Maine § 5 §19203-C Judicial consent to HIV test

Maine Statutes

§ 5 §19203-C — Judicial consent to HIV test

Maine·Title 5 ADMINISTRATIVE PROCEDURES AND SERVICES·Part 23 PUBLIC HEALTH·Ch. 501 MEDICAL 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 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: 1-A. Persons authorized.

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

3.Hearing. The hearing shall be governed as follows.

4.Determination. The court shall require the person whose blood or body fluid is the source of the exposure to obtain an HIV test if the petitioner proves, by a preponderance of the evidence, that: 5.

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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 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:
1-A.
Persons authorized.
2.
Prehearing duties of the court.
Upon receipt by the District Court of the petition, the court shall:
3.
Hearing.
The hearing shall be governed as follows.
4.
Determination.
The court shall require the person whose blood or body fluid is the source of the exposure to obtain an HIV test 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 an HIV test unless the employee exposed to the blood or body fluids of that person has consented to and obtained an HIV 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 an HIV test pursuant to this section, including the payment of the petitioner's attorneys' fees.
7.
Appeals.
A person required to undergo an HIV 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.
Reporting to bureau and counseling.
9.
Subsequent testing.
Subsequent testing arising out of the same incident of occupational exposure must be conducted in accordance with this section.
10.
Bureau of Health report.
The Bureau of Health shall report on an annual basis to the Maine HIV Advisory Committee the following information: