose blood or body fluid is the source of the exposure to submit to an HIV test and to require that the results of the test be provided to the petitioner provided that the following conditions have been met:
A. The exposure to blood or body fluids creates a significant risk of HIV infection, as defined by the Bureau of Health through the adoption of rules in accordance with the Maine Administrative Procedure Act, chapter 375;
B. The authorized representative of the employer of the person exposed has informed the person whose blood or body fluid is the source of the occupational exposure and has sought to obtain written informed consent from the person whose blood or body fluid is the source of the exposure; and
C. Written informed consent was not given by the person whose blood or body fluid is the source of the exposure and that person has refused to be tested.
Sec. 2. 5 MRSA �19203-C, sub-�4, as amended by PL 1995, c. 404, �10, is further amended to read:
4. Determination. The court may shall require the person whose blood or body fluid is the source of the exposure to obtain an HIV test only if the petitioner proves, by a preponderance of the evidence, that:
A. The exposure to blood or body fluids of the person created a significant risk of HIV infection as defined by the Bureau of Health through the adoption of rules in accordance with the Maine Administrative Procedure Act, chapter 375;
B. An authorized representative of the employer of the person exposed has informed the patient of the occupational exposure and has sought to obtain written informed consent from the person whose blood or body fluid is the source of the exposure; and
C. Written informed consent was not given by the person whose blood or body fluid is the source of the exposure and that person has refused to be tested.
In determining whether to order the test, the court shall consider the balance of benefit and harm to both individuals if the test is ordered.
Effective September 19, 1997, unless otherwise indicated.
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