Maine § 22 §832 Judicial consent to blood-borne pathogen test

Maine Statutes

§ 22 §832 — Judicial consent to blood-borne pathogen test

Maine·Title 22 HEALTH AND WELFARE·Part 3 PUBLIC HEALTH·Ch. 250 CONTROL OF NOTIFIABLE DISEASES AND CONDITIONS

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 a blood-borne pathogen test and to require that the results of the test be provided to the petitioner as long as the following conditions have been met:

2.Prehearing duties of the court. Upon receipt by the District Court of the petition, the court shall:

3.Hearing. The hearing is governed as follows.

4.Determination. The court shall require the person whose blood or body fluid is the source of the exposure to obtain a blood-borne pathogen test and shall require that the results of the test be provided to the petiti

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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 a blood-borne pathogen test and to require that the results of the test be provided to the petitioner as long as the following conditions have been met:
2.
Prehearing duties of the court.
Upon receipt by the District Court of the petition, the court shall:
3.
Hearing.
The hearing is governed as follows.
4.
Determination.
The court shall require the person whose blood or body fluid is the source of the exposure to obtain a blood-borne pathogen test and shall require that the results of the test be provided to the petitioner only if the petitioner proves by a preponderance of the evidence that:
5.
Consent.
The court may not order a person whose blood or body fluid is the source of the exposure to obtain a blood-borne pathogen test unless the employee exposed to the blood or body fluids of that person has consented to and obtained a blood-borne pathogen test immediately following that documented exposure.
6.
Costs.
The employer of the person exposed is responsible for the petitioner's reasonable costs related to obtaining the results of a blood-borne pathogen test pursuant to this section, including the payment of the petitioner's attorney's fees.
7.
Appeals.
A person required to undergo a blood-borne pathogen test may appeal the order to Superior Court. The appeal is limited to questions of law. Any findings of fact of the District Court may not be set aside unless clearly erroneous.
8.
Subsequent testing.
Subsequent testing arising out of the same incident of occupational exposure must be conducted in accordance with this section.