Bill Text: NJ S3460 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires medical testing for certain persons in circumstances when first responders may be exposed to bloodborne pathogens.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-02-07 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S3460 Detail]
Download: New_Jersey-2018-S3460-Introduced.html
Sponsored by:
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
SYNOPSIS
Requires medical testing for certain persons in circumstances when first responders may be exposed to bloodborne pathogens.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning medical testing for bloodborne pathogens for certain persons and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Bloodborne pathogen" means pathogenic microorganisms that are present in human blood and can cause disease in humans including, but not limited to, hepatitis B, hepatitis C, human immunodeficiency virus (HIV), and any other infectious disease that may be transmitted through exposure to human blood.
"First responder" means a law enforcement officer, paid or volunteer firefighter, paid or volunteer member of a duly incorporated first aid, emergency, ambulance, or rescue squad association, or any other individual who, in the course of that individual's employment, is dispatched to the scene of an emergency situation for the purpose of providing medical care or other assistance.
2. a. In the event that an first responder who interacts with a person, and in the course of the interaction with that person, may have been exposed to a bloodborne pathogen through direct contact with bodily fluid or an accidental prick of a syringe or hypodermic needle, the first responder may notify the local public health officer of the potential exposure within 24 hours of the suspected contact to request that the person submit to serological tests or other medically appropriate tests, including such repeat or confirmatory tests as may be medically appropriate, for infection with a bloodborne pathogen that can be transmitted by contact with bodily fluids.
b. A public health officer receiving a request pursuant to subsection a. of this section shall seek to obtain voluntary consent to testing from the person who came into contact with the first responder. If the person does not consent and submit to testing within 24 hours of the public health officer's request, the public health officer shall file an emergency application to a court having jurisdiction for an order requiring the person to submit to testing.
c. A court shall grant an order requested pursuant to subsection b. of this section if the court finds, by a preponderance of evidence, that there is a risk that bloodborne pathogen was transmitted as a result of the contact. The court order shall require testing to be performed as soon as practicable by a health care provider or at a health care facility licensed or authorized to administer the ordered testing.
d. The results of any testing ordered by a court pursuant to subsection c. of this section shall be disclosed to the person tested and to the first responder who requested the testing, but shall not be disclosed to any other individual except as authorized by law or court order. A court order for testing and any test results shall be confidential and shall not be used for any law enforcement purposes or as evidence in any civil proceeding. A person who knowingly discloses or uses such confidential information in violation of this section is guilty of a crime of the fourth degree.
e. In addition to any other disposition authorized, a court may order the person who came into contact with the first responder to reimburse the State for the costs of the tests ordered pursuant to subsection c. of this section.
f. A person who performs a test ordered pursuant to subsection c. of this section in accordance with accepted medical standards for the performance of such tests shall be immune from civil and criminal liability arising from the person's conduct.
g. This section shall not be construed to preclude or limit any other testing for HIV, hepatitis, or any other infectious disease that is otherwise permitted by statute, court rule, or common law.
2. This act shall take effect immediately.
STATEMENT
This bill would provide for the court-ordered testing of certain persons in circumstances when first responders may be exposed to bloodborne pathogens such as hepatitis B, hepatitis C, human immunodeficiency virus (HIV), and any other infectious disease that may be transmitted through exposure to human blood. First responders include enforcement, firefighters, and emergency medical services personnel.
Specifically, the bill would provide that a first responder who, in the course of an interaction with a person, may have been exposed to a bloodborne pathogen through direct contact with bodily fluid or an accidental prick of a syringe or hypodermic needle, could notify the local public health officer within 24 hours of the potential exposure.
Upon the first responder's request, the public health officer is required to seek consent from the person who came into contact with the first responder to voluntarily submit to serological tests or other medically appropriate tests, including repeat or confirmatory tests, for infection with a bloodborne pathogen that can be transmitted by contact with bodily fluids or an accidental prick of a syringe or hypodermic needle. If the person does not consent and submit to testing within 24 hours of the public health officer's request, the public health officer is required to file an emergency application for a court order requiring the person to submit to testing.
The court would be required to grant the order for testing if the court finds, by a preponderance of evidence, that there is a risk that a bloodborne pathogen was transmitted as a result of the contact. The court order would require testing to be performed as soon as practicable by a health care provider or at a health care facility licensed or authorized to administer the ordered testing. The bill authorizes the court to order the person who came into contact with the first responder to reimburse the State for the costs of the tests.
The results of any testing would be disclosed to the person tested and the first responder who requested the testing, but are not to be disclosed to any other individual except as authorized by law or court order.
A court order for testing and any test results would be confidential and could not be used for any law enforcement purposes or as evidence in any civil proceeding. A person who knowingly discloses or uses such confidential information in violation of the bill would be guilty of a fourth degree crime, which is punishable by imprisonment for up to 18 months, a fine of up to $10,000, or both.
A person who performs a test ordered in accordance with accepted medical standards for the performance of such tests would be immune from civil and criminal liability arising from their conduct.
The bill is not to be construed to preclude or limit any other testing for HIV, hepatitis, or any other infectious disease that is otherwise permitted by statute, court rule, or common law.
