§ 23-07.7-02 — Testing procedures - Results of test - Penalty

North Dakota § 23-07.7-02

• Jurisdiction: North Dakota
• Title 23: Health and Safety
• Ch. 23-07.7: Court-Ordered Testing for Sexually Transmitted Diseases

Text

1. If testing is ordered by a court under section 23-07.7-01, only a health care provider,
blood bank, blood center, or plasma center may obtain a specimen of bodily fluids or
tissues for the purpose of testing.
2. The court shall order that the specimen be transmitted to a licensed medical laboratory
and that tests be conducted for medically accepted indications of exposure to or
infection by acquired immunodeficiency syndrome virus, acquired immunodeficiency
syndrome-related conditions, and sexually transmitted diseases for which medically
approved testing is readily and economically available as determined by the court.
3. The laboratory shall send a copy of the test results to the physicians designated in the
court order, who shall then release the test results to the defendant or alleged juvenile
offender and each requesting victim as designated in the court order. The court order
must be served on the physicians before any test. The laboratory also shall send a
copy of test results that indicate exposure to or infection by acquired
immunodeficiency syndrome virus, acquired immunodeficiency syndrome-related
conditions, or other sexually transmitted diseases to the department of health and
human services.
4. Every copy of the test results must include the following disclaimer:

The testing was conducted in a medically approved manner, but tests cannot
determine exposure to or infection by acquired immunodeficiency syndrome or
other sexually transmitted diseases with absolute accuracy. Anyone receiving this
test result should continue to monitor their own health and should consult a
physician as appropriate.
5. The court shall order all persons, other than the test subject, who receive test results
pursuant to section 23-07.7-01, to maintain the confidentiality of personal identifying
data relating to the test results except for disclosure that may be necessary to obtain
medical or psychological care or advice. A person who intentionally discloses the
results of any test in violation of this subsection and thereby causes bodily or
psychological harm to the subject of the test is guilty of a class C felony.
6. The specimens and the results of tests ordered pursuant to section 23-07.7-01 are not
admissible evidence in any civil, criminal, or juvenile proceeding.
7. Any person who performs testing, transmits test results, or discloses information
pursuant to this chapter is immune from civil liability for any action undertaken in
accordance with this chapter, except for an act or omission that constitutes gross
negligence.
8. The county in which the alleged violation of chapter 12.1-20 occurred shall pay for the
testing. A defendant who is convicted of the offense shall reimburse the county for the
costs of testing.